HomeMy WebLinkAbout08-09-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order
B.Disclosures
C.Approval of Minutes
C.1 Minutes approval for 12-10-19 and 07-26-21(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, August 9, 2021
WebEx Meeting Information
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?
MTID=eb8d6052a87ca4c28ac2e8bb6147705a6
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting
Via Phone:
This is for listening only if you cannot watch the stream or channel 190
• Call-in toll number (US/Canada ): 1-650-479-3208
• Access code: 182 122 5000
Public Comment:
If you are interested in commenting in writing on items on the agenda, please send an email to
agenda@bozeman.net prior to 4:00pm on Monday, August 9th, 2021. You may also comment by
visiting the City's public comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting. If you are not able to join the Webex
meeting and would like to provide oral comment you may send a request to agenda@bozeman.net
with your phone number, the item(s) you wish to comment on, and someone will call you during the
meeting to provide an opportunity to comment. You may also send the above information via text to
406-224-3967.
As always, the meeting will be streamed through the City's video page (click the Streaming Live in the
drop down menu), and available in the City on cable channel 190.
1
limit your comments to three minutes.
E.Action Items
E.1 2103 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning
Designation of R-2 for a property Addressed at 2103 Bridger Drive, Application
21147.(Rogers)
E.2 The West Babcock Properties Zone Map Amendment to rezone 3.4 acres from B-2 to B-2M
for Properties Addressed at 102 South 19th Avenue and 1716, 1736, and 1804 West
Babcock Street, Application 21192.(Rogers)
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).
2
Memorandum
REPORT TO:Zoning Commission
FROM:Taylor Chambers - Community Development Technician II
SUBJECT:Minutes approval for 12-10-19 and 07-26-21
MEETING DATE:August 9, 2021
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes for December 10th, 2019
I move to approve the meeting minutes for July 26, 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:
12-10-19 Zoning Commission Minutes (Draft).pdf
07-26-21 Zoning Commission Minutes DRAFT.pdf
Report compiled on: July 27, 2021
3
Zoning Commission
Tuesday, December 10th, 2019 at 6:00 PM
City Hall, Commission Chamber – 121 N. Rouse Avenue
A. 06:01:05 PM (00:01:27) Call Meeting to Order & Roll Call
Present Were:
Christopher Scott (Acting Chair)
Nicole Olmstead
Mark Genito
Chris Mehl (Commission Liaison)
George Thompson
Chris Saunders (City Staff)
B. 06:01:30 PM (00:01:53) Changes to the Agenda
C. 06:01:49 PM (00:02:12) Approve Meeting Minutes (None)
D. 06:01:52 PM (00:02:15) Disclosures
E. 06:01:57 PM (00:02:20) Public Comment – Please state your name and address in an audible tone
of voice for the record. This is the time for individuals to comment on matters falling within the
purview of the Committee. There will also be an opportunity in conjunction with each action
item for comments pertaining to that item. Please limit your comments to three minutes.
F. Action Items
1. 06:02:06 PM (00:02:29) 2504 W. Mendenhall Annexation (#19462) (Saunders)
The proposed annexation of a 1/3 acre lot with a duplex on it on the corner of 25th and
Mendenhall. Only requesting to connect to sewer at this time.
• 19462 Continuation Memo
• 19462 Staff Report
• 19462 Application Materials
Commission has been asked to continue this action item until the January 7, 2020 Zoning
Commission meeting due to applicant not posting the proper notification.
06:02:34 PM (00:02:57) MOTION: Move to continue 2504 W. Mendenhall annexation #19462 and
take it up at the January 7, 2020 meeting. George Thompson
06:02:58 PM (00:03:21) MOTION SECOND: Nicole Olmstead
06:03:00 PM (00:03:23) Discussion:
4
06:03:27 PM (00:03:50) VOTE: All in Favor, Motion passes unanimously
2. 06:03:44 PM (00:04:07) University Crossing Annexation (#19444) (Saunders)
A request to annex 1.7 acres west of the Crowley Fleck building on South 19th. B-2 zoning is
proposed.
• 19444 Staff Report
• 19444 Application Materials
Community Development Manager Chris Saunders described the proposed annexation site
on the southwest corner of Kagy and 19th. The city received no public comments on the
proposal. Mr. Saunders described the zoning of the surrounding area and said the area
proposed for annexation is only a portion of the parcel owned by the underlying landowner.
Mr. Saunders answered Commission member questions about water rights and payment in
lieu of water rights.
06:15:44 PM (00:16:07) Mr. Saunders also answered questions concerning street
improvements to South 27th and intersection improvements of W. Kagy and south of 27th as
these are a distance from S. 19th. Mr. Saunders addressed questions about the Storm
Water Design Guidance and the seasonally high ground water in the area.
06:22:25 PM (00:22:48) Matt Hausauer of C & H Engineering, representing the applicant, described
the proposed area as part of an acquisition of land of the applicant from the underlying landowner
and is an expansion of University Crossing Development Subdivision. Mr. Hausauer said that the
zoning of B-2M was considered, however B-2M is too controversial, so the applicant recommended
the zoning of B-2. No water rights are being transferred from the underlying landowner in the
acquisition. Irrigation will come from an existing irrigation well from the current University Crossing
Development. Mr. Hausauer said the plans for the project are to get the annexation and initial
zoning through the process and then plans are to submit a subdivision exemption to tie the area into
the University Crossing Development Subdivision.
06:31:01 PM (00:31:24) Public Comment - None
06:31:46 PM (00:32:09) 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 19444 and move to approve the University Crossing 2020 Annexation
with recommended terms of annexation, and direct staff to prepare an annexation agreement for
signature by the parties. Nichole Olmstead
Mr. Saunders made a correction that the Zoning Commission does not make the motion for
annexation, but only for the zoning.
06:32:54 PM (00:33:17) 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 19444 and move to approve the University Crossing 2020 Zone Map
Amendment, with contingencies required to complete the application processing. Nicole Olstead
5
06:33:51 PM (00:34:14) MOTION SECOND: George Thompson
06:34:03 PM (00:34:26) Amendment to the MOTION: To change the wording from “approve” to
“recommend for approval”. Nichole Olstead
06:34:07 PM (00:34:30) Amendment to the MOTION SECOND: George Thompson
06:34:21 PM (00:34:44) Discussion: Members gave their thoughts on the proposed zoning. Ms.
Olstead made the comment that she would like to see a stronger annexation policy with a
minimum acreage requirement.
06:36:17 PM (00:36:40) VOTE: All in Favor, Motion passes unanimously
The University Crossing Annexation (#19444) will go before the City Commissioners on January 13,
2020.
G. 06:36:51 PM (00:37:14) FYI/Discussion
1. Other Updates
Deputy Major Mehl thanked the commission members for their work this past year and was pleased
about the creation of the B-2M zoning.
H. 06:38:01 PM (00:38:24) Adjournment
For more information, please contact Tom Rogers at TRogers@bozeman.net. This board generally meets the
first and third Tuesday of the month at 6:00pm
Zoning Commission 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).
6
Bozeman City Commission Meeting Minutes, 07-26-21
Page 1 of 4
THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, July 26, 2021
00:00:17 WebEx Meeting Information
A) 00:01:28 Call meeting to order
Present: Nicole Olmstead, Mark Genito, Kirsa Shelkey, Christopher Scott
Absent: George Thompson
B) 00:02:07 Disclosures
C) 00:02:17 Approval of Minutes
C.1 Approval of Meeting Minutes for 07-12-21
07-12-21 Zoning Commission Meeting Minutes DRAFT.pdf
00:02:40 Motion C) Approval of Minutes
Nicole Olmstead: Motion
Mark Genito: 2nd
00:02:52 Vote on the Motion to adjourn C) Approval of Minutes. The Motion carried 4 - 0
Approve:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Christopher Scott
Disapprove:
None
D) 00:03:18 Public Comment
7
Bozeman City Commission Meeting Minutes, 07-26-21
Page 2 of 4
E) 00:04:14 Special Presentation
F) 00:04:28 Action Items
F.1 00:04:31 University Crossing Apartments Annexation and Zone Map Amendment,
Application 21152 to annex approximately 10,250 square feet and zone it as B-2 at 2025
W. Kagy Blvd.
21152 University Crossing Apartments Annexation-ZMA Staff Report ZC.pdf
21152 Application Materials.pdf
00:04:49 Staff Presentation
City Planner Chris Saunders presented the University Crossing Apartments Annexation to the board and
recommended that the application met the criteria of evaluation.
00:07:10 Board Questions
Board members did not have questions regarding the application.
00:07:33 Applicant Presentation
The applicant did not have anything further to add
00:08:31 Board Discussion
00:09:08 Motion 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 21152 and move to recommend approval of the
University Crossing Apartments Zone Map Amendment, with contingencies required to complete the
application processing.
Mark Genito: Motion
Kirsa Shelkey: 2nd
Chairman Scott commented in favor of the annexation.
00:10:04 Vote on the Motion to approve 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 21152 and move to recommend approval
of the University Crossing Apartments Zone Map Amendment, with contingencies required to complete
the application processing. The Motion carried 4 - 0
Approve:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Christopher Scott
8
Bozeman City Commission Meeting Minutes, 07-26-21
Page 3 of 4
Disapprove:
None
F.2 00:10:29 Gran Cielo Subdivision Phase 2 Zone Map Amendment, Amendment of
the City Zoning Map on 9.01 Acres to Change from R-4 High Density Residential District
to a Zoning Designation of R-5 Residential Mixed-Use High Density District, Located
South of Stucky Road, West of South 27th Avenue, and north of Bennett Boulevard,
Application 21095.
21095 Gran Cielo Ph. 2 ZMA_staff_report ZC 7-15-21.pdf
21095 Gran Cielo Ph 2 ZMA Application Materials.pdf
00:11:03 Staff Presentation
City Planner Chris Saunders presented the Gran Cielo Phase 2 Zone Map Amendment to the board and
recommended that the application met the criteria of approval.
00:16:08 Board Questions
Board members directed questions to Planner Saunders.
00:21:32 Applicant Presentation
Chris Budeski presented to the board on behalf of the applicant.
00:24:37 Board Questions
Board members directed questions to the applicant.
00:26:50 Public Comment Opportunity
00:28:07 Board Discussion
00:28:37 Motion Recommended Zoning Commission Zoning Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information presented, I hereby move to
adopt the findings presented in the staff report for application 21095 and move to recommend approval
of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete
the application processing.
Mark Genito: Motion
Nicole Olmstead: 2nd
Board member Genito spoke to his motion and commented that he adopts staff's findings as his own.
Board member Shelkey commented in favor of the application.
Chairman Scott commented in favor of the application.
Board member Olmstead spoke to her second.
9
Bozeman City Commission Meeting Minutes, 07-26-21
Page 4 of 4
00:33:54 Vote on the Motion to adjourn Recommended Zoning Commission Zoning Motion: Having
reviewed and considered the staff report, application materials, public comment, and all information
presented, I hereby move to adopt the findings presented in the staff report for application 21095 and
move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with
contingencies required to complete the application processing. The Motion carried 4 - 0
Approve:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Christopher Scott
Disapprove:
None
G) 00:36:53 FYI/Discussion
Chairman Scott asked that board members give a more advanced notice, if possible, if they are planning
on not being at the meeting.
H) 00:42:54 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
10
Memorandum
REPORT TO:Zoning Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:2103 Bridger Drive Annexation and Zone Map Amendment for the
Establishment of a Zoning Designation of R-2 for a property Addressed at
2103 Bridger Drive, Application 21147.
MEETING DATE:August 9, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21147 and move to recommend
approve the 2103 Bridger Drive Zone Map Amendment, with contingencies
required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicants and property owners, Kristal Jones and Brandon Green, seek
to annex three parcels totaling roughly 0.54 acres into the City limits and
establish initial zoning of R-2, Residential Moderate Density. The property is
currently zoned “Residential Suburban” within the county. Nearby municipal
zoning includes Residential Single-Household Low Density (R-1) to the north
and Residential Suburban (R-S) to the south. Land to the east and west is
unincorporated and zoned “Residential Suburban” within the county. The
future land use map in the Bozeman Community Plan designates the
property as “Urban Residential” which the R-2 district serves to implement.
The adjacent road rights-of-way was annexed with previous annexations.
There is an existing home and second dwelling above the garage on the
parcel.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
11
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
21147 2103 Bridger Drive ZMA ZC SR revised.pdf
Development Review Application 3 28 2021.pdf
Zone Map Amendment Project Narrative 3 28 2021.pdf
Site Plan 3 28 2021.pdf
Annexation Application Project Narrative 7 6 2021.pdf
Report compiled on: August 5, 2021
12
Page 1 of 23
21147 Staff Report for the 2103 Bridger Drive Annexation & ZMA
Public Hearings: Zoning Commission (map amendment only) August 9, 2021
City Commission (Annexation and map amendment) August 24, 2021
Project Description: Annexation of 0.54 acres and amendment of the City Zoning Map for
the establishment of a zoning designation of R-2.
Project Location: 2103 Bridger Drive and more accurately described as Lots 14, 15, and
16, Ed Vogel Subdivision No. 1, Located in the Southeast One-Quarter (SE ¼) of
Section 32, Township One South (T1S), Range Six East (R6E), P.M.M., Gallatin
County, MT. The annexation and zone map amendment would also apply to the
streets adjacent to the property.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21147 and
move to recommend approval of the 2103 Bridger Drive Zone Map Amendment,
with contingencies required to complete the application processing.
Report: August 3, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report only addresses the zoning amendment as the Zoning Commission only
considers the zone map amendment. A revised report addressing both the annexation and the
zoning amendment will be made available prior to the City Commission hearing on the
application.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
13
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 2 of 23
Project Summary
The applicants and property owners, Kristal Jones and Brandon Green, seek to annex three
parcels totaling roughly 0.54 acres into the City limits and establish initial zoning of R-2,
Residential Moderate Density. The property is currently zoned “Residential Suburban”
within the county. Nearby municipal zoning includes Residential Single-Household Low
Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and
west is unincorporated and zoned “Residential Suburban” within the county. The future land
use map in the Bozeman Community Plan 2020 designates the property as “Urban
Neighborhood” which the R-2 district serves to implement. The adjacent road rights-of-way
was annexed with previous annexations. There is an existing home and above garage
dwelling on the parcel.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
Zoning Commission
The Zoning Commission will hold a public hearing on August 9, 2021 before making a
recommendation on the proposed zoning.
Zoning Commission Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
14
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 3 of 23
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
Zoning Commission Alternatives ....................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 3 – ADVISORY COMMENTS .............................................................................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9
Spot Zoning Criteria ......................................................................................................... 19
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 21
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 23
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
15
Page 4 of 23
SECTION 1 - MAP SERIES
Project Vicinity Map (2021 air photo)
16
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 5 of 23
Project Vicinity Map (2021 air photo)
17
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 6 of 23
Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as
Urban Neighborhood
Urban
Neighborhood Community
Commercial
Mixed-Use
Parks and
Open
Lands
Residential
Mixed-Use
No City
Services
Urban
Neighborhood
18
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 7 of 23
Project Vicinity Map Showing Near Vicinity Municipal Zoning
B-2
R-1
M-1
R-S
Not
annexed
Not
annexed
Not
annexed
R-S
R-3
R-4
B-2
19
Page 8 of 23
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. The Ordinance for the Zone Map Amendment must not be approved 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 is null and void.
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “2103 Bridger Drive Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “2103 Bridger Drive Zone
Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit,
and a digital copy of the area to be zoned, acceptable to the Director of Public Works,
which will be utilized in the preparation of the Ordinance to officially amend the City
of Bozeman Zoning Map. The map must contain a metes and bounds legal description
of the perimeter of the subject properties, zoning district, and total acreage of the property.
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 – ADVISORY COMMENTS
1. The significant distance between the existing home and the available sewer mains and
available elevation drop may require a private pump system to be installed. The City does
not maintain or operate private pump systems, the owner of the property will be
responsible for any system.
2. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
3. Upon future development of the parcel, the transfer of water rights or the payment of
cash-in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code
38.410.130.
20
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 9 of 23
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the annexation. The DRC did not
make a formal recommendation and did not express concerns with annexation of the
property.
The City Commission will hold a public meeting on the annexation on August 24, 2021. The
meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The 2103 Bridger Drive Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 21147.
The Development Review Committee (DRC) considered the amendment. The DRC
identified did not identify any infrastructure or regulatory constraints that would impede the
approval of the Zone Map Amendment application.
The Zoning Commission will hold a public hearing on this ZMA on August 9, 2021 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on August 24,
2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
21
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 10 of 23
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning
amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the
property is designated as Urban Neighborhood. The Urban Neighborhood designation
description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such as
parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
22
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 11 of 23
serving commerce provide activity centers for community gathering and services. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the R-2 district is an implementing district of the Urban
Neighborhood category.
23
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 12 of 23
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, even within already
developed areas. It is inconsistent with this approach to zone at annexation for lower
intensities than what infrastructure and planning documents will support. This policy
approach does not specify any individual district but does lean towards the more intensive
portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “On the Community Plan Future Land-use Map, our entire area is designated as
urban neighborhood. In the Growth Policy, these are described as including a variety of
“types, shapes, sizes, and intensities” of housing. Our request for R-2 zoning on our property
as we pursue annexation reflects the goal of increasing diversity of housing types along with
increasing overall density, both of which feature prominently in the Growth Policy. The most
specifically relevant objectives to which R-2 zoning can contribute include N-1.1 (promote
housing diversity), N-1.3 (lessen areas exclusively zoned for single-type housing), N-1.4
(promote development of ADUs) and N-1.11 (gradual and predictable increase in density
over time).”
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the
City Commission declines the annexation then the requested R-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted
facility plans for development at urban intensity.
24
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 13 of 23
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Although limited infrastructure is currently installed near the subject property
this action is the first step in correcting this deficiency.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates
one of a number of isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property, for all intent and purpose, is wholly surrounded by the City. The property is
seeking annexation and municipal zoning for the purpose of maintaining and possibly
expanding the use and intensity of the site. The application is in accordance with the growth
policy.
B. Secure safety from fire and other dangers.
Yes. The existing building is constructed of unknown quality, fire, and safety measures. Any
renovations, expansions, or removal and replacement must meet the development standards
of the City and, in some cases, might require retrofitting to ensure the building is safe for
occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response
reach of the Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain. Upon
annexation the subject property will be provided with City emergency services including
police, fire and ambulance. The initial zoning of R-2 is not likely to adversely impact safety
from fire and other dangers. The property will be required to conform to all City of Bozeman
public safety, building and land use requirements. The City provides emergency services to
adjacent properties and there will be no difficulty extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected as the proposed annexation will allow the existing structure to connect to
the City sewer system, thereby removing a septic system and lessening resulting groundwater
discharge.
25
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 14 of 23
As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site,
and full connection to the greater transportation network for users ensuring the promotion of
public health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily
by the City’s long range facility Plans, the City’s capital improvements program,
and development standards adopted by the City. The standards set minimum
sizing and flow requirements, require dedication of parks, provision of right of
way for people and vehicles, keep development out of floodplains, and other
items to address public safety, etc. It is often difficult to assess these issues in
detail on a specific site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts
are experienced. The availability of other planning and development review tools
must be considered when deciding the degree of assurance needed to apply an
initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. Private development must demonstrate compliance with
standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
26
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 15 of 23
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property to the north (approximately 250-feet from the existing
structures) and the terms of annexation require the applicant to connect to municipal services
and install any facilities required to provide full municipal services to the property. The
property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is
located across Bridger Drive. Park dedication is not required as there is an existing residence
on the property. Any future development of the property will be evaluated for additional
required improvements during the plan review process.
E. Reasonable provision of adequate light and air.
Yes. The R-2 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot
coverage, and buffering.
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 proposed R-2 zoning designation will have a neutral effect on the City’s
motorized and non-motorized transportation systems as the property is occupied by an existing
residence. As a result, the impact to the motorized and non-motorized transportation systems
is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of-
way along the rear (north) of the property to allow the future connection of a local street. In
the event this local street is built, it would have a positive effect on the motorized and non-
27
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 16 of 23
motorized transportation systems as it would increase street connectivity adjacent to the
Legends subdivision and result in the addition of a sidewalk. Further, the small size of the
property and the lower-intensity zoning proposed will not create a measurable effect on
transportation systems.
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection
upgrades, and trails. Therefore, although a text or map amendment may allow more
intense development than before, compliance with the adopted Plans and standards
will provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and
the compliance of future development with adopted standards will offset impacts from
development.
G. Promotion of compatible urban growth.
Yes. Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMC to establish
a common reference for consideration of this criterion and application of development
standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
28
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 17 of 23
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
The proposed R-2 district is a predominantly residential district. The allowed uses for
residential districts are set in section 38.310.030. The proposed zoning is similar in intensity
and character as neighboring properties. The proposed amendment is associated with an
annexation creating continuity between the existing and surrounding uses. Staff concludes R-
2 zone is compatible and is urban growth as called for in the growth policy. See also
discussion for Criteria A & H.
H. Character of the district.
Yes. The proposed R-2 zoning promotes the character of the district as the intent of the
Residential Moderate Density district is to “… provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development
constraints.” Surrounding properties are low-density single-household residential. Adjacent
properties in the City are zoned R-1 to the north and R-S (Residential Suburban) to the south.
Adjacent properties in Gallatin County, to the east and west, are zoned Residential Suburban.
The proposed R-2 zoning designation is consistent with the character of the neighborhood as
well as existing development on the property.
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. 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.”
29
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 18 of 23
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the R-2 district to be compatible with adjacent development and uphold the character of the
area. Below is an excerpt from the Residential Density map supported by the City GIS
Department. It shows adjacent properties, except for the Headlands subdivision, hosts more
density than the subject property.
Living unit density map
I. Peculiar suitability for particular uses.
Yes. The property is located in an area of single-household residential development which is
suitable for uses allowed in the R-2 zoning district. The proposed R-2 zoning designation is
suitable for the current use of the property.
Staff concurs with the applicants statement that, “We believe that given the emphasis within
the city of Bozeman and the broader Gallatin County community to prioritize increasing
diverse housing options, our request for R-2 zoning will maximize the specific characteristics
of our property that make it suitable for potentially two new dwellings. Those characteristics
include adequate size well beyond what is necessary for building two dwelling units and its
position surrounded by existing neighborhoods that make it a prime candidate on which to
conduct infill.”
J. Conserving the value of buildings.
Yes. There is an existing single-household residential structure with an attached secondary
dwelling unit on the property in an area of compatible residential land uses. The proposed R-
30
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 19 of 23
2 zoning designation will allow for similar land use patterns and will thus conserve the value
of buildings in the area. The applicant has not proposed future alteration or development on
the property. Any future development on the property will be subject to standards in the R-2
zoning district which will ensure the conservation of adjacent building values including but
not limited to standards set forth in the Unified Development Code for fire safety, setbacks,
buffers and building heights, which will help alleviate any potential negative impacts to the
values of adjacent buildings as a result of future development on the subject property.
Therefore, this criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for residential uses for
many years. The proposed R-2 zoning designation will encourage the most appropriate use of
land as the property is surrounded by lower density residential development, which is
consistent with the R-2 designation. Furthermore, the proposed R-2 zoning designation is
consistent with the Bozeman Community Plan’s future land use map designation of “Urban
Neighborhood.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
No. The R-2 designation already exists in the area, and properties are developed in
accordance with the R-2 district. Because this is simply a small expansion of less dense
residential district that is not substantially different in terms of allowed land uses in the
existing county R-S district (both allow single-detached housing), the land uses allowed on
the subject property are not significantly different than those that currently prevail in the
area. Therefore, staff finds that this criterion is not met.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with annexation of the
single 0.54 acre property. Although the City supports multiparty annexation applications,
landowner annexation of single properties are the most frequent annexations.
31
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 20 of 23
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
general public. As discussed above in the various review criteria above, no substantial negative
impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others. Development of the site in any manner will create additional demand
for services and change the character of the site as a large lot single home. A change to an
urban district does not inherently injure the surrounding landowners.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
32
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 21 of 23
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 Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on July 25 and August 1, 2021. The
site was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was or will be provided at least
15 and not more than 45 days prior to any public hearing.
As of the writing of this report on August 3, 2021, no written comments have been received
on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
1. URBAN NEIGHBORHOOD.
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation
indicates that development is expected to occur within municipal boundaries. This may
require annexation prior to development. Applying a zoning district to specific parcels sets
the required and allowed density. Higher density residential areas are encouraged to be, but
are not required or restricted to, proximity to commercial mixed use areas to facilitate the
provision of services and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-2, “Residential Moderate Density” in association
with the annexation of the property. According to Sec. 38.300.100(C) of the Unified
Development Code, “The intent of the R-2 residential moderate density district is to
33
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 22 of 23
provide for one- and two-household residential development at urban densities within the
city in areas that present few or no development constraints.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the
proposed zoning designation of R-2 correlates with the Growth Policy’s future land use
designation of “Urban Neighborhood”.
34
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 23 of 23
Authorized uses in Residential districts are detailed in section 38.310.030.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Kristal Jones & Brandon Green, 2103 Bridger Drive, Bozeman, MT 59715
Applicant: Kristal Jones & Brandon Green, 2103 Bridger Drive, Bozeman, MT 59715
Representative: Kristal Jones & Brandon Green, 2103 Bridger Drive, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
35
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
Legal Description:
Description of Project:
Current Zoning:
Gross Lot Area:
Block Frontage(s):
Number of Buildings:
Type and Number of Dwellings:
Building Size(s):
Building Height(s):
Number of Parking Spaces:
Affordable Housing (Y/N):
Cash-in-lieu Parkland (Y/N):
Departure/Deviation Request (Y/N):
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
Development Review Application Page 1 of 3 Revision Date: June 2020
SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban Renewal District: Downtown North 7th Avenue Northeast North Park None
VICINITY MAP
36
37
APPLICATION FEE
Varies by project type
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Development Review Application Page 3 of 3 Revision Date: June 2020
REQUIRED FORMS
Varies by project type
DEVELOPMENT REVIEW APPLICATION
Check all that apply FORM
1. Administrative Interpretation Appeal AIA
2. Administrative Project Decision Appeal APA
3. Annexation and Initial Zoning ANNX
4. Commercial/Nonresidential COA CCOA
5. Comprehensive Sign Plan CSP
6. Condominium Review CR
7. Conditional Use Permit CUP
8. Extension to Approved Plan EXT
9. Growth Policy Amendment GPA
10. Informal Review INF
11. Master Site Plan MSP
12. Modification/Plan Amendment MOD
13. Neighborhood/Residential COA NCOA
14. Pre-application Consultation None
15. PUD Concept Plan PUDC
FORM
16. PUD Preliminary Plan PUDP
17. PUD Final Plan PUDFP
18. Reasonable Accommodation RA
19. Site Plan SP
20. Special Use Permit SUP
21. Special Temporary Use Permit STUP
22. Subdivision Exemption SE
23. Subdivision Pre-Application PA
24. Subdivision Preliminary Plan PP
25. Subdivision Final Plat FP
26. Wetland Review WR
27. Zone Map Amendment ZMA
28. Zone Text Amendment ZTA
29. Zoning/Subdivision Variance Z/SVAR
30. Zoning Deviation/Departure None
31. Other:
APPLICATION TYPE
38
39
40
Zone Map Amendment Project Narrative for 2103 Bridger Drive
We are initiating annexation into the city of Bozeman, and requesting R2 zoning for our current
parcel. Our interest in R-2 zoning is twofold: First, the property currently includes a detached
single-family home with a garage ADU (approx. 500 sq ft, one bedroom). We would like the
option to rent both the primary dwelling and the ADU in the event that our family has to leave
Bozeman for other family or professional obligations. Second, we would like the option in the
future to build a second dwelling, or possibly subdivide our current property and build two
dwelling units on what would become an lot with no existing structures. This option could not be
exercised until the current alley behind our property becomes a city street, which will require at
least our immediate neighbors, and possibly the entire Bridger Drive neighborhood, to also
complete annexation. At that point, infill and increased density will be an option for everyone,
and we feel that R-2 zoning would allow us and our neighbors to contribute new dwelling units
in a way that would be consistent with several growth goals (see below for more details).
Overall, we would like to underscore that our request for R-2 zoning reflects our interest in both
annexing and in contributing to increasing housing options in the Bozeman area. We see our
property and our neighborhood, as well as those surrounding us, as an appropriate place to
slightly increase density without majorly impacting any existing property owners.
Detailed responses:
a. On the Community Plan Future Land-use Map, our entire area is designated as urban
neighborhood. In the Growth Policy, these are described as including a variety of “types, shapes,
sizes, and intensities” of housing. Our request for R-2 zoning on our property as we pursue
annexation reflects the goal of increasing diversity of housing types along with increasing overall
density, both of which feature prominently in the Growth Policy. The most specifically relevant
objectives to which R-2 zoning can contribute include N-1.1 (promote housing diversity), N-1.3
(lessen areas exclusively zoned for single-type housing), N-1.4 (promote development of ADUs)
and N-1.11 (gradual and predictable increase in density over time).
b. R-2 zoning will maintain safety from fire and other dangers because any future structures
enabled as a result of the new zoning will be built within the boundaries of existing large
neighborhoods (not on the urban-wildland interface, thus minimizing wildfire list) and well
outside of any current and proposed-to-be-changed floodplains.
c. The requested R-2 zoning will promote public health, safety and welfare by ensuring that no
new dwellings are built on the property without these dwellings having direct street access. The
current detached primary dwelling and garage ADU have access from a state highway, and any
future building will not occur until the alley currently bordering the north side of the property
becomes a full city street. Thus there is no chance that additional dwelling units could be built
and have only alley access, which can be a limiting factor for public safety services.
d. With the requested R-2 zoning now and a possible subdivision of the lot in the future, at most
there could be two new full-sized dwelling units built. Given the constraints of the lot width and
overall size, however, the total square footage of the new dwelling units could be no more than
4800 sq ft. With these limitations, the impacts of R-2 zoning on the schools, transportation
networks and parks would be fairly negligible as compared to R-1 zoning (two or three more
possible children, one more household’s car trips per day). As best we can tell, water and sewer
41
infrastructure was put in place in the Legends neighborhood with the goal of annexation and
hook-up by the Bridger Drive neighborhood, and with the knowledge that lots sizes are large
enough that additional dwelling units would likely be built. A requirement of annexation will be
to deed a suitable width of our property to the city, to facilitate expansion of the current alley
into a full city street (on the north side of our property). Because no new structure could be built
on our property until there is a city street from which to provide access, adequate transportation
infrastructure will co-evolve with any possible additional dwellings.
e. There is no demonstrable difference in light and air provision between R-1 and R-2 zoning,
and any lighting requirements for dwellings that do or will exist will be equally applied to all
dwellings.
f. The requested R-2 zoning itself does not impact motorized or non-motorized transportation
systems. However, annexation and the deeding of a portion of our property to the city of
Bozeman to expand an alley into a city street will improve traffic flow and public safety of both
the Legends and any future dwellings added to the Bridger Drive neighborhood.
g. We believe that the requested R-2 zoning does promote urban growth compatible with the
surrounding neighborhoods by striking a balance of slightly increasing density while not opening
the door to possible dwelling types that are wholly different from the current neighborhoods.
h. The requested R-2 zoning is slightly more dense than the surrounding areas of the city, which
are zoned R-1. However, the character of the surrounding subdivisions is distinct from that of the
Bridger Drive neighborhood, where many people use the back half of their large lots for
outbuildings, long-term parking of recreational vehicles, and non-permanent structures like
teepees, geodesic domes and tiny houses. Although permanent dwellings are different in some
ways from these other uses, the main point is that the current character of this neighborhood is to
treat the north half of the lots as somewhat distinct from the front half, where all of the primary
dwellings sit. The characters of the Legends neighborhood immediately adjacent to our property
is large, single-family homes on small lots. Given the size of our overall property, even with R-2
zoning it is likely that there would be more open space on our lot or lots than that of many
houses in the surrounding neighborhood. Finally, R-2 zoning comes will of the same height and
set-back restrictions of R-1 zoning.
i. We believe that given the emphasis within the city of Bozeman and the broader Gallatin
County community to prioritize increasing diverse housing options, our request for R-2 zoning
will maximize the specific characteristics of our property that make it suitable for potentially two
new dwellings. Those characteristics include adequate size well beyond what is necessary for
building two dwelling units and its position surrounded by existing neighborhoods that make it a
prime candidate on which to conduct infill.
j. We believe that requesting R-1 versus R-2 zoning would have no direct effect on the value of
the existing dwelling. The lot size is large enough that constructing a second dwelling on the
existing lot, or subdividing and constructing two units on the undeveloped north lot would not
disrupt or negatively impact the value of either the existing dwelling on our property nor those
surrounding us.
42
k. The current Growth Policy categorizes the Bridger Drive neighborhood and the surrounding
areas as urban neighborhood, and R-2 zoning will facilitate appropriate use of land by
encouraging a diversity of housing types, increasing density, and supporting infill. These are all
priorities of the Growth Policy and many other city plans, and seem to be very appropriate uses
of land within the Bridger Drive neighborhood.
43
i-· I
I i
N 89°55'16" E 75.00'
,---------fs�-----�------,-·-·---·-·--· -------------®--
17
� (J) ,..__ � N s � :,N
en
I i
EXISTING S
!
ED
\
' [D EXISTING
i
TREE
\ ! 0
16
0 _, 0
(')
I 22'-0"
2103 BRIDGER DRIVE
, I
I
i I . !
]/ J' /'
�// /\..�-/
121-011
,,
�
s � :,N
en
9'-6"
EXISTING GARAGE
EXISTING PARKING
--
10'-0" I
w ;:,: ct: 0
z j:: � X w
2105 BRIDGER DRIVE I ;' i \ i
i i ii j . / i ", / i -----i ,/._ 6>> i ,·.9o,·--... i '1' I '
i �-
I
�
(
THE PURPOSE OF THIS SUBMISSION IS TO REQUEST A VARIANCE FROM THE CURRENT GALLATIN COUNTY PROPERTY LINE OFFSET OF 25' FOR THE PROJECT OUTLINED BELOW AND IN THE SITE PLAN.
I
THE PROJECT IS TO CONSIST OF AN ADDITION TO THE EXISTING STRUCTURE (HOUSE) LOCATED AT 2103 BRIDGER DRIVE. THE ADDITION WILL PROVIDE: ADDITIONAL LIVING SPACE, HOME OFFICE SPACE, A BATHROOM, STORAGE, AS WELL AS ENCLOSED PARKING (GARAGE) FOR A SINGLE CAR.
IN THIS CASE, A LITERAL INTERPRETATION OF THE CURRENT ZONING REGULATION PROVIDES FOR AN UNNECESSARY HARDSHIP IN THAT IT DISQUALIFYS 2/3 OF THIS RESIDENTIAL HOLDING (LOTS 14, 15 & 16) FROM FUTURE DEVELOPMENT (FOR THE PURPOSE OF FUTURE DISCUSSION LOTS 14, 15 & 16 WILL BE REFERED TO COLLECTIVELY AS ''THE LOT").
THE LOT IS RECTANGULAR IN SHAPE AND MEASURES 75' IN WIDTH AND APPROXIMATELY 321.7' IN DEPTH, ITS SQUARE FOOTAGE IS APPROXIMATELY 24,134.3 SF OR 0.55 ACRES. UNDER THE CURRENT ZONING REGULATION, 25' OFFSETS FROM THE PROPERTY LINES PROVIDE FOR A BUILDING ENVELOPE 25' IN WIDTH AND 271.7' IN DEPTH AT 6,792.5 SF OR APPROXIMATELY 28% OF THE ORIGINAL LOT, A MORE THAN SUBSTANTIAL REDUCTION WHICH GREATLY AFFECTS THE POSSIBILITY OF ANY FUTURE IMPROVEMENT ON THE LOT WITHOUT SOME RELIEF FROM THE REGULATION.
WHEN THE SUBDIVISION WAS CREATED, THE REGULATION IN EFFECT WAS A 10' OFFSET, AS ILLUSTRATED BY THE SITINGOF THE HOMES AND ACCESSORY BUILDINGS WITHIN THE SUBDIVISION, SPECIF/CALLY, 2103 BRIDGER DRIVE AND 2105 BRIDGER DRIVE (PLEASE REFER TO THE SITE PLAN).
ADDITIONALLY, AS THE SUBDIVISION IS BECOMING LAND LOCKED BY CITY OF BOZEMAN LAND, THERE IS A DISTINCT POSSIBLY THAT THE SUBDIVISION WITH ALSO BE ANNEXED IN THE NEAR FUTURE AND THE SIDE YARD OFFSETS WOULD REVERT TO THE CITY STANDARD OF 5'.
RELATIVE TO OTHER PROPERTY OWNERS IN THIS SUBDIVISION, THE REQUEST FOR VARIANCE FROM THE CURRENT REGULATION IS NOT OUT OF LINE. THERE ARE MANY EXAMPLES OF EXISTING HOMES AND OUT-BUILDINGS WHICH ARE AT OR WITHIN 10' OF THEIR RESPECTIVE PROPERTY LINES. MORE SPECIFICALLY, THE NEIGHBOR/NG PROPERTY LOCATED ON LOTS 11, 12 & 13, DEMONSTRATES A HOUSE THAT IS 10' FROM THE PRO'PIERTY LINE AS WELL AS A GARAGE THAT IS LOCATED 9.5' FROM THE COMMON BOUNDARY. HOWEVER THIS PROJECT'S INTENT IS NOT TO VIOLATE THE REGULATION BECAUSE OF EXISTING CONDITIONS WITHIN THE SUBDIVISION, BUT TO PROVIDE A VIABLE OPTION FOR ADDITION TO THE EXISTING DWELLING IN AN FUNCTIONAL AND AESTHETICALLY PLEASING MANNER.
WITH RESPECT TO THE TO THE NEIGHBORING PROPERTY PREVIOUSLY MENTIONS AND ILLUSTRATED BY THE SITEPLAN, THE LAND OWER OF THE LOT IS ONLY REQUESTING THAT SHE BE ALLOWED TO USE HER PROPERTY IN A SIMILAR MANNER, I.E., THE CONSTRUCTIONOF A SMALL DRIVE TO, IN THIS CASE, AN ATTACHED GARAGE (PLEASE REFER TO THE SITE PLAN).
AS PREVIOUSLY STATED THE SUBDIVISION WAS BUil T-OUT UNDER THE 1 O' RULE, AS A RESULT THERE ARE MANY EXAMPLES OF HOMES AND OUT-BUILDINGS THAT ARE SITUATED INSIDE OF THE 25' OFFSET ZONE, THEREFORE THIS REQUEST IS NOT CONFER/NG ANY SPECIAL PRIVILEGES TO THIS LAND OWNER THAT ARE NOT ALREADY BEING ENJOYED BY THE OWNERS OF NEIGHBORING PROPERTIES.
THE VARIANCE WILL BE FOR A PROJECT THAT IS RESIDENTIAL IN NATURE WHICH DOES NOT VIOLATE THE CURRENT R-S ZONING.
THE CHARACTER OF THE PROJECT IS SUCH THAT IT WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES, THE PROJECT WILL UP-GRADE THE VALUE OF THE SUBJECT PROPERTY FINANCIALLY AS WELL AS AESTHETICALLY, IN THEORY, UPGRADING THE VALUE OF
NEIGHBORING PROPERTIES.
THE ADDITION IS BASED AROUND THE EXISTING DWELLING'S DOOR AND WINDOW LOCATION, THE EXISTING MATURE LANDSCAPING, THE NEED FOR A GARAGE THAT IS CURRENT TO THE SIZE OF TODAYS AUTOMOBILES AND A WISH TO MINIMIZE ITS IMPACT ON NEIGHBORING PROPERTIES. BY TAKING THESE ITEMS INTO ACCOUNT, THE REQUEST FOR A 13' VARIANCE IS THE MINIMUM THAT WILL ALLEVIATE THE HARDSHIP.
RELATIVE TO THIS SUBDIVISION, THE CURRENT ZONING REGULATION AND THE MASTER PLAN, THIS PROJECT IS VIABLE IN SPIRIT AND INTENT.THE PROJECT IS PURELY RESIDENTIAL, IT IS IN LINE WITH PAST BUILDING TRENDS WITHIN THE SUBDIVISION AND IT WILL NOT SERVE AS A PRECEDENT FOR CHANGES WITHIN OR A CHALLEGE TO THE CURRENT ZONING REGULATION OR MASTER PLAN.
ADDITIONALLY, ALLOWING THE LAND OWNER THIS VAR/ENCE DOES NOT POSE ANY DETRIMENT TO THE PUBLIC'S HEAL TH, SAFETY AND WELFARE OR INTEREST, IT DOES, HOWEVER CONSERVE HER RIGHT TO PROCEED IN THE DEVELOPMENT OF HER PROPERTY WITHOUT SUBSTATIAL IMPACT ON HER NEIGHBOR'S AND IN A MANNER WHICH THEY THEMSELVES HAVE ENJOYED. IITE DESCRIPTION
. LOTS 14, 15 & 16, ED VOGEL SUBDIVISION #1, ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, AND LOCATED IN THE SW 1/4 AND THE SE 1/4 OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF P.M.M ..
i..._, ____________ _ I �i 15 14 I :1 ! .. ��-----���----:: ______ _
S1
1 OF 1
S 89°56'3" E 75.00'EXISTING "SHARED" ACCESS
0
' � N
BRIDGER DRIVE (PUBLIC RIGHT OF WAY)
__ ,,_______ --------------
-----------------·-----�----------------------------------
HIGH PLA INS ARCHITECTURAL DESIGN 9062 HAGGERTY LANE BOZEMAN, MT 59715 406 586-1514
-·---�---------------· -------------·-----
-------
0' 0
(')
NEW CONSTRUCTION BUILDING HEIGHT - NOT TO SCALE -NEW CONSTRUCTION IN 2005
0 25 I SCALE IN FEET -------
50
-----------
100
=i �
--------LES JON��B��R�:; ----�----·--·--PRELIMINARY SITE PLAN. MODEL ELATION, NOTES -----·----· ------------------�-----------------------------�-------·----------·---------------------------·. -------BOZEMAN, MT 59715 \ OWNER OF RECORD: HILTON AND LORRAINE JONES I
---· ----------- --- ------------------,, _________----
---·----------------·-------JUNE 28, 2005 0
Existing zoning: Gallatin County RS
Requested zoning: City of
Bozeman R-2
Current covenants: Covenant on file with
Gallatin County Clerk and Recorder requiring lots 14-16 to be conveyedtogether as long as the non-
conforming structureremains
Lot area: 0.54 acres or
23,522 sq ft
Existing zoning:
Gallatin County RS
Existing zoning:
Gallatin
County RS
Existing zoning: Legends Neighborhood City of Bozeman R-1
City of Bozeman unnamed alley
NW corner: 45.7036542, -111.00754 NE corner: 45.7036533, -111.0072575
SE corner: 45.702779, -111.0072162SW corner: 45.7027836, -111.0072967
44
2103
Bridger Drive
Lots 14-16
45
Miles
0.1 1,594
This product is for informational purposes and may not have been prepared for, or be suitable for legal,engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information. Feet
1860
Legend
93
Location
186
03/21/2021
Created By:
Created For:
Date:
Water and sewer mains and zoning surrounding
2103 Bridger Drive
Abandoned Mains
Force Mains
Gravity Mains
Mains
Active
Abandoned
Street Names
2103 Bridger DriveLots 14-16
46
1
Annexation Application Project Narrative for 2013 Bridger Drive
We are requesting a Part 46 annexation by petition of our property, located at 2103 Bridger
Drive, legal description Ed Vogel Sub 1, S32, T01 S, R06 E, Lot 14-16, Plat E-47. Our request
for annexation meets the City of Bozeman’s goals and policies in the following ways:
Goals
1 and 2. The property in question is surrounded on two sides by property within the City of
Bozeman limits, and as a neighborhood, we are wholly surrounded by property within the City of
Bozeman limits.
3. The property in question is currently a part of the Story Mill Fire District, which contracts
with the City of Bozeman for Fire Services Protection.
4. Not applicable as no new development is proposed.
5. The Ed Vogel subdivision is characterized as an urban neighborhood on the future land use
map of the Bozeman Growth Policy (finalized in 2020).
6. We have tried for more than a year to organize our neighbors to annex as a neighborhood,
which would remove the possibility of a patchwork of annexed and unannexed land. Not
everyone is interested at this time, and while the city will likely compel all of us to annex at
some point, our septic system can’t wait that long.
7. No applicable as no part of the annexation will currently affect traffic patterns. However, the
annexation of all parcels in the Ed Vogel subdivision will eventually allow for the alley in the
Legends subdivision to become a city street, which will enhance traffic flow in that
neighborhood.
8. Our individual lot size (three subdivision lots conveyed together with covenants to forbid
separation) is 0.556 acres. Although smaller than the preferred size, this is the totality of the lot
we own and that requires connection to sewer and water.
9. The property conveys only with a default water right to our individual well.
10. We are requesting connection to city water and sewer as part of the annexation application,
which will contribute to overall water quality by eliminating an old septic system.
Policies
1. In our final application we will include a dedication of all easements as requested by the City
of Bozeman engineering department. We will also waive our right to special improvement
districts.
2. Per the included Zone Map Amendment application included here, we are requesting R-2
zoning in order to balance the character of the current area with the City of Bozeman growth
policy priority of facilitating appropriate density.
3. No Growth Policy Amendment is necessary to accommodate the anticipated uses, which are
strictly residential.
4. We are requesting R-2 zoning and will provide any additional justification requested by the
City Zoning Commission.
47
2
5. We are requesting R-2 zoning status.
6. We have paid all required fees.
7. No access road to the property is unpaved.
8. Our current water right (41H 81196 00) consists of 2.08 acre-feet for domestic and lawn use.
We will convey at least the 1.00 acre-foot for domestic use to the City of Bozeman. If we are
permitted to maintain our well for lawn use, we will retain the 1.08 acre-feet for lawn use only.
9. We believe that the health, safety and welfare of the public will not be negatively impacted by
the proposed annexation, as no changes or increases to traffic flow will be possible and fire
services are already being provided by the City of Bozeman. If in the future the alley on the
north boundary of the property becomes a city street, allowing for the lot to be subdivided, public
health, safety and welfare will not be negatively impacted by possible development on the
second lot, as the street will be adequate to meet increased traffic demand.
10. No city services are currently being provided to the property in question and city services
will be requested upon annexation. There is currently no emergency.
11. I have spoken with the Community Development Manager and believe that the mapping on
file that was done for the Legends subdivision (northern boundary of the property in question),
Highway 86 (southern boundary), and the Ed Vogel subdivision platting (east and west
boundaries) are sufficient.
12. I will confirm that there is not need for additional mapping.
13. We will pay all assessed impact fees.
14. We will comply with all noticing requirements.
15. We will execute and return the annexation agreement to the City of Bozeman within 60 days
of receipt.
16. This is a Part 46 annexation by petition of landowners.
17. There is no road improvement district to which the property owners contribute.
18. Thank you.
19. We will decommission our septic system and disconnect the well from the any structure upon
completion of connection to City services. We will then contact the City Water and Sewer
Superintendent to confirm the disconnects.
48
Memorandum
REPORT TO:Zoning Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:The West Babcock Properties Zone Map Amendment to rezone 3.4 acres
from B-2 to B-2M for Properties Addressed at 102 South 19th Avenue and
1716, 1736, and 1804 West Babcock Street, Application 21192.
MEETING DATE:August 9, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21192 and move to recommend
approve the West Babcock 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:The owner and applicant, 414 Holdings, LLC submitted an application to
rezone 7 parcels totaling 3.40 acres from B-2 to B-2M. The subject properties
host the Langor’s Flowerland building on the southeast corner of 19th and
Babcock Street, a parking lot with an associated accessory building, and an
undeveloped lot.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
21192 19th & Bab ZMA ZC Staff Report.pdf
A1 - 19th and Babcock Rezoning 2021-05-06.pdf
49
EXHIBIT A - VICINITY MAP 2021-5-11.pdf
EXHIBIT C - FUTURE LAND USE MAP 2021-5-11.pdf
EXHIBIT D - PROPOSED ZONING 2021-5-11.pdf
EXHIBIT B - EXISTING ZONING 2021-5-11.pdf
ZMA Narrative 05-05-2021.pdf
Exhibit 2 - Zone Map Amendment (8.5 x 11) 05-21-2021.pdf
Report compiled on: August 5, 2021
50
Page 1 of 34
21192, Staff Report for the West Babcock Properties Zone Map Amendment
Public Hearing Date:
Zoning Commission public hearing will be held on August 9, 2021 at 6:00 pm.
City Commission public hearing will be held on August 24, 2021 at 6:00 pm.
Project Description: West Babcock Properties zone map amendment requesting
amendment of the City Zoning Map for an existing lot consisting of approximately
3.4 acres and the accompanying adjacent right-of way from B-2 (Community
Business District) to B-2M (Community Business District-Mixed).
Project Location: The property is located on the southeast corner of 19th Avenue and
Babcock Street, more thoroughly described as Tracks A, B, & C, COS 1193, Doc
#2155019, Parcel I & II described in Doc #2480780, and parcel described in Doc
#25226375, located in Southeast One-Quarter of Section 12, Township Two South
(T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21192 and
move to recommend approval of the West Babcock Properties Zone Map
Amendment, with contingencies required to complete the application processing.
Report Date: August 3, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner and applicant, 414 Holdings, LLC submitted an application to rezone 7 parcels
totaling 3.40 acres from B-2 to B-2M.
The subject properties host the Langor’s Flowerland building on the southeast corner of 19th
and Babcock Street, a parking lot with an associated accessory building, and an undeveloped
lot. A similar application was reviewed and approved one parcel to the east on Babcock
Street. This previous application rezoned property from R-O (Residential Office) and B-2
(Community Commercial) to B-2M and gained approval to construct two mixed-use
51
21192, Staff Report for the West Babcock Properties ZMA Page 2 of 34
buildings hosting commercial shell space, parking, and storage on the ground floor and 94
residential units on the upper four floors.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in
B-2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor without a
Conditional Use Permit in the B-2M zone. And finally, parking requirement in the B-2M are
reduced up to a 75 percent for residential use and 50 percent for commercial uses.
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
52
21192, Staff Report for the West Babcock Properties ZMA Page 3 of 34
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 20
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 34
FISCAL EFFECTS ................................................................................................................. 34
ATTACHMENTS ................................................................................................................... 34
53
Page 4 of 34
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map (2021 image)
54
21192, Staff Report for the West Babcock Properties ZMA Page 5 of 34
Figure 2: Current Zoning Map (2021 image)
B-2
B-2
R-O
R-O
R-5 R-3 R-3
B-2M
Subject
properties
55
21192, Staff Report for the West Babcock Properties ZMA Page 6 of 34
Figure 3: Future Land Use Designations (2021 image)
Urban
Neighborhood
Community Commercial
Mixed-Use
Subject
properties
56
21192, Staff Report for the West Babcock Properties ZMA Page 7 of 34
Figure 4: Current Land Use (2021 image)
Subject
properties
57
Page 8 of 34
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of B-2M shall be identified as the “2021 West Babcock Properties Zone Map
Amendment”.
2. The applicant must submit a zone amendment map, titled “West Babcock Properties
Zone Map Amendment”, , acceptable to the Director of Public Works, as a PDF which
will be utilized in the preparation of the Ordinance to officially amend the City of
Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent rights-of-way, and total acreage
of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on July 14, 2021. 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 zone map amendment on August
9, 2021 and will forward its recommendation to the City Commission on the zone map
amendment. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on August 24,
2021. The hearing will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at
6 p.m.
58
21192, Staff Report for the West Babcock Properties ZMA Page 9 of 34
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for
Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304
MCA are applied locally. Application of the criteria varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a
zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
59
21192, Staff Report for the West Babcock Properties ZMA Page 10 of 34
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the annexed area of the City and where there is
anticipated redevelopment within the City as discussed below. As shown on the maps in
Section 1, on the excerpt of the current future land use map, the property is designated as
Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation
description 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 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
60
21192, Staff Report for the West Babcock Properties ZMA Page 11 of 34
Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, even within already
developed areas. IThis policy approach does not specify any individual district but does lean
towards the more intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “… The area to be rezoned includes extensive frontage along West Babcock Street, a
collector. The land use pattern that can be created on such an ideally served parcel would be
able to support a wide range of uses. These include restaurants, retail, offices, mixed-use
development, and residential units at higher densities, all within existing Bozeman service
61
21192, Staff Report for the West Babcock Properties ZMA Page 12 of 34
boundaries and developed in close proximity to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile.
This mix of development at densities appropriate for a growing urban area is therefore
grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through
this application fosters flexibility to address both current market trends and long term land
use goals for the subject property. The Community Plan includes several goals and
objectives that are broadly served through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
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.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
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.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
No conflicts with the Growth Policy have been identified.
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. The change from B-2 to B-2M is not likely to adversely impact safety from fire and
other dangers.
62
21192, Staff Report for the West Babcock Properties ZMA Page 13 of 34
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 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 4,
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 subject properties are 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.
63
21192, Staff Report for the West Babcock Properties ZMA Page 14 of 34
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.”
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 B-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, 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.
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.
Criterion met. The subject properties have not undergone subdivision review and are relics
without full transportation network such as sidewalks, bike lanes, stormwater facilities, and
similar infrastructure. Additionally, potential future development within a zoning district of
B-2M will likely affect the City’s motorized and non-motorized transportation system with
increased traffic. Future development may require a Traffic Impact Study to identify the
extent of increased traffic volumes and specify required infrastructure improvements to serve
the development.
However, the site is nestled in a robust existing transportation network. According to the
Bozeman Transportation Master Plan, 2017 West Babcock is a designated Collector street,
South 19th is a designated Principal Arterial street, and to the west south 15th Street is also a
Collector street. The City’s current capital improvement program lists expansion of West
64
21192, Staff Report for the West Babcock Properties ZMA Page 15 of 34
Babcock Street as projects SIF118 and SIF149 which will create additional capacity in
support of future development. Future development and redevelopment 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, which will improve the overall transportation system. These
improvements include provisions for non-motorized transportation systems. The change in
zoning district will have minimal effect on required road improvements, pedestrian or bicycle
facilities, or similar compliance with standards.
The site has a Walk Score of 81, a Transit score of 21, and Bike Score of 81. Average walk
score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a
private organization which presents information on real estate and transportation through
walkscore.com. The algorithm which produces these numbers is proprietary. A score is not
an indication of safety or continuity of services or routes. Scores are influenced by proximity
of housing, transit, and services and expected ability, as determined by the algorithm, to meet
basic needs without using a car. Sites located on the edge of the communityhave lower scores
than those in the center of the community as the area is still under development and therefore
diversity of uses is less than in fully established areas. There are no adopted development
standards relating to the walk score.
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 Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The 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.
The applicant provides additional support by stating, “The designation this site as B-2M
offers additional design flexibility to and will offer future development to unfold compatible
with development adjacent to the existing zones. The flexibility offered by B-2M zoning will
allow the site to respond to and meet the demands of the surrounding neighborhoods,
providing complimentary retail, commercial uses, offices, and restaurants to serve the needs
65
21192, Staff Report for the West Babcock Properties ZMA Page 16 of 34
of the community of Central Bozeman. All future design and construction will be compatible
with the UDC site and design standards, further ensuring compatibility for this site.”
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. 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. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
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
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial building, parking
area with garage and a vacant lot. Adjacent uses are a car dealership, mixed use building
primarily residential use currently being constructed to the east on Babcock Street (West
Babcock Mixed Use, Application 19-061), gas station with Cosmic Pizza, and additional
residential uses. See Figure 4: Current Land Uses. 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.
66
21192, Staff Report for the West Babcock Properties ZMA Page 17 of 34
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. The proposed B-
2M districts would provide for a more intensive development than the existing B-2 zoning
generally allows.
The property is bounded by B-2 zoning on the north, Residential Office to the west, R-3
residential zoning to the south, and other B-2M further to the east on Babcock Street. The B-
2 and R-O districts allows a variety of sues while the R-3 is more restrictive focusing on
residential uses with moderate density. The site includes redevelopment and infill
opportunities. The proposed B-2M district 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 south. Final determination of suitability will occur during the site development
process.
J. Conserving the value of buildings.
Criterion met. The site has an existing commercial building, parking area with garage and a
vacant lot. B-2M zoning will allow for new and diverse development patterns on the subject
parcel that compliment development on adjacent sites. Future development must comply with
the Bozeman Unified Development Code which will ensure an appropriate scale and
intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
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 B-2M district, 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 district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 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 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.
Similarly, as stated by the applicant, “The new zoning will allow for higher residential and
commercial densities to be constructed on an infill site in a growing area of Bozeman. The
City is in need of additional housing and retail/commercial services in proximity to
established neighborhoods to accommodate demand and meet additional community needs.
67
21192, Staff Report for the West Babcock Properties ZMA Page 18 of 34
The Community Plan is also supportive of the appropriateness of the possible uses of the
lands encompassed in the ZMA, as has been described in the response to Criteria A (above).
The B-2M zoning offers an opportunity to create neighborhood scale commercial
development adjacent to a critical transit corridor and established residential neighborhoods,
while providing for additional site design flexibility (i.e. lower parking requirements).”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of
County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have
uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’
The differences between B-2 and B-2M are small and not significant. Allowed uses
are identical although their integration into a single building does vary. As noted
above, parking requirements are considerably less in the B-2M district that the B-2
district. As a result, the proposed B-2M zoning designation would not result in
primary uses of the site which are significantly different from prevailing land uses in
the area. Finally, adjacent properties underwent a similar request and was found to be
compliant with adopted plans and met the review criteria for rezoning to B-2M.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the B-2M
zoning designation is an implementing district to the commercial land use designation
and may be utilized by any other property owners who wish to employ the B-2M
district to their respective property. In addition, there is no difference in permitted
uses between a B-2 and B-2M district. As noted in the applicant response to this
criterion, the proposed change will not inhibit potential development on adjacent
properties.
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?
68
21192, Staff Report for the West Babcock Properties ZMA Page 19 of 34
No. No substantial negative impacts to the surrounding landowners or the general
public have been identified due to this amendment. While the number of landowners
who will directly benefit from the proposed zone map amendment is small (one), the
proposed amendment is not at the expense of surrounding landowners or the general
public. As discussed above in the various review criteria, no substantial negative
impacts have been identified due to this amendment. The proposed B-2M zoning
designation will allow for a variety of uses conducive to the Regional Commercial
land use designation.
Further, as discussed in Criterion A, the application is consistent both the City’s and
the County’s growth policy. The growth policy is the overall land use policy for the
community. Consistency with the growth policy demonstrates benefit to the general
public. As discussed under Criterion D, the City’s development standards will require
the applicant to provide the needed infrastructure to support any proposed
development prior to construction of homes. Concurrency and adequacy of
infrastructure remove most potential injury to others.
As discussed in Criterion H, the application is similar and consistent with the existing
and developing character of the area. Therefore, the amendment does not benefit the
landowner at the expense of others. Development of the site in any manner will create
additional demand for services and change the character of the site as a large lot single
home. A change to an urban district does not inherently injure the surrounding
landowners.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address and legal description of the
69
21192, Staff Report for the West Babcock Properties ZMA Page 20 of 34
property), 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
A zone map amendment requesting amendment of the City Zoning Map for an existing
lots consisting of approximately 3.40 acres and the accompanying adjacent right-of way
from B-2 (Community Business District) to B-2M (Community Business District-
Mixed).
The subject property was created by COS and deeds and have not undergone subdivision
review. The subject properties host the Langor’s Flowerland building on the southeast corner
of 19th and Babcock Street, a parking lot with an associated accessory building, and an
undeveloped lot. A similar application was reviewed and approved one parcel to the east on
Babcock Street. This application rezoned property from R-O (Residential Office) and B-2
(Community Commercial) to B-2M and gained approval to construct two mixed-use
buildings hosting commercial shell space, parking, and storage on the ground floor and 94
residential units on the upper four floors.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle
on July 25 and August 1, 2021. The Zoning Commission hearing is scheduled for August 9,
2021 and the City Commission public hearing is scheduled for August 24, 2021.
There have been no comments as of the date this report was written.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within
this land use category are the basic employment and services necessary for a vibrant
70
21192, Staff Report for the West Babcock Properties ZMA Page 21 of 34
community. Establishments located within these categories draw from the community as a
whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation. In the “center-based” land use pattern,
Community Commercial Mixed Use areas are integrated with significant transportation
corridors, including transit and non-automotive routes, to facilitate efficient travel
opportunities. The density of development is expected to be higher than currently seen in
most commercial areas in Bozeman and should include multi-story buildings…High density
residential areas are expected in close proximity. Including residential units on sites within
this category, typically on upper floors, will facilitate the provision of services and
opportunities to persons without requiring the use of an automobile… Mixed use areas
should be developed in an integrated, pedestrian friendly manner and should not be overly
dominated by any single land use. Higher intensity employment and residential uses are
encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the
proposed zoning designation of B-2M correlates with the Growth Policy’s future land use
designation of “Community Commercial Mixed Use”.
71
21192, Staff Report for the West Babcock Properties ZMA Page 22 of 34
72
21192, Staff Report for the West Babcock Properties ZMA Page 23 of 34
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “…to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. This district provides for a range of
commercial uses that serve both the immediate area and the broader trade area and encourages
the integration of multi-household residential as a secondary use. Design standards emphasizing
pedestrian oriented design are important elements of this district. Use of this zone is appropriate
for arterial corridors, commercial nodes and/or areas served by transit”.
Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
73
21192, Staff Report for the West Babcock Properties ZMA Page 24 of 34
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
74
21192, Staff Report for the West Babcock Properties ZMA Page 25 of 34
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Zoning Districts
75
21192, Staff Report for the West Babcock Properties ZMA Page 26 of 34
Uses
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
76
21192, Staff Report for the West Babcock Properties ZMA Page 27 of 34
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Zoning Districts
77
21192, Staff Report for the West Babcock Properties ZMA Page 28 of 34
Uses
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
78
21192, Staff Report for the West Babcock Properties ZMA Page 29 of 34
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
79
21192, Staff Report for the West Babcock Properties ZMA Page 30 of 34
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
80
21192, Staff Report for the West Babcock Properties ZMA Page 31 of 34
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
81
21192, Staff Report for the West Babcock Properties ZMA Page 32 of 34
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high schools
and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
82
21192, Staff Report for the West Babcock Properties ZMA Page 33 of 34
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
83
21192, Staff Report for the West Babcock Properties ZMA Page 34 of 34
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: 414 Holdings, LLC, 1811 West Koch Street, Bozeman, MT 59715
Applicant: 414 Holdings, LLC, 1811 West Koch Street, Bozeman, MT 59715
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
West Babcock Properties Zone Map Amendment application materials.
Application materials
84
19th & Babcock Rezoning
Zone Map Amendment
102 South 19th & 1804, 1736 & 1716 West Babcock
Zone Map Amendment from B-2 to B-2M
B-2
3.13 AC
Multiple
Mixed
2
NA
NA
NA
NA
NA
NA
NA
X
X
85
414 Holdings, LLC
1811 West Koch Street, Bozeman Montana 59715
cjames@huntable.com
406-646-6789
414 Holdings, LLC
1811 West Koch Street, Bozeman Montana 59715
cjames@huntable.com
406-646-6789
Intrinsik Architecture (Attn: Ryan Krueger)
111 North Tracy Avenue, Bozeman Montana 59715
rkrueger@Intrinsikarchitecture.com
406-582-8988
414 Holdings, LLC (Christian James)
414 Holdings, LLC (Christian James)
Ryan Krueger
86
X
87
414 Holdings, LLC (Christian James)
88
414 Holdings, LLC (Christian James)
89
N
19th & Babcock Rezoning
90
N
19th & Babcock Rezoning
91
N
92
N
19th & Babcock Rezoning
93
19th & Babcock Rezoning Zone Map Amendment
May 2021
94
2 May 2021
ZMA: 19th & Babcock
Table of Contents
1. Application Information
2. Project Team
3. Narrative
I. Project Overview
II. Response to Zone Map Amendment Approval Criteria
III. Response to Spot Zoning Criteria
Appendices
Appendix A: Legal Description
Appendix B: Exhibits
Exhibit A: Vicinity Map
Exhibit B: Current Zoning Map
Exhibit C: Future Land Use Map
Exhibit D: Requested Zoning
Plans
Civil
Exhibit 1: Zone Map Amendment (24 x 36)
Exhibit 2: Zone Map Amendment (8.5 x 11)
95
3 May 2021
ZMA: 19th & Babcock
1. Application Information
Included with this submittal are the A1, ZMA, and N1 forms for the requested Zone
Map Amendment (ZMA) application. The calculated fee totals is outlined below.
COMPONENT FEE QUANTITY TOTAL
ZMA Base Fee $2,049.00 1 $2,049.00
Scaled Fee per Acre $58 3.13 $181.54
TOTAL $ 2,230.54
96
4 May 2021
ZMA: 19th & Babcock
2. Project Team
APPLICANT 414 Holdings, LLC
Attn: Christian James
cjames@huntable.com
1811 West Koch Street
Bozeman, MT 59715
p. 406.646.6789
REPRESENTITIVE 414 Holdings, LLC
Attn: Christian James
cjames@huntable.com
1811 West Koch Street
Bozeman, MT 59715
p. 406.646.6789
PROJECT CONSULTANTS
PLANNING Intrinsik Architecture, Inc.
Attn: Ryan Krueger
rkrueger@intrinsikarchitecture.com
111 North Tracy Avenue
Bozeman, MT 59715
p. 406.582.8988
SURVEYING TD&H Engineering
Attn: Colin Brady
colin.brady@tdhengineering.com
234 East Babcock Street, Suite 3
Bozeman, MT 59715
p. 406.586.0277
97
5 May 2021
ZMA: 19th & Babcock
3. Narrative
Executive Summary
The applicant team is seeking to rezone four parcels from B-2 to B-2M zoning, The
parcels located at the southwest corner and extend east of the intersection of South
19th Avenue and West Babcock Street.
I. Project Overview
The Applicant is requesting to rezone four separate parcels located near the
geographic center of Bozeman from B-2 (Community Business District) to B-2M
(Community Business District-mixed). This request encompasses the addresses: 102
South 19th Avenue, 1716 West Babcock Street, 1736 West Babcock Street, and 1804
West Babcock Street. All properties included in this request are designated as
Community Commercial Mixed Use, which provides B-2 and B-2M zoning as
implementing zones for this land use category.
The properties included in this ZMA cover 3.13 gross acres (136,342 sf). The 102
South 19th Avenue and 1716 West Babcock Street parcels contain two existing
buildings that have been used to support a number of different commercial uses. The
1736 and 1716 West Babcock Street parcels are also developed, and contain existing
parking lots and accessory buildings associated with the current parking uses at these
and adjacent sites. No change in use nor additional development is proposed
concurrent with this ZMA.
This rezone request demonstrates a vision for these properties, one that aligns with
Bozeman’s Unified Development Code (UDC) and the Montana Code Annotated (MCA)
Rezone Map Amendment approval criteria. The proposed zones offer additional
98
6 May 2021
ZMA: 19th & Babcock
options for creative community design and neighborhood development, and the
application narrative below lays out this reasoning.
II. 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 change.
A. Is the new zoning designed in accordance with the Community Plan?
Response: Yes
The Community Plan Future Land Use Map designates this area as Community
Commercial Mixed Use (CCMU), which authorizes B-2M as an implementing zoning
district. This application shows how the proposed ZMA aligns with the effective
Community Plan.
The area to be rezoned includes extensive frontage along West Babcock Street, a
collector. The land use pattern that can be created on such an ideally served parcel
would be able to support a wide range of uses. These include restaurants, retail,
offices, mixed-use development, and residential units at higher densities, all within
existing Bozeman service boundaries and developed in close proximity to facilitate the
provision of services and employment opportunities to persons without requiring the
use of an automobile.
This mix of development at densities appropriate for a growing urban area is therefore
grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed
through this application fosters flexibility to address both current market trends and
long term land use goals for the subject property.
The Community Plan includes several goals and objectives that are broadly served
through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
99
7 May 2021
ZMA: 19th & Babcock
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to
support infill development, reduce costs, and minimize disruption to the public.
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.).
B. Will the new zoning secure safety from fire and other dangers?
Response: Yes
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. Future site development will conform to City of Bozeman public safety,
building, and land use requirements in compliance with the UDC, as well as all
applicable building codes to help secure safety from fire and 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?
Response: Yes
This infill project site lies within the City’s sewer, storm water and water facility plan
boundaries. 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
100
8 May 2021
ZMA: 19th & Babcock
services.
D. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Response: Yes
The project site lies within the sewer, storm water, and water facility plan boundaries.
Public transportation, water, sewerage, schools, parks and other public requirements
are available onsite or in proximity to the site. Required public improvements will allow
for increased connectivity, including incremental additions of sidewalks and public
improvements providing pedestrian access and non-automotive transit options that
encourage connectivity to adjacent neighborhoods and existing uses. All future
development of the property will meet the public requirements as specified in the
applicable City standards. City water and sewer lines are already located adjacent to
or within the proposing zoning boundaries. All development will be required to create
sufficient parks and recreation facilities (or make a payments in-lieu) upon future
development. Future applications for subdivision and site plan review will specify how
they meet public requirements necessary to serve this development. Adequate
provision of services will be necessary to allow for future construction approval.
E. Will the new zoning provide reasonable provision of adequate light and air?
Response: Yes
Bozeman’s UDC contains prescriptive form and intensity standards for structural
setbacks, height limits, lot coverage, setbacks, landscaping and buffers, and maximum
lot coverage, each of which contribute to the reasonable provision of adequate light
and air. Any future development of the property will be required to conform to building
requirements and City standards for setbacks, height, lot coverage, and buffering
which ensure that residents have an adequate amount of light and air. Open spaces,
in addition to parks, are required with all future development and will be addressed
during future applications.
F. Will the new zoning have an effect on motorize and non -motorized
transportation systems?
Response: This criterion has been met. Future development offers the ability to
101
9 May 2021
ZMA: 19th & Babcock
modernize and streamline multi-modal transit options, including pedestrian
connections and bicycle routes. Although the proposed zone change brings the
potential of increased traffic, its proximity to major thoroughfares (e.g. Huffine Line
and 19th Avenue) allow for the dispersion of traffic through the transit network.
Moreover, future site development will create additional site infrastructure to serve
the needs of the motorized and non-motorized site users. All future development
will be in compliance with the UDC and applicable engineering standards.
Additionally, subsequent submittals will include appropriate traffic impact analysis
that include review of current and future transportation capacity. The installation of
required road improvements will further offset negative traffic impacts.
G. Does the new zoning promote compatible urban growth?
Response: Yes
The City of Bozeman has adopted a variety of standards to ensure compatibility.
Compatible Development and Compatible Land Use are defined in within the
Unified Development Code as follows:
• Compatible Development - The use of land and the construction and use of
structures which is in harmony with adjoining development, existing neighborhoods,
and the goals and objectives of the city's adopted Community Plan. Elements of
compatible development include, but are not limited to, variety of architectural
design; rhythm of architectural elements; scale; intensity; materials; building siting;
lot and building size; hours of operation; and integration with existing community
systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural
or site design, density or use.
• Compatible Land Use - A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not
limited to, noise, odor, light and the presence of physical hazards such as
combustible or explosive materials.
The term “compatible development” includes several elements that aid in
102
10 May 2021
ZMA: 19th & Babcock
identifying compatibility and compatible urban development. It is also important to note
that the definitions for “compatible development” does not require uniformity of the
development pattern or design.
The designation this site as B-2M offers additional design flexibility to and will offer
future development to unfold compatible with development adjacent to the existing
zones. The flexibility offered by B-2M zoning will allow the site to respond to and meet
the demands of the surrounding neighborhoods, providing complimentary retail,
commercial uses, offices, and restaurants to serve the needs of the community of
Central Bozeman. All future design and construction will be compatible with the UDC
site and design standards, further ensuring compatibility for this site.
H. Does the new zoning promote the character of the district?
Response: This criterion has been met. The character of any zoning district does
not remain stagnant, however future development should promote the character of the
district as defined in the Community Plan. The zoning proposed through this
application has been shown to be in accordance with the effective Community Plan
(see the response to Criteria A , above). Moreover, the Community Plan details which
land use categories are authorized to implement each zoning district. B-2M is an
authorized zones within the CCMU land use category, and the new zoning is in
accordance with the Community Plan goals and objectives, and the Future Land Use
Map (Please see Appendix C, Exhibit D). Taken as a whole, this indicates that the
proposal will promote the character of the adjacent district as required.
As noted in Criterion G above, this application shows conformance with the City’s
definition of compatible development. Moreover, the City has adopted many standards
within the Unified Development Code to identify and mitigate demonstrable negative
impacts of future development. These support the ability of future development within
each of the proposed zones to be reviewed for compatibility at the time development is
proposed. As the district adjacent to these sites is evolving, the character of the area
has not yet been fully realized, and this development is intended to compliment the
overall character of this area.
I. Does the new zoning address the affected area’s peculiar suitability for
particular uses?
103
11 May 2021
ZMA: 19th & Babcock
Response: This criterion has been met. All properties lie adjacent to existing
access to public utilities and municipal services. Future development of the site will
enable development of important connection points for the transportation system,
including continuation of the sidewalk network along West Babcock. The site is
capable of supporting a diverse array of uses, and the proposed zones demonstrate a
preferable arrangement of these possible future uses. The proposed B-2M Zoning
District is appropriate for this location and allows for the construction of commercial or
mixed-used developments on an infill site. B-2M Zoning District is also imagined to
encourage support services and employment opportunities that correspond to possible
uses within the site and between adjacent sites.
J. Was the new zoning adopted with a view to conserving the values of
buildings?
Response: This criterion has been met. The new zoning, once adopted, will not
negatively impact the existing notable buildings at this location. The existing buildings
adjacent to 19th Avenue are to remain, while development of the parking lots will see
these parcels reach a higher and better use. The storage sheds and similar structures
are not significant to the property and may be removed to facilitate site development.
K. Does the new zoning encourage the most appropriate use of land throughout
the jurisdictional area?
Response: This criterion has been met. The new zoning will allow for higher
residential and commercial densities to be constructed on an infill site in a growing
area of Bozeman. The City is in need of additional housing and retail/commercial
services in proximity to established neighborhoods to accommodate demand and meet
additional community needs. The Community Plan is also supportive of the
appropriateness of the possible uses of the lands encompassed in the ZMA, as has
been described in the response to Criteria A (above). The B-2M zoning offers an
opportunity to create neighborhood scale commercial development adjacent to a
critical transit corridor and established residential neighborhoods, while providing for
additional site design flexibility (i.e. lower parking requirements).
104
12 May 2021
ZMA: 19th & Babcock
III. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly
different from the prevailing uses in the area?
Response: No, therefore this criterion has been met.
Three of these parcels are developed with buildings and parking lots. These
properties are edged on the north by West Babcock Street, a collector, while the
properties to the south are developed with a wide variety of residential uses.
however the northern boundary lies adjacent to developed residential land uses.
The proposed B-2 zoning that encompasses all four parcels is not significantly
different than B-2M, and the uses contained within B-2M are not significantly
different that those allowed in B-2.
Bozeman’s Zoning District’s have been purposefully developed to include a variety
of uses within each district. Future development of the site will be proposed in
compliance with all B-2M Zoning District requirements, and this possible future
development will not alter the prevailing uses in the area.
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?
Response: This criterion has been met.
As described in Criterion A above, the amendment advances the overall policies of
the Bozeman Community Plan (Community Plan). It follows that alignment with the
Plan shows that the requested zoning would therefore benefit the community and
the general welfare. Moreover, the proposed zoning does not inhibit potential
development of adjacent properties, which further supports the planning goals of
the community.
105
13 May 2021
ZMA: 19th & Babcock
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?
Response: This criterion has been met.
This amendment does not come at the expense of surrounding landowners or the
general public. No substantial negative impacts resulting from this zone map
amendment have been identified. Future site development has the potential to
create to new commercial and housing opportunities for residents of Bozeman. The
new development will also provide new transportation links and public infrastructure
improvements are likely to contribute to the community as a whole.
As has been shown, the application is consistent with the Community Plan. Here
again, the Community Plan is the overall land use policy for the City and
consistency with the Plan demonstrates benefit to the general public. This request
is also consistent with the existing and supposed future character of the area,
further evidence that the amendment does not benefit the landowner at the
expense of others. Future site development will change the character of the site
from its current state, however the change in zoning does not specifically cause
harm to the surrounding landowners.
106
107