HomeMy WebLinkAbout08-23-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order
B.Disclosures
C.Approval of Minutes
C.1 Minutes approval for 12-10-19, 07-26-21, and 08-09-21(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 23, 2021
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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 23rd, 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
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As always, the meeting will be streamed through the City's video page (click the Streaming Live in the
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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.
Meeting continued from August 9, 2021.(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. Meeting continued from August 9, 2021.(Rogers)
E.3 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment,
Located NE of the Intersection of Davis Lane and Westlake Road, 17.197 Acres to be
Designated as R-5 Residential Mixed Use High Density District, Application 21186(Saunders)
E.4 Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to rezone two existing parcels
from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 3.492
acres, Application 21172.(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, 07-26-21, and 08-09-21
MEETING DATE:August 23, 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
I move to approve the meeting minutes for August 9th, 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
08-09-21 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:
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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
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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
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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.
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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
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Bozeman City Commission Meeting Minutes, 08-09-21
Page 1 of 1
THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 9, 2021
Due to lack of a quorum, this meeting was not able to proceed.
00:08:28 Staff liaison Tom Rogers informed the public that due to a quorum not being present,
the meeting was going to have to be cancelled.
00:09:40 Board member Genito announced that due to lack of quorum, Application 21147 would
be continued to August 23rd.
00:11:16 Board member Genito announced that due to lack of quorum, application 21192 would
be continued to August 23rd.
G) 00:13:57 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
11
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 continued from August 9,
2021.
MEETING DATE:August 23, 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
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the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
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
21147 2103 Bridger Drive ZMA ZC SR revised.pdf
Report compiled on: August 5, 2021
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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
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15
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
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17
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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
19
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.
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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.
21
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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
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NEW CONSTRUCTION BUILDING HEIGHT - NOT TO SCALE -NEW CONSTRUCTION IN 2005
0 25 I SCALE IN FEET -------
50
-----------
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=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
22
2103
Bridger Drive
Lots 14-16
23
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
24
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.
25
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.
26
Page 1 of 24
21147 Staff Report for the 2103 Bridger Drive Annexation & ZMA
Public Hearings: Zoning Commission (map amendment only) August 9, 2021 and
continued to August 23, 2021
City Commission (Annexation and map amendment) September 21, 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.
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 2 of 24
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 and continued to
August 23, 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.
28
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 3 of 24
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 ......................................................................................................... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 22
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 24
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
29
Page 4 of 24
SECTION 1 - MAP SERIES
Project Vicinity Map (2021 air photo)
30
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 5 of 24
Project Vicinity Map (2021 air photo)
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 6 of 24
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
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 7 of 24
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
33
Page 8 of 24
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”, as PDF 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.
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 9 of 24
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
continued to August 23, 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,
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 10 of 24
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The 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
36
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 11 of 24
and/or natural features such as floodplains or steep slopes. Complementary uses such as
parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
serving commerce provide activity centers for community gathering and services. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the R-2 district is an implementing district of the Urban
Neighborhood category.
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 12 of 24
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,
38
Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 13 of 24
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.
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.
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 14 of 24
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.
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
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 15 of 24
sizing and flow requirements, require dedication of parks, provision of right of
way for people and vehicles, keep development out of floodplains, and other
items to address public safety, etc. It is often difficult to assess these issues in
detail on a specific site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts
are experienced. The availability of other planning and development review tools
must be considered when deciding the degree of assurance needed to apply an
initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. Private development must demonstrate compliance with
standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
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
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Staff Report for the 21147; 2103 Bridger Drive Zone Map Amendment Page 16 of 24
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-
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.”
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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
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
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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.”
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.
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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-
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
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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.
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.
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3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While 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
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
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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
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
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proposed zoning designation of R-2 correlates with the Growth Policy’s future land use
designation of “Urban Neighborhood”.
Authorized uses in Residential districts are detailed in section 38.310.030.
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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
50
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
continued from August 9, 2021.
MEETING DATE:August 23, 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:
A1 - 19th and Babcock Rezoning 2021-05-06.pdf
51
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
21192 19th & Bab ZMA ZC Staff Report.pdf
Report compiled on: August 5, 2021
52
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
53
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
54
X
55
414 Holdings, LLC (Christian James)
56
414 Holdings, LLC (Christian James)
57
N
19th & Babcock Rezoning
58
N
19th & Babcock Rezoning
59
N
60
N
19th & Babcock Rezoning
61
19th & Babcock Rezoning Zone Map Amendment
May 2021
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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)
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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
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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
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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
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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
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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
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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
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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
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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?
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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).
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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.
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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.
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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 and
continued to August 23, 2021
City Commission public hearing will be held on September 21, 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
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(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.
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.
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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
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Page 4 of 34
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map (2021 image)
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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
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Figure 3: Future Land Use Designations (2021 image)
Urban
Neighborhood
Community Commercial
Mixed-Use
Subject
properties
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Figure 4: Current Land Use (2021 image)
Subject
properties
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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 continued to August 23, 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.
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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.”
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“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
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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
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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.
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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.
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As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
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
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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
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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.
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I. Peculiar suitability for particular uses.
Neutral. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated at this time. 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.
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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?
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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
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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
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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”.
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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 —
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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.
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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
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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
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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
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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 — — — —
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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.
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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).
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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
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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 —
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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.
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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
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Memorandum
REPORT TO:Zoning Commission
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT: 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map
Amendment, Located NE of the Intersection of Davis Lane and Westlake
Road, 17.197 Acres to be Designated as R-5 Residential Mixed Use High
Density District, Application 21186
MEETING DATE:August 23, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended Zoning Commission Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 21186 and move to recommend approval of the Davis and
Westlake Annexation 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 applicant and property owners seek to annex one parcel totaling
approximately 15.334 acres of private land plus adjacent right of way into
the City limits and establish initial zoning of R-5, Residential mixed-use high
density district. See the attached staff report for additional information.
Application materials are available at
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237059&cr=1.
UNRESOLVED ISSUES:None, see attached staff report.
ALTERNATIVES:See attached staff repor
FISCAL EFFECTS:No budgeted funds affected by this application.
Attachments:
21186 Davis and Westlake Annx-ZMA ZC staff report final.pdf
Report compiled on: August 17, 2021
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21186 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road
Annexation and Zone Map Amendment
Public Hearing: Zoning Commission meeting is on August 23rd, 2021
City Commission meeting is on September 14th, 2021
Project Description: Annexation application 21186 requesting annexation of 17.197 acres
and amendment application 21186 of the City Zoning Map for the establishment of a
zoning designation of R-5 (Residential mixed-use high density district).
Project Location: Northeast corner of the intersection of Westlake Road and Davis Lane, to
the south of Interstate 90. Legally described as: All that part of the S ½ NW ¼ of Section 26, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, lying south and west of the south right of way of Highway as stated in bargain and sale deeds book 145, page 19 and film 143, page 646.
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21186 and
move to recommend approval of the Davis and Westlake Annexation Zone Map
Amendment, with contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
21186 and move to approve Resolution 5234 the Davis and Westlake Annexation.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21186 and move to provisionally adopt Ordinance
2083, the Davis and Westlake Annexation Zone Map Amendment.
Report: August 16, 2021
Staff Contact: Chris Saunders, Community Development Manager
Karl Johnson, Engineer I
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Zoning Commission as well as
the annexation and the zoning amendment for the City Commission. Application materials
available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237059&cr=1
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex one parcel totaling approximately 15.334
acres into the City limits and establish initial zoning of R-5, Residential mixed-use high
density district. The property is currently zoned “Agriculture Suburban” (AS) within the
county and surrounded to the west and south by the same AS County zoning. Nearby
municipal zoning to the south, southeast is B-2 (Community business district) and to the
north is M-2 (Manufacturing and industrial district). The Future Land Use Map in the
Bozeman Community Plan (BCP) 2020 designates the property as “Residential Mixed Use”
which includes the R-5 district as an implementing zoning district. The property is bordered
by Davis Lane to the west (a Bozeman classified minor arterial street), Westlake Road to the
south (a Bozeman classified local street) and E Valley Center Road to the north, (a Bozeman
classified principle arterial). Beyond E Valley Center Road is Interstate 90. The proposed
annexation would bring in additional right of way to build out Davis Lane and Westlake
Road to the full city street classification as would be required with future development. E
Valley Center Road to the north already has adequate right of way width and is located
entirely within the existing city limits.
The property is currently vacant with no existing development or city services on the parcel.
The property is surrounded to the west with agricultural uses and rural single family to the
south still in the county, to the north by right of way and the interstate, and to the southeast
by an active construction of future medical facilities. The property has an existing 27 inch
sewer main and 12 inch water main running along the property to the west in Davis Lane.
There is also a proposed 8 inch water main shown along the southern border of the property.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Alternatives
1. Approve the application and associated resolution and ordinance;
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2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES: ................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
Annexation ........................................................................................................................ 10
Zone Map Amendment ..................................................................................................... 10
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17
Spot Zoning Criteria ......................................................................................................... 24
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 25
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 25
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 28
APPENDIX D – ADVISORY COMMENTS......................................................................... 28
FISCAL EFFECTS ................................................................................................................. 30
ATTACHMENTS ................................................................................................................... 30
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: BCP 2020 Future Land Use Map
Map 3: Existing City Zoning and Proposed Trails
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “2021 NE Corner Davis Lane & Westlake Road Annexation.”
2. That the applicant must submit an Annexation map, titled “2021 NE Corner Davis Land &
Westlake Road Annexation”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office, and must be submitted with the signed Annexation
Agreement. Said map shall contain a metes and bounds legal description of the perimeter of
the subject property including adjacent right-of-ways or street easements, and total acreage of
the property to be annexed; unless the property to be annexed can be entirely described by
reference to existing platted properties or certificates of survey.
3. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation agreement
from the City to the applicant or annexation approval shall be null and void.
4. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Davis Lane including paving, lighting, curb/gutter, sidewalk, and storm drainage b. Street improvements to Westlake Road including paving, lighting, curb/gutter, sidewalk, and storm drainage c. Street improvements to E. Valley Center Road including paving, lighting,
curb/gutter, sidewalk, and storm drainage d. Intersection improvements for E. Valley Center Road and Davis Lane e. Intersection improvements for Davis Lane and Westlake Road
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the applicant agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The SID waiver will be filed with the County Clerk
and Recorder in conjunction with the annexation agreement.
5. The Annexation Agreement shall include the following notices:
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a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in conjunction with
future development.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water rights or a
payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until it is
verified by the City that the necessary municipal services are available to the property.
e. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure necessary
municipal services are available to the property.
f. The Annexation Agreement must include notice charges and assessments may be
required after completion of annexation to ensure necessary municipal services are
available to the property.
g. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to provide
full municipal services to the property.
h. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
i. The Annexation Agreement must include notice that the City will assess system
development/ impact fees in accordance with Montana law and Chapter 2, Article 6,
Division 9, Bozeman Municipal Code.
j. The Annexation Agreement must include notice that the intersection of Westlake
Road and E. Valley Center Road does not meet City standards. The geometry of the
intersection may require modification with future development and all necessary right of
way to provide for the final design of the intersection shall be provided with future
development.
6. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation Agreement.
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7. Due to high groundwater levels in the area no basements are permitted with future
development. No crawl spaces will be permitted with future development of the site, unless a
professional engineer registered in the State of Montana certifies that the lowest point of any
proposed structure is located above the seasonal high groundwater level and provides
supporting groundwater data prior to the release of building permit. In addition, sump pumps
are not allowed to be connected to the sanitary sewer system. Sump pumps are also not
allowed to be connected to the drainage system unless capacity is designed into the drainage
system to accept the pumped water. Water from sump pumps may not be discharged onto
streets, such as into the curb and gutters where they may create a safety hazard for
pedestrians and vehicles.
9. Davis Lane is a Minor Arterial street, which will require a total right-of-way (ROW) width
of 100 feet. The subject property is aligned with the future extension of Davis Lane,
specifically along the western property boundary. The applicant must provide their respective
ROW portion of Davis Lane, which is a width of 50 feet from the centerline running north-
south along the western property boundary. The ROW must be provided as a City standard
public street and utility easement prior to the adoption of Resolution of Annexation.
10. A 25 foot wide City standard public access easement for a multi-use path adjacent to the
frontage of the E. Valley Center Road must be provided prior to the adoption of the
Resolution of Annexation.
11. Westlake Road is a local street, which requires a total ROW width of 60 feet. Alignment
of Westlake Road does not currently meet city standards as it approaches East Valley Center
Road. The alignment of Westlake Road and the access point onto East Valley Center Road
must be modified to meet current city standards upon future development of the parcel. The
ROW required for Westlake Road must be provided as a public street and utility easement in
connection with future development.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void.
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2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “2021 NE Corner Davis
Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent right-of-ways or street easements,
and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on September 14, 2021.
The meeting will begin at 6 p.m. The meeting will be 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 recommends
approval as submitted. The 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 21186.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on August 23, 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 September
14, 2021. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
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SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the northeast and
southeast portions with over 2,368 lineal feet adjacent to existing City limits.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Neutral. The subject property is not surrounded in its entirety but is bordered by the city with
over 60 percent of its boundary adjacent to existing City limits.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Neutral. The subject property is currently vacant, thus not currently contracting with the City
for water, sewer or fire protection services. Future development will be required to connect
with City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal
water and sewer services. Future proposed developments will be required to utilize municipal
water or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Residential Mixed
Use’ and is within the urban area of the growth policy. See the discussion under Criterion A
of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill in a missing gap to continue Davis Lane as a
north south western border of the City limits moving south from Interstate 90. In general,
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from I-90 south until Cattail St., Davis Lane is the border, except for a few parcels which it is
anticipated will be annexed in the future. This annexation would further the goal of a
consistent north south border along Davis Lane.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. The subject property will provide additional right of way for Davis Lane to the
west which is designated by the City as a minor arterial as well as Westlake Road to the
south which is designated a local street. In addition, along Davis Lane and E Valley Center,
the City’s proposed trails plan includes two future trails along the road, a shared use path and
meandering trail. This annexation will enhance both the City’s vehicular and pedestrian
network by providing future right of way width for these improvements. Although the
improvements will not happen at the time of annexation, future development will be required
to install these improvements as their frontage requirements. Right of way for the E Valley
Center shared use path is required as a term of annexation. Right of way to correct a deficient
intersection with E Valley Center and Westlake Road is also required as a term of
annexation.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion Met. The subject property is approximately 15 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 5. The landowner will consent
to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. The property has proposed or existing 27 inch sewer main
and 12 inch water main running along the property to the west in Davis Lane. There is also a
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proposed 8 inch water main shown along the southern border of the property. Any future
development will be required to connect to the City systems.
Per Term of Annexation 5, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for
both Davis Lane to the east and Westlake Road to the south, as well as corridor width for
futures north south trails along Davis Lane. The Recommended Terms of Annexation include
requirements for these right of way provisions. See Terms of Annexation 9-11.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Residential Mixed Use. No change to the
growth policy is required. The application includes a request for initial zoning of R-5. See the
zone map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Residential Mixed Use” on the future land use
map. No growth policy amendment is required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
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recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The City Zoning Commission will be reviewing the requested zoning district designation on
August 23, 2021. The Zoning Commission’s recommendation will be passed along to the
City Commission for review and consideration along with the annexation request on Sept.
14th.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of R-5, Residential mixed-
use high density district. See Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and
paved to the edge of the subject property. Westlake Road is also adjacent and will be paved
with future development.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 5 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
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provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject
property. An existing or proposed 12 inch water main and 27 inch sewer main are along the
western side of the property, within the Davis Lane right of way. In addition there is a
proposed 8 inch water main to the south along Westlake Road. The property is located
adjacent to existing urban development that is currently served by Bozeman Fire.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. City services are not currently being provided to this property as it is vacant.
Future development will be required to hook up to City services. This annexation is not a
result of an emergency condition requiring connection.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as
required in ordinance.
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Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. An annexation agreement has been prepared and will be provided to the
landowner. This policy will be implemented only if the Commission acts to grant approval. If
the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. There are no existing septic systems or wells that will need to be abandoned.
All future development will be required to connect to city services.
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SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (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.”
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“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 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 Residential Mixed Use. The Residential Mixed Use designation description
reads:
“This category promotes neighborhoods substantially dominated by housing, yet
integrated with small-scale commercial and civic uses. The housing can include single-
attached and small single-detached dwellings, apartments, and live-work units. If
buildings include ground floor commercial uses, residences should be located on upper
floor. Variation in building mass, height, and other design characteristics should
contribute to a complete and interesting streetscape.
Secondary supporting uses, such as retail office, and civic uses, are permitted on the
ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale
with modulation in lager structures. Stand alone, large, non-residential uses are
discourage. Non-residential spaces should provide an interesting pedestrian experience
with quality urban design for buildings, sites, and open spaces.
This category is appropriate near commercial centers. Larger areas should be well
served by multimodal transportation routes. Multi-unit, higher density, urban
development is expected. Any development within this category should have a well-
integrated transportation and open space network that encourages pedestrian activity
and provides ready-access within and adjacent development.”
The 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 excerpt, the R-5 district is an implementing district of the
Residential 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.
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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. 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.
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-5 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.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the northeast and south east
portions with over 2,368 lineal feet adjacent to existing City limits. It adds approximately 15
acres to the City limits that is available for urban development while creating a consistent
city border along Davis Lane.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
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B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with
City emergency services including police, fire and ambulance. Future development of 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 no
obstacles have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the BCP 2020. Public health and safety will be
positively affected by requiring new development to connect to municipal sanitary sewer and
water systems, which will prevent groundwater pollution and depletion by wells and septic
systems.
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. The annexation and development of this site will
facilitate expansion of the non-motorized travel network with placement of a multi-use trail
along E Valley Center. This in an important segment in connecting the existing elements of
the trail elsewhere along E Valley Center. Present of the trail will facilitate non-motorized
travel and recreational activities supportive of personal health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts
extensive planning for municipal transportation, water, sewer, parks, and other facilities and
services provided by the City. The adopted plans allow the City to consider existing
conditions and identify enhancements needed to provide additional service needed by new
development. The City implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
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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.”
See also comments under Criterion C.
E. Reasonable provision of adequate light and air.
Criterion Met. The R-5 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.
The site has wetlands along the western edge. The City requires protection of wetlands. This
requirement applies to all zoning districts. This will support additional light and air beyond
what would otherwise be applicable on the site.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which
will include improvements along Davis Lane as well as Valley Center Road. In addition, the
City’s proposed trails plan includes two future trails along the road, a shared use path and
meandering trail. Assuming there is a nexus, future development will be required to provide
these improvements which will enhance the city’s motorized and non-motorized
transportation systems. The site is not yet addressed. The nearest known address is 5020 Westlake Road which has a Walk Score of 3, a Transit score of 7, and Bike Score of 34. 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 community have lower
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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 intent of the R-5 zone is to provide for high density residential
development through a variety of housing types and residential supportive commercial uses
to create a walkable area to serve the varying needs of the community’s residents. Use of this
zone is appropriate for areas adjacent to mixed-use districts and/or served by transit. The
subject property is adjacent to residential and agricultural uses to the west and high intensity
commercial uses to the east (including a proposed medical facility). Creating a more dense
residential development with commercial services adjacent to a higher intensity commercial
area is a compatible use. In addition, this property is accessed by a minor arterial and is
located immediately south of Interstate 90, thus the access and existing street systems are
already in place. In addition, the proposed zoning is in accordance with the Bozeman
Community Plan’s future land use designation of Residential Mixed-Use.
H. Character of the district.
Criterion Met. The proposed R-5 zoning promotes the character of the district as the intent of
the Residential Mixed-use High Density District is to:
“provide for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in a
geographically compact, walkable area to serve the varying needs of the
community’s residents. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-
household dwellings to serve the varying needs of the community’s
residents.
2. Allowing offices and small scale retail and restaurants as secondary uses
provided special standards are met.
Use of this zone is appropriate for areas adjacent to mixed-use districts and/or
served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
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.
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This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in
harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design;
rhythm of architectural elements; scale; intensity; materials; building siting;
lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in R-5 to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77.
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
R-5 envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
the growth policy. The proposed R-5 zoning designation is suitable for the property’s
location and adjacent uses.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the subject property.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed R-5 zoning designation will encourage the most appropriate use
of land as the property is adjacent to both residential and commercial uses. There is excellent
access to the city’s services, including streets, thus is able to support a higher intensity of
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uses as allowed within the R-5 zoning district. Furthermore, the proposed R-5 zoning
designation is consistent with the BCP 2020 future land use map designation of “Residential
Mixed-Use”.
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.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. While the proposed use is not an exact match in type or intensity of the adjacent land
uses, it is not significantly different from the uses. To the west of the subject property is
currently property being used for agricultural purposes and rural single family homes. To the
east, the properties are within the city limits and have a zoning designation of Community
business district (B-2) and are being developed with a more urban form and higher intensity
in land use. Thus, while the R-5 is not the exact same as the adjacent properties, it is a
proposed intensity that falls within the range of adjacent properties land uses of rural single
family homes and agriculture, and high intensity businesses, and would act as a graduated
intensity of use between the adjacent uses. As discussed in Criterion A above, the R-5
zoning is consistent with the adopted growth policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion Met. The application is submitted by one landowner in conjunction with the
proposed annexation of the property. While the City supports and encourages multiparty
annexation applications, they are not required, thus single owner petition annexation requests
are the most frequently seen. The amendment is consistent with and supports the City’s
adopted growth policy, thus is assumed to be a benefit to the greater community even though
the number of immediate landowners are 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 will directly benefit from the proposed zone map amendment, the
amendment is not at the expense of surrounding landowners or the general public. As
discussed previously, no substantial negative impacts are identified due to this amendment.
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The application is consistent both with the City’s and the County’s growth policy. The
growth policy’s consistency demonstrates benefit to the general public and greater
community. As mentioned previously, any future development will require the applicant to
provide the needed infrastructure to support new development. Concurrency and adequacy of
infrastructure should mitigate potential negative effects on 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.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on August 1 and August 8, 2021. The
notice 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 provided at least 15 and not
more than 45 days prior to any public hearing.
As of the writing of this report on August 16, 2021, no written comments have been received
on this application.
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APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential Mixed Use” in the Bozeman Community Plan.
“This category promotes neighborhoods substantially dominated by housing, yet
integrated with small-scale commercial and civic uses. The housing can include single-
attached and small single-detached dwellings, apartments, and live-work units. If
buildings include ground floor commercial uses, residences should be located on upper
floor. Variation in building mass, height, and other design characteristics should
contribute to a complete and interesting streetscape.
Secondary supporting uses, such as retail office, and civic uses, are permitted on the
ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale
with modulation in lager structures. Stand alone, large, non-residential uses are
discourage. Non-residential spaces should provide an interesting pedestrian experience
with quality urban design for buildings, sites, and open spaces.
This category is appropriate near commercial centers. Larger areas should be well
served by multimodal transportation routes. Multi-unit, higher density, urban
development is expected. Any development within this category should have a well-
integrated transportation and open space network that encourages pedestrian activity
and provides ready-access within and adjacent development.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-5, Residential Mixed-use High Density District
whose intent is to:
“provide for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in a
geographically compact, walkable area to serve the varying needs of the
community’s residents. These purposes are accomplished by:
3. Providing for a mixture of housing types, including single and multi-
household dwellings to serve the varying needs of the community’s
residents.
4. Allowing offices and small scale retail and restaurants as secondary uses
provided special standards are met.
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Use of this zone is appropriate for areas adjacent to mixed-use districts and/or
served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
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-5 correlates with the Growth Policy’s future land use
designation of “Residential Mixed-Use”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Terry Schaplow PR or Peggy Shaplow’s estate, 3825 Valley Commons Dr.
Suite #1, Bozeman, MT 59718
Applicant: Cascade Development, LLC. PO Box 11429, Bozeman, MT 59719
Representative: Morrison-Maierle, Inc. 2800 Tech Blvd West, Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager, Community
Development Department
APPENDIX D – ADVISORY COMMENTS
The following informational items are provided for consideration during the design of
development on the site in the future.
General
1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is
adjacent to a watercourse, the developer must mitigate the impacts of the development on
the watercourse.
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High
Groundwater - The subject project is located in an area that is known to have seasonally
high groundwater. Upon future development, the applicant must confirm seasonal high
groundwater level (SHGWL), and seasonal high groundwater data must be measured and
submitted with any future development application on the parcel. Due to the seasonal
nature of SHGWL measurements, the applicant is advised to begin groundwater
measurements in the winter and continue measuring through fall. Measurements must be
at sufficient intervals to define the SHGWL across the site. Industry guidance
recommends a three-foot minimum separation from the bottom of a stormwater facility to
the underlying groundwater table.
Utilities
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer, and storm sewer systems –
The City’s Wastewater Facility Plan calls for the construction of the Davis Lane Lift
Station and Norton East Ranch Outfall Diversion. The development is reliant upon the
Davis lift station and Norton East Ranch interceptor to provide wastewater service to the
proposed development. The lift station and interceptor are under construction however
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Map Amendment, Application 21186 Page 29 of 30
the City cannot guarantee the timeline or completion of either. Both must be completed
and in operation prior to final plat approval.
2. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer, and storm sewer systems -
City’s Water Facilities Master Plan (WFMP) calls for the extension of a 16” main along
the East Valley Center Road frontage. Alterative alignments maybe acceptable provided
the fundamental looped distribution defined within the facility plan can be achieved. As
proposed the fundamental distribution is reliant upon the coordination with the adjacent
development. The City must ensure that the coordination has occurred to comply with the
WFMP prior to the future preliminary plat adequacy.
a. The Billings Clinic project currently has an approved design to construct 16 inch
water main near the southeast corner of the subject property. A 16 inch water main
must be connected to the water main in the Billings Clinic site and constructed
through the subject property to the intersection of Davis Lane and Valley Center
Road. The water main in the Billings Clinic site is under construction however the
City cannot guarantee the timeline or completion of the water main. The water main
must be completed and in operation prior to final plat approval.
Transportation
1. Montana Department of Transportation (MDT) must be consulted regarding the
requirement of any road or intersection improvements and access on East Valley Center
Road. MDT must grant approval for any work within the Valley Center ROW.
2. BMC 38.400.010 Streets (A) – Upon future development, Davis Lane must be
constructed to the City’s Minor Arterial street standard.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the Davis Lane improvements must be in place prior to future subdivision,
final plat, or final site plan approval and that offsite easement acquisition may be required
at the time of development to allow Davis Lane to be constructed to meet the subject
development requirements.
3. BMC 38.400.010 Streets (A) – Upon future development, the intersection of East Valley
Center and Davis Lane must be constructed per the City’s Transportation Master Plan
Object ID# 11.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the East Valley Center Road and Davis Lane intersection must be in place
prior to future subdivision, final plat, or final site plan approval and that offsite easement
acquisition may be required at the time of development to allow the intersection to be
constructed to meet the subject development requirements.
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Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone
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4. BMC 38.400.10 Street (A.1) – Upon future development, the development must have a
minimum of two street connections to the development that are sufficiently connected to
the existing City street network.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the local roads must be in place prior to subdivision final plat or final site
plan approval and that offsite easement acquisition may be required at the time of
development.
5. BMC 38.410.040 Blocks - Upon future development, streets must be constructed to an
appropriate local street grid through the property that meets block length requirements.
6. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to East Valley Center Road. Upon future
development the trail must be constructed through property as defined in the City Parks,
Recreation, Open Space, and Trails (PROST) Plan. The trail must reside completely on
the subject property as it will not be allowed within the Valley Center ROW.
7. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to Davis Lane. Upon future development
the trail must be constructed through property as defined in the City Parks, Recreation,
Open Space, and Trails (PROST) Plan.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record was electronically submitted and can be viewed at
https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project
Documents’ and navigate to application 21186 to view the full application. Digital access is
also available at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715.
Application materials direct link:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237059&cr=1
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Memorandum
REPORT TO:Zoning Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to rezone two
existing parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-
use High Density) on 3.492 acres, Application 21172.
MEETING DATE:August 23, 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 21172 and move to recommend
approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment,
with contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:An application to rezone two existing lots in the Annie Subdivision, Phase 2
from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High
Density). One of the parcels is a stormwater parcel. The Annie Subdivision
Phase 2 was platted in 2016 to create three additional parcels from Lot 5 of
the Annie Subdivision, Phase 2 platted in 1995. Annie Subdivision, Phase 2
created and dedicated Rose Park as a public park. Both parcels are vacant.
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:
21172 Lot 5C ZC SR.pdf
141
1.0 A1 - Development Review Application 04-20-2021 -
Signed.pdf
2.0 Zone Map Amendment Narrative - 05-18-2021.pdf
4.0 ZMA Map 05-10-2021.pdf
1.2 City Adjoiners -Annie Subd. Ph 2 04-26-2021.pdf
Report compiled on: August 18, 2021
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Page 1 of 32
21172 Staff Report for the Lot 5C, Annie Subdivision Zone Map Amendment
Public Hearing:
The Zoning Commission public hearing will be held on August 23, 2021
The City Commission public hearing will be held on September 14, 2021
Project Description: Zone Map Amendment application to rezone two existing parcels
from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density)
on 3.492 acres.
Project Location: Property is located on the southeast corner of 27th Avenue and
Tschache Lane and addressed as 1660 North 27th Avenue, more thoroughly
described as Lot 5C, Amended Plat of Lot 5, Annie Subdivision, Phase 2, situated
in Northeast One-Quarter of Section 2, Township Two South (T2S), Range Five
East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21172 and
move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map
Amendment, with contingencies required to complete the application processing.
Report Date: August 18, 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.
Application materials are available at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237267&cr=1
Unresolved Issues
None identified at this time.
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 2 of 32
Project Summary
An application to rezone two existing lots in the Annie Subdivision, Phase 2 from R-4
(Residential High Density) to R-5 (Residential Mixed-Use High Density). One of the parcels
is a stormwater parcel. The Annie Subdivision Phase 2 was platted in 2016 to create three
additional parcels from Lot 5 of the Annie Subdivision, Phase 2 platted in 1995. Annie
Subdivision, Phase 2 created and dedicated Rose Park as a public park.
Both parcels are vacant.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use (FLU)
designation from Residential to Urban Neighborhood. The R-5 zoning district implemented
the previous and the current FLU designation, see Appendix C of this report.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Transportation Master Plan 2017 – City transportation plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
PROST Plan – City’s Parks Trails and Open Space plan
Alternatives
1. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information to address specific items.
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 3 of 32
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 24
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 32
FISCAL EFFECTS ................................................................................................................. 32
ATTACHMENTS ................................................................................................................... 32
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SECTION 1 - MAP SERIES
Map 1: Vicinity Map of the project site in the City of Bozeman
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Map 2: Bozeman Community Plan 2020 Future Land Use
Urban
Neighborhood
Urban
Neighborhood
Regional
Commercial
& Services
Community
Commercial
Mixed Use
Parks & Open
Lands
Parks &
Open
Lands
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 6 of 32
Map 3: Existing Zoning
R-4
R-3
R-1 R-1
M-1
B-2
B-1
R-O
R-5
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Map 4: Current Land Use
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Map 5: Proposed Zoning
R-5
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Map 6: ¼ Mile Radius
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “Lot 5C Annie Subdivision Phase 2 Zone
Map Amendment”.
2. The applicant must submit a zone amendment map, titled "Lot 5C, Annie Subdivision
Phase 2 Zone Map Amendment." The map must be supplied as a PDF. This map must be
acceptable to the City Engineer's Office and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent rights-of-way
or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
4. All required materials shall be provided to the Department of Community Development
within 60 days of a favorable action of the City Commission or any approval shall be null
and void.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted of the Norton Ranch Zone Map Amendment (ZMA).
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application at this time.
The Zoning Commission will hold a public hearing on this ZMA on August 23, 2021 and
will forward a recommendation to the City Commission on the Zone Map amendment. The
meeting will be held electronically via WebEx. Instructions for joining the meeting will be
included on the meeting agenda. The meeting will begin at 6 p.m.
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The City Commission will hold a public hearing on the zone map amendment on September
14, 2021. The meeting will be held electronically via WebEx. Instructions for joining the
meeting will be included on the meeting agenda. The meeting will begin at 6 p.m.
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 future land use designation for this property was modified with the recent
adoption of the Bozeman Community Plan 2020 on November 17, 2020, Bozeman
Community Plan 2020 (BCP 2020). The Future Land Use Map in the Bozeman Community
Plan 2020 shows the subject property as Urban Neighborhood. This designation correlates
with several zoning districts including R-5 as proposed by the applicant. Community
Commercial Mixed Use and Public Institution designated properties are nearby.
The applicant’s narrative states that the proposed zoning is in accordance with the Growth
Policy because, “… The proposed R-5 zoning for the property is in accordance with the
Urban Neighborhood Designation, as high-density residential areas are encouraged within
this designation.
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This development pattern is in accordance with many of the goals and objectives laid out in
the Bozeman 2020 Community Plan.
Goal N-1: Support well-planned, walkable neighborhoods.
Objective N-1.10 Increase connectivity between parks and neighborhoods through
continued trail and sidewalk development. Prioritize closing gaps within the network.
Objective N-1.11 Enable a gradual and predictable increase in density in developed
areas over time.”
Staff concurs with this statement and provides additional analysis.
The minimum residential density in the R-4 district is eight (8) dwelling units per net acres
while the R-5 is eight (8) dwelling units per gross acre. Building heights and lot coverage are
greater in the R-5 zone (an additional story depending on construction) and parking
requirements are less. Net residential density is defined by section 38.700.130. To determine
net density area used for streets, parks, commercial and industrial area, or common open
space is excluded from the total area of the site. Calculating the gross residential density is
simple dividing the total number of residential units from the total area of the project.
Numerous residential developments are in various stages of construction in the immediate
vicinity. They include the Timber Ridge Apartments to the west which is a senior residential
development (30 units), the Tschache Apartments to the east (54 units), Silver Creek
Apartments to the south (118 units), Bozeman West Apartments to the east (184 units), and
the Palisades development to the south (25 units).
The City hosts a “residential density” mapping tool to help illustrate density in the City. The
direct link is included below.
https://bozeman.maps.arcgis.com/apps/webappviewer/index.html?id=95ccbe423fde446baa1e
f8171659417f
As noted in the Appendix C below, permitted general and group residential uses are identical
between the R-4 and R-5 zoning districts. However, there are differences in permitted
accessory and non-residential uses category. Namely, accessory restaurants and retail uses
are permitted in the R-5 zone.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
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land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the urban area in the City’s adopted land use plan. As
shown on the maps in Section 1, the property is designated as Urban Neighborhood. The
subject property is surrounded by other Urban Neighborhood designated properties. The
Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types,
shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density
due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations,
churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed
density. Higher density residential areas are encouraged to be, but are not required
or restricted to, proximity to commercial mixed use areas to facilitate the
provision of services and employment opportunities without requiring the use of a
car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
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The future land use map excerpt included in Section 1 shows locations for commercial and
residential in the vicinity. Additional commercial, mixed use, residential designations are
nearby. Therefore, the proposed higher density (R-5) area is in proximity to commercial
mixed use areas as suggested in the Urban Neighborhood description. The zoning map
amendment is in accordance with the future land use map.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Staff finds this application supports some goals and objectives
of the community plan and undermines others. Conflict with the text of the growth policy
hasn’t been identified.
Large swaths of single type zoning, in this case high density residential, is difficult to
harmonize with the goals of the community plan. Similarly, large areas of high density
zoning does not lend to the City’s desire to promote housing diversity or perhaps more
importantly, missing middle housing. There is no specific definition of how big is “large” as
used in the growth policy. On the other hand, high density zoning promotes housing for
certain segments of population and the R-5 zoning district allows for a variety of uses that
promotes aspects of neighborhood development.
Analyzing the pros and cons of this application must be done within the existing and possible
future character of the vicinity. While the Community Plan does not define the geographic
extent of a neighborhood or area of influence, Community Development frequently uses the
area within a quarter-mile of the subject property. This numeric value changes based on site
specific conditions, the size of a development area, and other influences. In other words, it
may be appropriate to consider a larger or smaller catchment area for analysis and in this case
is larger. See Map 6 ¼ mile radius. The closest coffees top is approximately a nine minute
walk and one half mile in distance.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, in particular within already
developed areas. It is inconsistent with this approach to zone for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify
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any individual district but does lean towards the more intensive portion of the zoning district
spectrum.
Adding 3.2713 acres of developable R-5 zone will allow for nominally more housing than R-
4. However, the reduction in parking requirements and greater height allowance allows more
intensive development. The districts minimum residential densities will indicate apartment
construction.
Apartments are only one type of housing while the City encourages a variety to all housing
configurations for all individuals and families. The principals applied in the Plan identify that
a variety of housing is needed. Further, the City supports policies that maintain and build
neighborhoods designed to provide equitable access to amenities and opportunities for all.
Housing type diversity within neighborhoods helps ensure community benefits are available
to households of different size, income, and age. Mixed neighborhoods can help provide the
density of people needed to support nearby commercial activities.
Staff finds the application does not fully support Goal N-1: Support well-planned, walkable
neighborhoods and specifically, objective N-1.1 Promote housing diversity, including
missing middle housing. The R-5 district is designed to support apartment through higher
minimum densities although it does allow for a wide range of housing types. Townhomes
and rowhouse are allowed although our development industry has not focused attention on
this type of missing middle housing. This theme is co-listed with Goal N-3: Promote a
diverse supply of quality housing units and objective N-3.8 that is intended to promote the
development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work,
cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical
components of affordable housing.
The Bozeman Strategic Plan includes an additional goal (4.5) under the heading of Housing
and Transportation Choices that intends to “Vigorously encourage, through a wide variety of
actions, the development of attainable and lasting housing options for underserved
individuals and families and improve mobility options that accommodate all travel modes.”
The area is developing with substantial residential density nearby. A variety of goods and
services are relatively close. The site is served by Streamline allowing greater mobility
beyond the car.
The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale
development with a diverse mixture of possible uses. The R-5 district can help to absorb a
portion of the growth that is projected for the City and allows limited commercial activity to
support that residential activity. Supported goals include the following.
“Goal N-3: Promote a diverse supply of quality housing units.”
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The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to
occur at urban densities and will be within the City.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those
justifications. First, a change in correlation between zoning and growth policy, and second,
the owner requests the change and can meet required standards. This report determines the
required standards can be met. No material conflicts with the growth policy have been
identified.
Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is vacant, except for a partially constructed stormwater facility
on the northwest corner of the property. Future development of the property will be required
to conform to all City of Bozeman public safety, building and land use requirements, which
will ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely
impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. Potential future development of the site will require compliance with the
City’s Unified Development Code which ensures the promotion of public health, safety, and
general welfare. The proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion met. 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
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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. An
8” water service line surrounds the property. Sewer service lines exist in Breeze Lane
to the south and 27th Avenue to the west.
The proposed amendment will enable more intensive development than the zoning that exists
now. The new zoning also provides for a range of uses and possible intensity of
development. It is difficult to state definitively what level of services are required by the
zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee
approval of new development until the City verifies the availability of needed infrastructure.
All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future
subdivision or site plan review the need for individual services can be more precisely
determined. No subdivision or site plan is approved without demonstration of adequate
capacity and conformance with adopted standards.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
The Annie Subdivision Phase II dedicated parkland anticipating future residential
development, Rose Park. The park is shown on the plat as Rose Park totaling 18.512
acres.
E. Reasonable provision of adequate light and air.
Criterion met. Ensuring public health and safety is integral for the City’s adopted regulations.
As with all zoning districts, the R-5 district includes setbacks from property lines adequate to
meet this standard. The form and intensity standards, Division 38.320, require minimum
separation from property lines, limits building heights, limits lot coverage with buildings, and
maximum volume of buildings on a site. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Neutral. The requested change in zoning from R-4 to R-5 will not itself impact the
motorized and non-motorized transportation system. The future land uses and intensity of
development are not entirely known. The primary uses in the R-4 and R-5 zone are the same,
residential. However, the mix of residential and commercial uses allowed under the proposed
zoning could have the effect of providing goods, services, and employment opportunities in
close proximity to existing and future residences, thereby reducing the number of trips or
distance traveled per trip into other areas of the City to meet the residents’ needs. The
property is located at the corner of North 27th Avenue (a Collector Street according to the
Bozeman Transportation Master Plan, 2017) and Tschache Lane. Development of the
property will be required to comply with transportation-related standards and reviewed for
impacts on the surrounding streets, intersections, and sidewalks. Adopted standards include
provisions for pedestrians, bicycles, and motor vehicles.
Currently the site has direct bus service with two Streamline routes travelling the Tschache
Lane corridor, the Blue and Red lines. Streamline service map excerpt:
Streamline Service Map, subject property highlighted with a star
The site is addressed at 1660 North 27th Avenue and has a Walk Score of 42, a Transit
score of 22, and Bike Score of 48. 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
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 19 of 32
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 community have 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 future land use map designates the property Urban Neighborhood. The
Urban Neighborhood designation correlates with several zoning districts including R-5
zoning, as proposed by the applicant. Based on the land use map designations and correlated
zoning districts in the plan and proposed by the applicant, the zone map amendment would
promote compatible urban growth.
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 BMC to
establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in
place. The City has adopted a variety of standards to implement compatibility.
Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed
uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted
accessory and non-residential uses in residential zoning districts shows the R-5 district is
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 20 of 32
more permissive for retail and restaurant activity although those differences are restricted in
size and configuration to retain compatibility with the primarily residential uses in the zoning
district.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-4
and R-5 reveals more differences than in permitted uses. The R-5 district allows more
intensive development. The more intensive development elements allowed in the R-5 district
are subject to additional development standards established in Article 38.5, Project Design,
of the municipal code. These standards address both site and building design to enable
differing uses and scales of development to be meet the definition of compatible in the
municipal code and presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 21 of 32
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
Staff concludes that although the R-5 is different than the surrounding zoning to some degree
it is compatible and is urban growth as called for in the growth policy. See also discussion for
Criteria A & H.
H. Character of the district.
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 seeks to amend the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact. The proposed R-5 district is predominantly
residential in character. It is adjacent to other residentially zoned areas or commercially
zoned areas developed as residential uses. Existing housing is of a mix of scales.
As noted above, the City Commission has latitude in considering the geographical extents of
a zoning district. Application of any municipal zoning district to the subject property will
alter the existing character of the subject property which is an open field. It is not expected
that zoning freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design,
density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be
compatible with adjacent development and uphold the residential character of the area. See
also Criterion I.
The intent of the R-4 and R-5 districts are similar with the difference focused on the
secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies
on residentially supportive commercial uses, emphasis added. Both districts provide for
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 22 of 32
high-density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to
serve the varying needs of the community's residents.
Therefore, this criterion is met.
I. Peculiar suitability for particular uses.
Criterion met. The proposed zoning changes bumps density and intensity opportunities for
the area being rezoned. And as noted in criterion H above, the functional difference is on the
supporting uses allowed in the district. The recently adopted Bozeman Community Plan 2020
which changed the underlying growth policy designation from Residential to Urban
Neighborhood indicates the City desires considerably more residential development in this
area of the City.
Other adjacent uses include commercial, service activities, and low density through high
density residential uses. Although the scale of these uses is rather spread out, the uses are
mixed. Therefore, the incremental intensity of uses allowed by the R-5 district is not
incongruent with the prevailing and anticipated uses in the vicinity.
J. Conserving the value of buildings.
Criterion met. The property is currently vacant although the surrounding area hosts many
residential and commercial buildings and, if approved and is constructed, will included many
more residential buildings. R-5 zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development
must comply with the Bozeman Unified Development Code which will ensure an appropriate
scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated
to negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the
land. In this case, urban-scale residential and mixed-use development has been identified by
the community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that protect and promote public health, safety, and general welfare.
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
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 23 of 32
County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses
that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’
The differences between R-4 and R-5 are small and not significant. Although intensity
may be different the permitted uses are not. Please refer to Appendix C below for a
complete list of permitted and not permitted uses. As a result, the proposed R-5 zoning
designation would not result in primary uses of the site which are significantly different
from prevailing and planned land uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner who is the applicant.
However, the R-5 zoning designation is an implementing district to the Urban Residential
land use designation and may be utilized by any other property owners who wish to
employ the R-5 district to their respective property. The proximity of this site to
supporting residential development and other commercial areas will generally be
conducive to simultaneous emergence of residential and commercial activities, as
supported by the BCP 2020, see Goal N-2, and the many residents will benefit from the
change because the developable area is sufficient to accommodate a variety of buildings
and activities for numerous possible individuals.
3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
No. No substantial negative impacts to the surrounding landowners or the general public
have been identified due to this amendment. While the number of landowners who will
directly benefit from the proposed zone map amendment is small (one), the proposed
amendment is not at the expense of surrounding landowners or the general public. As
discussed above in the various review criteria, no substantial negative impacts have been
identified due to this amendment. The proposed R-5 zoning designation will allow for a
variety of uses conducive to the Urban Neighborhood land use designation.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 24 of 32
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Prowell II, LLC, property owner and the applicant Jason Zalac, applicant, seeks to amend the
zoning map for approximately 3.492 acres of an existing lots from R-4 (High Density
Residential) to R-5 (Residential Mixed-Use High Density). The parent tract was subdivided
in 1995 and further subdivided in 2016 to create three developable tracts of record for
residential development.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use
designation from Residential to Urban Neighborhood. The proposed zoning is in accordance
with the Community Plan designations. Urban utilities and services are available.
The property is a generally flat that is unconstrained by natural or human caused hazards.
There are no structure on the property.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on August 8, 2021. Notice was sent via first class mail to adjacent landowners and posted on
the property on August 7, 2021.
No public comments have been received at the time of publication of this report.
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APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes. Complementary uses
such as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to
occur within municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to, proximity
to commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested three zoning districts: R-5 (Residential Mixed-Use High
Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
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Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 27 of 32
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling units* -
attached (38.360.040) P P P P P P P —
Accessory dwelling units* -
detached (38.360.040) P P P P P P P —
Apartments/apartment
building* — — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Manufactured home
communities* — — — — — — — P
Single-household dwelling
(38.360.210) P P P P P P P P
Two-household dwelling
(38.360.210) — — P P P P P —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — P P P P —
Townhouses* & rowhouses*
(two attached
units)(38.360.240)
P
2 P2 P P P P P P
3
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 28 of 32
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
— — — P
3 P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential
facilities* with eight or fewer
residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and emergency
housing (38.360.135)* and
related services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in
developments subject to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 29 of 32
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.140) *
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned
recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 30 of 32
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or
more
(38.360.260)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres
(38.360.260)
C — — — — — — —
Bed and
breakfast* C C C C P P P —
Commercial
stable
(38.360.220)
C — — — — — — —
Community
centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services
Type II* P P P P P P P P
Essential services
Type III* 2 C C C C C C C C
Short Term
Rental (Type 1)* P P P P P P P —
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 31 of 32
Short Term
Rental (Type 2)* — — P P P P P —
Short Term
Rental (Type 3)* — — — — — — — —
Golf courses C C — — — — — —
General service
establishment* — — — — — — P 5 —
Offices* — — — — S 3 S 3 P —
Public and private
parks P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C C 3 P —
Recreational
vehicle parks
(38.360.200)*
C — — — — — — P
Restaurant* — — — — — P 4 P 5,
6 —
Retail* — — — — — P 4 P 5,
6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
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21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 32 of 32
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street
corner sites within a mixed-use building featuring residential units next to and/or above
subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Prowell II, LLC, 45 Sheffield Place, Southinton, CT 06489
Applicant Jason Zalac, 4 Cloninger Lane, Bozeman, MT 59718
Representative: C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237267&cr=1
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G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX
LOT 5C, AMENDED PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2
ZONE MAP AMENDMENT NARRATIVE
The proposed Zone Map Amendment for Lot 5C, Amended Plat of Lot 5, Annie Subdivision, Phase 2
involves taking an existing 152,110 sq. ft. (3.4920 acres) area located at Tschache Lane and N. 27th
Avenue zoned R-4 residential high density and rezoning it as R-5 residential mixed-use high density. The
proposed area to be rezoned includes a portion of the rights-of-way in Tschache Lane, N. 25th Avenue and
N. 27th Avenue. Common Open Space A is also included in the total area.
A. Is the new zoning designed in accordance with the growth policy?
Yes, the Bozeman Community Plan adopted November 17, 2020 designates the Future Land Use
for this property as Urban Neighborhood. The proposed R-5 zoning for the property is in
accordance with the Urban Neighborhood Designation, as high-density residential areas are
encouraged within this designation.
This development pattern is in accordance with many of the goals and objectives laid out in the
Bozeman 2020 Community Plan.
• Goal N-1: Support well-planned, walkable neighborhoods.
o Objective N-1.10 Increase connectivity between parks and neighborhoods
through continued trail and sidewalk development. Prioritize closing gaps
withing the network.
o Objective N-1.11 Enable a gradual and predictable increase in density in
developed areas over time.
Development density within the immediate area has increased in recent years. Development such
as the Silver Creek Apartments, Tschache Apartments, and Palisades Apartments are of similar
density to what the new R-5 zoning for the proposed area would allow for. The development of the
lot would include the installation of City sidewalk along 25th Avenue and Breeze Lane, increasing
connectivity of City Sidewalks to the existing City Park to the east.
• Goal DCD-3 Ensure Multimodal Connectivity within the City.
o Objective DCD -3.5 Encourage increased development intensity in commercial
center and near major employers.
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G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX
The proposed zoning change would increase the allowable density for that lot. The lot is located
near major commercial development and employment opportunities to the west.
B. Will the new zoning secure safety from fire and other dangers?
Yes, new zoning will help to secure safety from fire and other dangers by allowing the property to
be serviced by the City of Bozeman Fire and Police departments. The property is located
approximately 0.6 miles from the Bozeman Fire Station 3 located at 1705 Vaquero Parkway. The
proposed area to be rezoned is not located within any known flood plains.
C. Will the new zoning promote public health, public safety and general welfare?
Yes, the proposed zoning change will promote public health, safety and general welfare by
allowing denser residential development that will have immediate access to streets exiting the
subdivision, and access to adjacent open space, and a city park. The proposed development will
also connect to the City’s road network and water and sanitary sewer systems. The proposed
zone map amendment does not put additional burden on any of the municipal or emergency
services.
D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
Yes, the proposed zoning change is adjacent to Tschache Lane, N. 27th Avenue, N. 25th Avenue,
and Breeze Lane. The roads have sufficient capacity to handle high density development
proposed. The recent improvements to N. 25th and Breeze, and existing infrastructure in N. 27th
and Tschache Lanes will allow the site to connect to City services. The site is adjacent to a City
Park and is located less than a half mile from Emily Dickinson Elementary School. The site is
located approximately 1.5 miles from the new high school. These school can be accessed by City
sidewalk. The need for additional infrastructure improvement will be determined at the time of
site development.
E. Will the new zoning provide reasonable provision of adequate light and air?
Yes, the city R-5 zoning would provide reasonable provision of adequate light and aired based on
the City’s zoning and development standards. The standards set forth in the Unified Development
Code for R-5 Zoning and Site Plan Development have been found to adequately address these
provisions. Additionally, park dedication requirements for residential development will require
either parkland dedication or cash in-lieu of parkland.
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F. Will the new zoning have an effect on motorized and non-motorized transportation
systems?
Neutral, the proposed zoning is not likely to have effects on motorized and non-motorized
transportation system. The property has access to recent road improvements that should provide
adequate service for the development, including a new light at the intersection of Oak Street and
N. 27th Ave and the build out of Breeze Lane and N. 25th Avenue. The property will have
sidewalk on all four sides at the time of development. Trail exist in the city park and surrounding
subdivisions. Additionally, the site is located near existing bus routes. The impact and level of
service of the surrounding transportation infrastructure would be reviewed with development of
the property under the Unified Development code.
G. Does the new zoning promote compatible urban growth?
Yes, the new zoning will promote compatible urban growth by allowing for higher density
development within the proximity of commercial growth and job opportunities. The future land
use map designates the property as Urban Neighborhood. This designation encourages high
density residential development, such as those can be proposed within R-5 zoning. The
designation correlates to the R-5 zoning proposed by the applicant per the Bozeman 2020
Community Plan.
H. Does the new zoning promote the character of the district?
Yes, the zone map amendment does not alter the text of the R-5 zoning and is meant to modify
the geographical extent of the district. The zone map amendment will change the character only
for the subject property, which is vacant.
The proposed residential mixed-use high density (R-5) zoning is consistent with the mix of high
density (R-4) and medium density residential (R-3) zoning of the adjoining properties. The
amendment alters the extent of the zoning district consistent with the mix of medium and high-
density zoning on adjoining properties. A number of multi-family high density development exist
on surrounding properties. A high-density multi-family development exists near the northeast
corner of the property. There are also City Parks, Open Spaces and Commercial areas within a
half mile of the property. Any development under the City’s Unified Development Code would
require compatibility between uses as outlined in Article 38.500.
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I. Does the new zoning address the affected area’s peculiar suitability for particular uses?
Yes, the proposed mixed use high-density residential (R-5) zoning adjacent to a city park,
commercial and mixed-use zoning and other high density residential developments. The site is
appropriately located near Oak Street, a Principal Arterial corridor. The site is appropriately not
located near areas of floodplains, wildlife, steep slopes or fire prone areas.
J. Was the new zoning adopted with a view to conserving the values of buildings?
Yes, the new zoning allows for development similar to that of the surrounding areas.
Development under the R-5 zoning would be required to meet necessary setbacks and form
requirements outlined in the Bozeman Municipal Code. This is not anticipated to decrease the
values of these existing buildings.
K. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes, the new zoning encourages high density residential development in an area designated
Urban Neighborhood in the Bozeman 2020 Community Plan. The Bozeman Municipal Code
ensures that uses within the new zoning would adequately protect resources, infrastructure, public
health and safey.
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Adjoining Property Owners:
ANNIE SUB PH 2, S02, T02 S, R05 E, Lot 5C, ACRES 2.2612, PLAT J-204-A
Bozeman, MT
ROOTED INVESTMENTS INC 130 NATIQUE WAY
BELGRADE, MT 59714-9313
ANNIE SUB PH 2, S02, T02 S, R05 E, ACRES 0.2204, COMMON OPEN SPACE PLAT J-204-A
CONTIGUOUS
LAND LINK LLC PO BOX 11811
BOZEMAN, MT 59719-1811
ANNIE SUB PH 2, S02, T02 S, R05 E, Lot 5B, ACRES 1.5378, PLAT J-204-A
CONTIGUOUS
TEMPEST COURT INVESTMENTS I LLC 2137 DURSTON RD STE 25
BOZEMAN, MT 59718-2804
WEST WINDS SUB PH 1A &1B, S02, T02 S, R05 E, BLOCKS 4 & 7, Lot 1, PLUS OPEN SPACE PLAT J-411
NOT CONTIGUOUS
STONERIDGE APARTMENTS LP 283 W FRONT ST STE 1
MISSOULA, MT 59802-4328
WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 8, Lot 5B, PLAT J-445-D
NOT CONTIGUOUS
FAIRVIEW INVESTMENTS LLC 1725 DESALES ST NW STE 900
WASHINGTON, DC 20036-4404
S02, T02 S, R05 E, ACRES 14.428, TRACT 1 REMAINDER NW4NE4 COS 1256 LESS MS 404
NOT CONTIGUOUS
CITY OF BOZEMAN PO BOX 1230
BOZEMAN, MT 59771-1230
ANNIE SUB PH 2, S02, T02 S, R05 E, ACRES 18.512, ROSE PARK, PLAT J-204
CONTIGUOUS
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