HomeMy WebLinkAbout09-21-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Via WebEx
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Stewart)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, September 21, 2021
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If you are interested in commenting in writing on items on the agenda please send an email to
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You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
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F.2 Authorize the City Manager to Sign a Special State Fire Assistance Subaward Agreement
with the Montana Department of Natural Resources and Conservation for the Sourdough
Creek Municipal Watershed Fuels Management Project(Heaston)
F.3 Ratify the City Manager's Signature on a First Amendment to the Grant Agreement for the
ELM Event Venue(Fine)
F.4 Authorize the City Manager to Sign a Notice of Award to R&R Conner Aviation, LLC for the
Phase 2 Sourdough Fuels Reduction Project, and Contract Documents Once
Received(Heaston)
F.5 Authorize the City Manager to Sign a Temporary Right-of-way Agreement and Temporary
Construction Permit for Construction of Improvements to Story Mill Road - Parcel 3 (2511N
LLC and 2332 LLC)(Murray)
F.6 Authorize the City Manager to Sign a License Agreement for the Use of City Property by
Headwaters Community Housing Trust and Langlas Associates, Inc.(Jadin)
F.7 Authorize the City Manager to Sign a Memorandum Of Understanding Between the City of
Bozeman and Montana State University for Collaborative Coursework Projects through the
Community-engaged And Transformational Scholarship (CATS) Program(Hess)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Action Items
H.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 -
continued from August 9, 2021(Rogers)
H.2 Soper Minor Subdivision Preliminary Plat Application for a First Minor Subdivision
Requesting Permission to Subdivide 0.74 Acres into Two Lots Within the R-2 District,
Application 21282 (Quasi-judicial)(Lyon)
H.3 The West Babcock Properties Zone Map Amendment to Rezone 3.4 Acres from B-2 to B-2M
for Properties Addressed at 102 South 19th Avenue and 1716, 1736, and 1804 West
Babcock Street, Application 21192(Rogers)
H.4 Resolution 5279 Annual Lighting Assessments for Fiscal Year 2022 (Donald)
I.Appointments
I.1 Appointment to the Police Commission(Maas)
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J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Interim Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing. Individual claims
in excess of $100,000: to be announced in weekly e-mail from Interim
Accounting Technician Levi Stewart.
Report compiled on: September 9, 2021
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Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Scott Shirley, Interim Public Works Director
Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Special State Fire Assistance Subaward
Agreement with the Montana Department of Natural Resources and
Conservation for the Sourdough Creek Municipal Watershed Fuels
Management Project
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign a Special State Fire Assistance Subaward
Agreement with the Montana Department of Natural Resources and
Conservation for the Sourdough Creek Municipal Watershed Fuels
Management Project.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:Montana Department of Natural Resources and Conservation has awarded
the City of Bozeman $270,000 through the Special State Fire Assistance
program to conduct fuels management activities on City-owned land in the
Sourdough Creek municipal watershed. The grant agreement is attached to
this memo.
Please note that this is the second time the City Commission has been
presented this subaward agreement for authorization. The first occurred on
April 23, 2018, at which time the Commission authorized the City enter the
agreement. This original agreement expired on December 31, 2020.
Reimbursements under the original agreement did not occur since fuels
management activities did not happen prior to expiration.
The attached subaward agreement is a re-issuance of the previously
awarded grant, now with an expiration date of May 31, 2023.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The grant provides $270,000 of funding and will be used to fund Phase 2 of
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the Sourdough Fuels Reduction Project. Please note that the Notice of
Award for the Phase 2 fuels reduction contract is placed on this same
September 21, 2021 consent agenda.
Attachments:
DNRC Grant Subaward Agreement
Report compiled on: September 9, 2021
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SPECIAL STATE FIRE ASSISTANCE SUBAWARD AGREEMENT
SOURDOUGH CREEK MUNICIPAL WATERSHED FUELS MANAGEMENT This Subaward Agreement (Subaward) is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient,” Federal ID No. 81-601238, DUNS# 083705293, 411 E. Main Street, Bozeman, Montana 59715-4700 and represented by: Brian Heaston, Project Engineer, PO Box 1230, Bozeman, Montana 59771-1230, telephone (406) 582-2280, according to the following terms and conditions.
This Subaward, awarded and administered by the Montana Department of Natural Resources and Conservation (DNRC), is consistent with the policies, procedures and objectives of the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. This Subaward
is awarded under federal grant #17-DG-11010000-020, Fort Peck Pines Recreation Area/Sourdough Creek Municipal Watershed Grant, executed on 08/04/2017, from the United States Department of Agriculture – Forest Service (USFS) and Catalog of Federal Domestic
Assistance (CFDA) number 10.664, “Cooperative Forestry Assistance.” SECTION 1. PURPOSE. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient for the purpose of activities that reduce wildfire risks to the City of Bozeman’s municipal water source and infrastructure in the Sourdough Creek watershed. Basis for this subaward is the Special State Fire Assistance Authority which is administered through a partnership with the USFS and the DNRC. Permissible projects are those on non-federal lands. Projects can include any/all of the following: hazardous fuels reduction, community/citizen education, cost-share programs, wildland fire prevention programs, projects which restore fire-adapted ecosystems, wildfire response planning, and monitoring. The approved project proposal for this subaward to the
FOR DNRC USE ONLY
Subaward # WSF-18-009
Maximum amount under this Subaward Agreement: $270,000.00 Amendment # N/A
Source of Funds Approved by
USDA FS Grant # 17-DG-11010000-020; CFDA # 10.664 Program EW
Fiscal LP
Legal MP
Division SC
Fund Subclass Org Percent Amount Expiration Amendment
03470 555YA 50449 100% $270,000.00 See Sect. 2 N/A
Workers Comp: X N/A Attached Exempt Will be forwarded
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FY22 – DNRC Forestry Subaward Page 2 of 9
Subrecipient is attached as Appendix B, which is incorporated herein by reference. The Summary of Work Statement attached as Appendix F, which is incorporated herein by
reference, describes the planned outcomes and implementation standards of the projects conducted under this agreement. SECTION 2. TERM. This Subaward is effective on the date of last signature. The Subrecipient shall have until May 31, 2023, to complete the project and work described in Section 4, Project Scope. The DNRC may, pursuant to Section 18, Agreement Extension, grant an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, wildland fire, forest closure, extensive and prolonged inoperable weather conditions, the assignment of project equipment and/or crew to the suppression of a wildland fire, or variations in project scope and/or landowner participation. SECTION 3. DNRC's ROLE. The DNRC is administering grant funds awarded by the USFS to ensure that the funds are used according to the intent and procedures of the Special State Fire Assistance Grant Program. The DNRC will monitor project expenditures to assure payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no
responsibility for verifying the right of the Subrecipient to conduct project activities on properties identified in Appendix B, the approved project proposal. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. The technical specialist for the
project will be Chuck Barone, DNRC Bozeman Unit, (406) 556-4506. The roles and responsibilities of the technical specialist shall include but are not limited to, providing technical assistance to Subrecipient to achieve intended outcomes of the project; conducting reviews of
project plans, activities, and accomplishments upon request of Subrecipient or as often as deemed necessary by the DNRC; and assisting Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. The Subrecipient may contact the DNRC's liaison Erik Warrington, at (406) 542-4303, 2705 Spurgin Road, Missoula, Montana 59804 for guidance related to administration of the terms of this Subaward. All requests for information and assistance shall be submitted to the DNRC liaison, his designee, or the technical specialist. SECTION 4. PROJECT SCOPE. (a) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities under the Program. Allowable activities include fuels reduction and hazard mitigation activities associated with the threat of
wildland fire to the community, (e.g., thinning, brush piling, chipping, prescribed burning, pruning, right-of-way vegetation management, and public education to promote survivable space principles). Additionally, activities associated with homeowner education, fire prevention,
and restoration of fire-adapted ecosystems are allowed.
The key outcome of the project is completion of fuels mitigation on 300-400 acres of city-
owned property within the Sourdough Creek municipal watershed. Fuels reduction
treatments will meet minimum standards of decreasing stand densities by reducing basal area 30-50% or removing up to 50% volume dependent on stand conditions and forest
type. Specific treatments are identified in the city’s forest management plan. Additionally, sub-merchantable ladder fuels will be removed to decrease the potential for high-severity wildfire behavior.
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FY22 – DNRC Forestry Subaward Page 3 of 9
(b) Supporting Documents/attachments. The original, approved proposal, including a description
of the project area, as submitted by the Subrecipient, is attached hereto as Appendix B. In the event content in Appendix B, the original proposal, differs from or is in conflict with terms presented elsewhere in the subaward, the subaward text takes precedence.
SECTION 5. PROJECT BUDGET. Subaward funds are allocated to the following budget categories:
Project Funding Summary:
Direct Costs
Subrecipient salary/wages/benefits $0
Operating Expenses $0
Payments to Landowners (Beneficiaries) $0
Contracted Services $270,000
Subtotal – Direct Costs $270,000
Indirect Costs (0.0%) $0
Total Subaward Amount $270,000
No Match Required $0
Total Project Funding: $270,000
There is no match required for this Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct
costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. Transfers between budget categories are not allowed unless requested by the Subrecipient, approved by DNRC prior to expenditure, and documented in an amendment to the Subaward. Total payment for all purposes under this Subaward shall not exceed Two Hundred Seventy Thousand and no/100 Dollars ($270,000.00).
Subrecipient shall follow all applicable procurement procedures as required in Section 12, Compliance with Applicable Laws, and the applicable Federal Office of Management and Budget (OMB) in the Code of Federal Regulations (CFR) 2 CFR 200 §§ 200.317 – 200.326.
SECTION 6. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to DNRC. Costs
incurred by the Subrecipient on or after April 5th, 2021 may be, upon approval by the DNRC, eligible for reimbursement or may be counted as match funds. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized under this legislation. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if
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FY22 – DNRC Forestry Subaward Page 4 of 9
appropriated funding is reduced or unavailable for any reason. The DNRC will provide Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a
reduction in scope or termination is determined to be necessary due to unavailability of funds. Until the DNRC notifies Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for
eligible expenses incurred by Subrecipient up to the specified date and time provided in a written notice. SECTION 7. DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds to the DNRC liaison, using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix E and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Project Budget in Section 5, that are clearly and accurately supported
by the Subrecipient's records. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward.
A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward date of last signature. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current subaward balances must be
submitted to the DNRC. Request for final disbursement of Subaward funds is due 30 days following the subaward termination date. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e. anticipated expenses are actually
paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements, above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment,
Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must, upon expiration of
this Subaward, be returned to the DNRC. The DNRC may determine the method of submission for disbursement requests. Methods may include requiring paper versions by US Mail, e-mail or state FTP portal transmission for electronic versions, or entry in a registered Subrecipient account in a grant management system. If a required submission method changes during the term of the Subaward, the DNRC will provide thirty (30) days’ notice.
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FY22 – DNRC Forestry Subaward Page 5 of 9
The DNRC may withhold up to ten percent (10%) of the total authorized subaward amount until both the project tasks (outlined in Section 1 and Appendix B) and the Final Report (required by
Section 8) are completed by the Subrecipient and approved by the DNRC. SECTION 8. REPORTS. The Subrecipient shall immediately notify the DNRC of developments
that have a significant impact on the activities supported under this Subaward. Notification must be given in the case of problems, delays or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including requests for scope and/or timeline modifications as provided for below in Section 16, Assignment and Amendment. Quarterly progress reports for the periods ending each March, June, September and December must be submitted to the DNRC during the term of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. The Subrecipient shall report on total project costs, including grant-funded costs, Subrecipient-provided match, and match provided by other sources.
Quarterly reports must be submitted to the DNRC by the last day of the next month following the close of the quarterly period. The first quarter closes December 31, 2021, and the report is due on or before January 31, 2022. The DNRC will review reports for completeness and
accuracy, and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate quarterly reports have been submitted by the Subrecipient. A suggested Quarterly Report format is attached hereto as
Appendix C and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due 30 days following the subaward termination date. The Final Report must include an ArcGIS Shapefile(s) capturing activity polygons for all subaward-related accomplishments. Projects of one (1) acre or greater must be represented as polygon features. Projects less than one (1) acre may be represented as a point feature. Each record must include the following attribute data: subaward #, landowner name, landowner mailing address, and acres treated. Only projects accomplished under this subaward may be
included in the geospatial data submitted; datasets that include accomplishments under other subawards will not be accepted.
Final disbursement of Subaward funds is contingent upon the DNRC’s receipt and approval of the Final Report. A suggested Final Report format is attached hereto as Appendix D and incorporated herein by reference. The DNRC may determine the method of submission for all Quarterly and Final reports. Methods may include requiring paper versions by US Mail, e-mail or state FTP portal transmission for electronic versions, or entry in a registered Subrecipient account in a grant management system. If a required submission method changes during the term of the Subaward, the DNRC will provide thirty (30) days’ notice. SECTION 9. RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other
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transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination or expiration of this Subaward. The DNRC, the Montana
Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with its terms and conditions. SECTION 10. PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including the adequacy of records and accounts. The Subrecipient shall accommodate requests for the DNRC access to the site and records with due consideration for safety, private property rights, and convenience of everyone involved. SECTION 11. EMPLOYMENT STATUS AND WORKER'S COMPENSATION. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure
that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act.
The Subrecipient shall ensure that all employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Subrecipient shall comply with regulations regarding certification and retention of the completed
forms. SECTION 12. COMPLIANCE WITH APPLICABLE LAWS. The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as
Appendix A, and incorporated herein by reference. Per the terms of the federal award, the Subrecipient shall also require all second-tier subrecipients and contractors who will be paid with subaward funds to sign form AD-1048, and subrecipient shall keep completed forms on file.
If the amount of this contract, sub-contract, or sub-grant is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act,
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-
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207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color,
religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities
for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. TRAFFICKING IN PERSONS. Subrecipients under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under
the award. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL
MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding.
In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin,
sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must at
minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.”
SECTION 13. AGENCY RECOGNITION REQUIREMENTS Use of Agency Insignia. Subrecipient shall request in writing permission from the USFS
Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. Subrecipient shall request in writing and receive written permission from the DNRC before using
the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. Public Notices. Subrecipient is encouraged to give public notice of the receipt of this subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or
solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest
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Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.”
Acknowledgment in Publications, Audiovisuals, and Electronic Media. Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and
electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. SECTION 14. COPYRIGHTING AND GOVERNMENT RIGHT TO USE. Subrecipient is granted
sole and exclusive right to copyright any publications developed as a result of this award. The
State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government
purposes. This provision includes any right of copyright to which Subrecipient purchases
ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. SECTION 15. FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and refuse additional disbursements of subaward funds and take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. SECTION 16. ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is
terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. SECTION 17. MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark
County, Montana. SECTION 18. AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties and according to its terms, be extended.
SECTION 19. INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward.
Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising
out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees.
This Subaward is not intended to relieve a liable party of financial or legal responsibility.
14
FY22 – DNRC Forestry Subaward Page 9 of 9
SECTION 20. INSURANCE REQUIREMENTS. General Requirements. The Subrecipient
shall maintain for the duration of this Subaward, at its cost and expense, insurance against claims for injuries to persons or damages to property, including liability, which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or contractors. This insurance shall cover such claims as may be caused by any negligent act or omission.
Specific Requirements for Commercial General Liability. The Subrecipient shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $750,000 per occurrence and $1,500,000 aggregate per year to cover such claims as may be caused by any act,
omission, or negligence of the Subrecipient or its officers, agents, representatives,
assigns or contractors. This Subaward consists of pages 1 – 9, plus the following appendices:
• Appendix A [Form AD-1048]
• Appendix B [Approved Project Proposal]
• Appendix C [Quarterly Report Format]
• Appendix D [Final Report Format]
• Appendix E [Request for Disbursement Form]
• Appendix F [Summary of Work]. The Subrecipient hereby accepts this Subaward according to the above terms and conditions.
__________________ By: ______________________________________________ Date Subrecipient or Subrecipient’s Authorized Representative _____________________________________________ Printed Name
__________________ By: ______________________________________________ Date DNRC Authorized Representative ______________________________________________ Printed Name
__________________ By: ______________________________________________ Date DNRC Director
15
This form is available electronically. Form Approved – OMB No. 0505-0027
Expiration Date: 04/30/2022
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion AD-1048
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations
implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.335, Participants' responsibilities. The regulations were
amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and
civil fraud privacy, and other statutes may be applicable to the information provided.
(Read instructions on page two before completing certification.)
A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency;
B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE(S) DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or
incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint (https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442.
Appendix A
16
Instructions for Certification
(1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in
accordance with these instructions.
(2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension or debarment.
(3)The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You
may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
(5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which
this transaction originated.
(6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.
(8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the
certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/18)
Page 2 of 2
Appendix A
17
Please use the space below to provide a 500-1000 word narrative about your project.
Working Project Title: Sourdough Creek Municipal Watershed Forest Management
Protecting and enhancing municipal water supply resiliency and critical water supply
infrastructure of the City of Bozeman is the over-riding objective of this project. A severe wildfire in the Sourdough Creek municipal watershed will impair water quality of this crucial municipal water supply source, which accounts for 40% of the city’s annual water supply. City
of Bozeman water treatment plant operations can be severely hampered by large amounts of ash
and sediment produced from erosion following wildfire. A safe and dependable drinking water
supply is essential to public health and safety as well as uninterrupted commerce in the City of Bozeman.
The project seeks $270,000 to perform forest treatments on city owned property in Sourdough
Canyon bordered by Custer Gallatin National Forest and private property in the wildland urban
interface. Forest treatments will be strategically performed to protect the city’s existing water supply infrastructure and to produce a forest landscape that is less susceptible to the experience of devastating crown fire. Doing so enhances watershed and water supply resiliency and directly
benefits adjacent private property owners, city water customers, fish and wildlife, the wood
products industry, as well as the diverse array of year-round recreational users that enjoy the
Sourdough Creek watershed. The project specifically addresses State and Private Forest National Themes as well as Focus Areas 1, 2, and 3 of the Montana State Assessment/Forest Action Plan by: 1) conserving working forest landscapes by actively managing forest vegetation; 2) protecting forests from harm by reducing risk of wildfire impacts; 3) enhancing public benefits from trees and forests by protecting and enhancing water quality; 4) producing merchant timber and biomass forest products.
Applicant Information Name of Project Point Person Organization Brian Heaston, PE City of Bozeman Address City State Zip + 4 PO Box 1230 Bozeman MT 59771-1230 Phone Fax Email 406-582-2282 bheaston@bozeman.net Name of Service Forester you will be working with on this project. If you are a service forester or other DNRC staff, please list any partner organizations or project sponsors you will work directly with to develop this proposal. Chuck Barone, DNRC Region 13 Service Forester
Appendix B
18
Ideally, the project will be delivered in conjunction with the Custer Gallatin National Forest’s Bozeman Municipal Watershed project, or BMW project for short. The BMW has been a work in progress for the better part of the past decade but is nearing readiness for implementation. The city has long intended to perform silviculture activities on city-owned property intermingled with the BMW project. A city Forest Management Plan exists that identifies treatment units and methods on city property that dovetail with BMW treatment units. The attached map exhibit shows city lands within the BMW project area. It readily shows the critical positioning of city-owned property particularly within the northern extents of the BMW project area. Key partners in the city’s forest management project include the USFS Custer Gallatin National Forest, the DNRC, and the Gallatin Valley Land Trust. The city and USFS enjoy a long-standing partnership in management of activities and projects in the municipal watershed that is memorialized within a formal Memorandum of Understanding. BMW project work, as well as work on city-owned property, requires close coordination and consistent public communications by the city and USFS as public access to watershed from the Sourdough Canyon trailhead will be restricted during certain portions of project implementation. Coordination and partnership with Gallatin Valley Land Trust is also essential in order to disseminate project-related communications regarding temporary trail closures that directly impact the recreating public. Further partnering opportunities assuredly exist with other local non-profit and recreational user groups although they have not been specifically identified at this stage of the proposal process. Lastly, DNRC is a key partner should LSR funding be granted under this proposal. The city looks forward to working closely with the DNRC to deliver this much-needed project.
Appendix B
19
Working Project Title: Sourdough Creek Municipal Watershed Fuels Management Budget: $300,000 Location: Gallatin County, Montana; City of Bozeman municipal watershed Project Contact: Angela Wells Brian Heaston Montana DNRC City of Bozeman 406.542.4221 406.582.2282 awells@mt.gov bheaston@bozeman.net
Protecting and enhancing municipal water supply resiliency and critical water supply infrastructure of the City of Bozeman is the over-riding objective of this project. A severe wildfire in the Sourdough Creek municipal watershed will impair water quality of this crucial municipal water supply source, which accounts for 40% of the city’s annual water supply. City of Bozeman water treatment plant operations can be severely hampered by large amounts of ash and sediment produced from erosion following wildfire. A safe and dependable drinking water supply is essential to public health and safety as well as uninterrupted commerce in the City of Bozeman. The project seeks $300,000 to perform forest treatments on city owned property in Sourdough Canyon bordered by Custer Gallatin National Forest and private property in the wildland urban interface. Forest treatments will be strategically performed on approximately 300-400 acres to protect the city’s existing water supply infrastructure and to produce a forest landscape that is less susceptible to devastating crown fire. Doing so enhances resiliency of watershed and water supply and directly benefits adjacent private property owners, city water customers, fish and wildlife, as well as the diverse array of year-round recreational users that enjoy the Sourdough Creek watershed. Cross-boundary efforts hinge on the implementation of Custer Gallatin National Forest’s Bozeman Municipal Watershed project (BMW). The BMW has been a work in progress for the better part of the past decade but is nearing implementation. The city has long intended to perform silviculture activities on city-owned property intermingled with the BMW project. A city Forest Management Plan exists that identifies treatment units and methods on city property that dovetail with BMW treatment units. The project specifically addresses State and Private Forest National Themes as well as Focus Areas 1, 2, and 3 of the Montana State Assessment/Forest Action Plan by: 1) conserving working forest landscapes by actively managing forest vegetation; 2) protecting forests from harm by reducing risk of wildfire impacts; 3) enhancing public benefits from trees and forests by protecting and enhancing water quality; 4) producing merchant timber and biomass forest products. Key partners in the city’s forest management project include the USFS Custer Gallatin National Forest, the DNRC, and the Gallatin Valley Land Trust. The city and USFS enjoy a long-standing partnership in management of activities and projects in the municipal watershed that is memorialized within a formal Memorandum of Understanding. BMW project work, as well as work on city-owned property, requires close coordination and consistent public communications by the city and USFS as public access to watershed from the Sourdough Canyon trailhead will be restricted during certain portions of project implementation. Coordination and partnership with Gallatin Valley Land Trust is also essential in order to disseminate project-related communications regarding temporary trail closures that directly impact the recreating public.
Appendix B
20
SUBAWARD AGREEMENT
SUGGESTED QUARTERLY REPORT FORMAT
Enter Name of Organization Here
QUARTERLY REPORT FOR SUBAWARD AGREEMENT NUMBER: xxx - xx - xxx
Reporting period: Select Quarter , Select Year
Agreement termination date: Click to enter/select date
Total acres to be treated (Sect.4 in grant agreement): Enter acres here
Acres Treated # Property Assessments
/ Plans
# Educational Programs
Completed
This Quarter this quarter this quarter this quarter
Enter Narrative Here. A narrative describing project progress, process, challenges, and other pertinent
information is required. If project includes multiple geographic areas, please provide a detailed
description of where project accomplishments occurred (e.g., 20 acres and 10 property assessments
completed in Gold Creek, 1 community meeting held in Potomac, etc.). Include before/after photos and
other representative information to support narrative.
Enter Summary Here. A summary of a monitoring review held with DNRC staff member, as applicable.
Appendix C
21
Subaward Agreement
FINAL REPORT FORMAT
Title Page:
1. Subrecipient’s name, address & telephone numbers.
2.Name, address, and telephone numbers of others who may be contacted concerning the
project if the primary contacts are not available.
3.Funding: Total project cost and amount of subaward.
Introduction:
Describe the project history, project location, and the purpose of the project.
Discussion and Results:
1.Document that project goals, objectives, and tasks identified in the Subaward have been
completed. Copy the project goals, objectives, and tasks verbatim. After listing eachgoal, object, and task, document that they were completed. If any were not completed,explain why. It is very important that you provide evidence that the agreement was
completed as agreed to in Section 4 of the Subaward, Project Scope.
2.Include an ArcGIS Shapefile(s) capturing activity polygons for all subaward-related
accomplishments. Projects 1 acre or greater must be represented as polygon features. Projects less than 1 acre may be represented as point features. Each record must
include the following attribute data: subaward #, landowner name, landowner mailing
address, and acres treated. Geospatial data must be provided only for projects under the current subaward; data including accomplishments under other subawards will not
be accepted.
3.Summarize any problems encountered and solutions adopted. What would you dodifferently?
Public Benefits:
List the anticipated overall public benefits of the project as stated in the grant application. Were these benefits realized? If not, explain why not.
Subaward Administration & Project Costs:
1. Budget
Include a summary of how the monies were spent by budget category and source offunding. Was the project completed according to budget? Explain any cost overruns orsavings. Discuss any unbudgeted expenses that arose over the course of the project.
2.Matching Funds
Identify the matching funds that were to be spent according to the Subaward. Document
that these funds were spent. If not all matching funds were spent, explain why.
Appendix D
22
Grant Agreement Number / Project Name
From (mm/dd/yy):To (mm/dd/yy):
Direct Costs:
Subrecipient Salary/Wages/Benefits $0.00
Operating Expenses $0.00
Payments to Landowners (Beneficiaries)$0.00
Contracted Services $0.00
SubTotal $0.00 $0.00 $0.00 $0.00 $0.00
Indirect Costs:$0.00
TOTAL $0.00 $0.00 $0.00 $0.00 $0.00
Date
Grant balance
remaining
(after this request)
Cumulative match
expenses to date
(if applicable)
Request for Disbursement of DNRC Grant Funds / Financial Status Report
Request for Reimbursement
Grantee Name
Period covered by this request:
Request for Advance
Grantee Representative / Preparer's Signature
Total Grant Budget
by category
(from grant agreement)
Funds received from
DNRC
(before this request)
Disbursement
amount
requested
Revised Aug 2015
Appendix E
23
PROJECT OUTCOMES
Acres Treated: 300-400 Average subaward treatment cost: $550-$735/acre
Property
Assessments/Plans: n/a Educational Programs: n/a
Treatment Prescription: 300-400 forested acres will be treated to meet hazardous fuels
reduction specifications which include: decreasing stand densities by reducing basal area 30-
50%, or removing up to 50% volume dependent on stand conditions and forest type. Specific
treatments are identified in the city’s forest management plan. Additionally, sub-merchantable
ladder fuels will be removed to decrease the potential for high-severity wildfire behavior.
Method of Implementation: The subrecipient will contract the services of a Technical Service
Provider (TSP) to administer all aspects of the mitigation project including the commercial and
non-commercial aspects of the work in order to meet the hazardous fuels mitigation objectives.
Additionally, the services of one or more qualified forestry professionals will be contracted to
accomplish the specific treatment prescription(s) for the project. This may include mechanized
and non-mechanized implementation practices.
Total treatment cost: $270,000.
Restrictions: No work on Federal land.
Appendix F
Sourdough Creek Municipal Watershed Fuels Management
Summary of Work
Project Area: The project area is on city owned property in the Sourdough Creek Watershed
located in central Gallatin and Park counties; adjacent to the community of Bozeman. It is one of
two municipal watersheds which supply the residents of Bozeman with clean potable water.
Key outcome of the agreement: Completion of a hazardous fuels mitigation project on 300-
400 acres of non-federal land within the project area.
Accomplishments:
24
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
SUBJECT:Ratify the City Manager's Signature on a First Amendment to the Grant
Agreement for the ELM Event Venue
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Ratify the City Manager's signature on a first amendment to the grant
agreement for the ELM event venue.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City Commission recently approved Resolution 5336 authorizing Change
Order 4 to the North 7th Ave. Streetscape project. The change order includes
a partial reconstruction of Short St. and N. 6th Ave. to provide for adequate
stormwater drainage and ADA improvements adjacent to The ELM event
center. Stonefly Capital, LLC, the owner of the ELM, agreed to contribute
$40,000 to the improvements and agreed that a reduction of their grant
amount was a reasonable way to make their contribution to the project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Decreasing the grant amount reduces the financial obligations of the
Midtown Urban Renewal District by $40,000.
Attachments:
First Amendment to Grant Agmt.ELM.docx
Report compiled on: September 9, 2021
25
FIRST AMENDMENT TO GRANT AGREEMENT
(ELM)
This FIRST AMENDMENT TO MIDTOWN TIF ASSISTANCE PROGRAM GRANT
AGREEMENT (this “First Amendment”) is dated as of [______________], 2021 by and
between STONEFLY CAPITAL, LLC (the “Grantee”), and the CITY OF BOZEMAN,
MONTANA (the “Grantor”). This First Amendment amends the Midtown TIF Assistance
Program Grant Agreement dated February 23, 2021 (the “Original Agreement”), by and between
the Grantee and Grantor, and capitalized terms used herein and not otherwise defined have the
meanings given such terms in the Original Agreement.
RECITALS:
WHEREAS, pursuant to the Original Agreement, the Grantor agreed to provide a grant to
Grantee in the amount of $233,000 to reimburse the Grantee for certain eligible costs of the
Project, subject to the terms and conditions in the Original Agreement; and
WHEREAS, the Grantee has since agreed to contribute $40,000 to the partial
reconstruction of Short Street, adjacent to the Project, to improve stormwater drainage in the area
(the “Short Street Reconstruction”), which benefits the Project; and
WHEREAS, the parties desire to amend the Original Agreement to provide that a portion
of the grant awarded pursuant to the Original Agreement be retained by the Grantor and applied
to pay costs of the Short Street Reconstruction.
NOW, THEREFORE, the Grantor and Grantee agree as follows:
Section 1.Additional Recital. At the end of the recitals in the Original Agreement,
immediately prior to “THE PARTIES AGREE,” the following recital is added:
“WHEREAS, the Grantor desires to contribute $40,000 to the partial reconstruction of Short
Street, adjacent to the Project, to improve stormwater drainage in the area (the “Short Street
Reconstruction”), which benefits the Project.”
Section 2.Section 1. Section 1 of the Original Agreement is hereby amended to read
as follows in its entirety:
“1. The Grant. The City, through the Board, will grant to the Grantee two hundred
thirty three thousand dollars ($233,000), of which (i) $40,000 shall be retained by the
City and applied to pay costs of the Short Street Reconstruction, and (ii) $193,000 shall
be released to Grantee pursuant to the payment terms in Section 3.”
Section 3.Written Agreement. This First Amendment is made by written agreement
signed by both parties as provided in Section 12 of the Original Agreement. Except as amended
hereby, the Original Agreement shall remain unamended, and shall continue in full force and
effect as amended by this First Amendment.
26
Section 4.Consent to Electronic Signatures. The parties have consented to execute
this instrument electronically in conformance with the Montana Uniform Electronic Transactions
Act, Montana Code Annotated, Title 30, Chapter 19, Part 1.
[Remainder of page intentionally left blank]
27
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to Grant
Agreement to be executed as of the date first set forth above.
CITY OF BOZEMAN, MONTANA
By:_______________________________________
Its: City Manager
[Signature Page to First Amendment to Grant Agreement]
28
STONEFLY CAPITAL, LLC
By:
Its:
[Signature Page to First Amendment to Grant Agreement]
29
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Scott Shirley, Interim Public Works Director
Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Notice of Award to R&R Conner
Aviation, LLC for the Phase 2 Sourdough Fuels Reduction Project, and
Contract Documents Once Received
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a notice of award to R&R Conner
Aviation, LLC for the Phase 2 Sourdough Fuels Reduction Project, and
contract documents once received.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City’s Sourdough Fuels Reduction Project is a component of the overall
Bozeman Municipal Watershed Project – a cooperative effort between the
City and U.S. Forest Service to reduce the severity and extent of wildfire in
the Hyalite and Sourdough municipal watersheds. The City’s Sourdough
efforts target various fuels reduction activities on 380 acres of City-owned
land surrounding the Sourdough municipal water supply intake. This intake
provides approximately 40% of the City’s municipal water supply.
Phase 2 of the Sourdough Fuels Reduction Project is comprised of helicopter
logging of timber on approximately 80 acres of land laid out within 25
discrete fuels treatment units by Peck Forestry Inc, the City’s professional
consultant forester. Please note that the timber contract for Phase 1 of the
project was authorized by the City Commission on June 22, 2021.
The Phase 2 helicopter timber service contract was publicly advertised by the
City. Bids were opened on September 8, 2021. One bid was received: that
from R&R Conner Aviation, LLC with a total bid price of $378,824.60. The
City’s professional consultant forester has confirmed that the R&R Conner
has adequate equipment, experience, and personnel to complete the project
according to the terms of the helicopter timber service contract and
recommends award.
UNRESOLVED ISSUES:None.
30
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The bid price for the Phase 2 Sourdough Fuels Reduction Project is
$378,824.60. The actual contract project cost is based on actual weight, in
tons, of timber removed under the contract and may vary, up or down, from
the bid price.
The project is funded by Water Fund CIP Project No. W63, providing $400k,
along with $270k in grant monies from the Montana Department of Natural
Resources and Conservation. Please note that the grant agreement for these
grant funds is placed on this September 21, 2021 consent agenda concurrent
with this Notice of Award. CIP Project W63 has existing contractual
obligations of $122,992.00, leaving a remaining unobligated balance of
$277,008.00. Deducting the grant funds from the bid price, the CIP Project
No. W63 will contribute $108,824.60, leaving a remaining unobligated
balance of $168,183.40.
Sufficient funding is available to award the Phase 2 contract.
Attachments:
Bid Tab & Bid Form
NOTICE OF AWARD
Report compiled on: September 9, 2021
31
Name:Address Affirmation Form:Bid Deposit Sawlogs Per Unit Other Materials Per Unit Total Bid Price
R&R Conner Aviation PO Box 313 Conner MT 59827 Yes Yes $51.32 $85.00 $378,824.60
Mike Maas Jesse DiTommaso Brian Heaston
City Clerk Deputy City Clerk Engineer
Bid Check #:Delivered to Finance:Accepted By:Date:
115039 9/8/21 By Mike Maas Bernie Massey 9/8/2021
Sourdough Fuels Reduction Phase 2
These bids were opened and read before the undersigned at 2:00 pm on Wednesday, July 8, 2021.
DocuSign Envelope ID: 2C046C2E-EC1B-4999-B151-D18DBB2CDD74
32
33
NOTICE OF AWARD
Date of Issuance: September 21, 2021
Owner: City of Bozeman
Forest Officer: Peck Forestry, Inc.
Contract: Phase 2 Sourdough Fuels Reduction
Bidder: R&R Conner Aviation LLC
Bidder’s Address: P.O. Box 313, Conner, MT 59827
The City of Bozeman has accepted your Bid dated August 20, 2021, which was opened by the
City of Bozeman on September 8, 2021 for the above Contract. You are hereby notified that you
are the Successful Bidder and are awarded a Contract for:
Phase 2 of the Sourdough Fuels Reduction Project, located within E1/2 SE1/4 Section 7, W1/2 Section 17,
and E1/2 Section 18 T3S R6E on City of Bozeman property. Approximately 5,449 tons of Douglas‐fir
sawlogs and 956 tons of Lodgepole Pine sawlogs are Service Contracted for helicopter removal along with
approximately 472 tons of merchantable non‐sawlog Other Material. The Other Material largely consists
of down or standing dead Lodgepole Pine of merchantable quality. The contract also includes a road
maintenance package.
The Contract Price of the awarded Contract is $378,824.60. Payment shall be issued by the City
of Bozeman pursuant to provisions of the Helicopter Timber Service Contract.
Pursuant to the Bid Form signed and dated by the Bidder on August 20, 2021, within 30 days
from the date of this Notice of Award, the Bidder shall:
1. Execute the Helicopter Timber Service Contract.
2. Furnish a satisfactory performance bond as required by the Contract.
3. Provide proof of insurance required by the Contract.
Failure to comply with these conditions within the time specified will entitle City of Bozeman to
consider Bidder in default, annul this Notice of Award, and declare the Bid security provided
with the Bid forfeited.
City of Bozeman
By: (signature)
Name (printed) Jeff Mihelich
Title: City Manager
34
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Temporary Right-of-way Agreement
and Temporary Construction Permit for Construction of Improvements to
Story Mill Road - Parcel 3 (2511N LLC and 2332 LLC)
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a temporary right-of-way agreement and
temporary construction permit needed for the City to install improvements
to Story Mill Road - Parcel 3 (2511N LLC and 2332 LLC).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:By adopting the City of Bozeman Capital Improvement Plan the City
Commission has directed staff to install improvements to Story Mill Road. In
order to carry out that direction it is necessary to acquire Right-of-Way. The
attached documents, which have been executed by the property owners, are
the result of those efforts and are necessary to the completion of that
project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total cost of this acquisition is $500.00 which will be paid for using the
Street Impact Fee Fund.
Attachments:
Story Mill Road Temp ROW Agree and Temp Const Permit.pdf
Report compiled on: September 9, 2021
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Parks Planning and Development Manager
Mitch Overton, Parks and Recreation Director
Chuck Winn, Assistant City Manager
SUBJECT:
Authorize the City Manager to Sign a License Agreement for the Use of City
Property by Headwaters Community Housing Trust and Langlas Associates,
Inc.
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a l icense agreement for the use of city
property by Headwaters Community Housing Trust and Langlas Associates,
Inc.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Headwaters Community Housing Trust is developing Bridger View
Development Project adjacent to Story Mill Community Park and a linear
park along Story Mill Road and have contracted with Langlas as its general
contractor and may contract with others to provide construction and related
services for the project. Applicants seek permission to perform grading
within each park parcel to facilitate a more gradual slope between
properties and construction of a sidewalk in the linear park to connect the
development to pathway along Story Mill Road. The attached license
agreement describes the extent of disturbance, restoration and other terms
to ensure the park properties are not unduly impacted during the project
and are returned to useable conditions promptly. Staff supports the project
because it improves the transition between the private development and
the park properties.
This use agreement replaces a previously approved agreement between
HCHT and the City. Including Langlas in the agreement avoids repetitive
insurance coverage.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Per Commission.
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FISCAL EFFECTS:None.
Attachments:
F7. License Agreement - Use of City Property - Headwaters
Community Housing Trust.pdf
ExhibitC_BV PARK GRADING.pdf
Exhibit A_StoryMillRdLinearPark-LegalDescription.pdf
Report compiled on: May 17, 2021
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License Agreement with HCHT and Langlas for Bridger View Redevelopment Page 1 of 12
AFTER RECORDING PLEASE RETURN TO:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY HEADWATERS COMMUNITY HOUSING TRUST
This License Agreement (the “Agreement”) is entered into on September 21, 2021 between the
City of Bozeman, a self-governing municipality operating pursuant to its Charter and the laws of
the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”)
Headwaters Community Housing Trust, with a mailing address of P.O. Box 12013, Bozeman MT
59719, and Langlas and Associates, Inc, with a mailing address of 1019 E. Main Street, Ste.1,
Bozeman, MT 59715 (“Licensees” or “HCHT and Langlas” and collectively with the City, the
“Parties”).
In consideration of Licensees’ promises herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Purpose. The City owns the real properties described within the Quitclaim Deed
attached as Exhibit A (“Linear Park”) and the legal description in Exhibit B (“Parcel 4 of Story
Mill Community Park” and together with the Linear Park, “City Properties” or “Park Properties”)
and agrees to authorize Licensees to access a portion of the Park Properties for purposes of
completing certain alterations and improvements to HCHT’s property adjacent to the Park
Properties pursuant this Agreement and HCHT’s approved plans for the Bridger View
Redevelopment Planned Unit Development, Application 19464 (“PUD”). The alternations of and
improvements to the Park Properties consists of the following:
Grading within the Park Properties, sidewalk installation within Linear Park as
depicted in Exhibit C, and other work needed to facilitate coordination between
Bridger View Development, Story Mill Road construction project, and other City
projects.
(the “Alterations and Improvements”).
2. Description of Licensed Property. The portions of the Park Properties subject to
this Agreement consist of the real property as depicted as the shaded area shaded in Exhibit C
(“Licensed Properties”).
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License Agreement with HCHT and Langlas for Bridger View Redevelopment Page 2 of 12
3. Title. Licensees hereby acknowledge this Agreement grants a privilege and not an
interest in the Licensed Property and the title of the City to the Licensed Properties, and Licensees
agree never to deny such title or claim, at any time, or claim any interest or estate of any kind or
extent whatsoever in the Licensed Properties by virtue of this Agreement or Licensees’ occupancy
or use hereunder. The City may enter the Licensed Properties at any time to assert its real property
interest or for other purposes which do not unreasonably interfere with the activities of the
Licensees authorized by this Agreement.
4. License for Construction and Installation of Improvements; Term. The City
hereby grants permission, revocable and terminable as provided herein, during period
commencing on the Effective Date and expiring on July 31, 2022 on the terms and conditions set
forth herein, which Licensees promise to comply with and abide by to Licensees for Licensees’
fulfillment of the obligations as stated in this Agreement and/or the conditions of the PUD,
which Licensees promise to comply with and abide by (the “Use License”). The Use License
consists of permission for Licensees, their contractors, subcontractors and other entities
contracted with or hired by Licensees to use the Licensed Property and no other portion of the
Park Properties for only the purposes as stated herein. Construction of Improvements not in
compliance with the infrastructure plan shall be considered a breach of the Use License.
The term of the Use License may be extended by mutual agreement of the Parties in writing. The
City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use
License.
Title to all permanent improvements on the Park Property(ies) and on public rights-of-way
adjacent to the Park Property(ies) made by Licensees or their agents shall vest in the City, free and
clear of all debts, liens and encumbrances.
5. Indemnification/Insurance.
a. To the fullest extent permitted by law, Licensees, recognizing they exercise
their privileges under this Agreement at their own risk, shall release, and shall
protect, defend, indemnify, and hold harmless the City and their agents,
representatives, employees, and officers from and against any and all claims,
demands, actions, fees and costs (including attorney’s fees and the costs and
fees of expert witness and consultants), losses, expenses, liabilities (including
liability where activity is inherently or intrinsically dangerous) or damages of
whatever kind or nature connected therewith and without limit and without
regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City, occasioned
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License Agreement with HCHT and Langlas for Bridger View Redevelopment Page 3 of 12
by, growing or arising out of or resulting from or in any way related to: (i) the
occupation or use of the Licensed Property by Licensee; (ii) the negligent,
reckless, or intentional misconduct of the Licensee, their officers, employees,
or agents on or related to the Licensed Property; and (iii) any negligent,
reckless, or intentional misconduct of any of the Licensees’ guests, invitees,
contractors, or subcontractors on or related to the Licensed Property.
Such obligation shall not be construed to negate, abridge, or reduce other rights
or obligations of indemnity that would otherwise exist as to an indemnitee
described in this Section. The indemnification obligations of this Section must
not be construed to negate, abridge, or reduce any common-law or statutory
rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s).
Licensees’ indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against
the Licensees to assert their right to defense or indemnification under this
Agreement or under the Licensees’ applicable insurance policies required
below the indemnitee shall be entitled to recover reasonable costs and attorney
fees incurred in asserting their right to indemnification or defense but only if a
court of competent jurisdiction determines the Licensees was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s)
or any portion(s) thereof.
In the event of an action filed against the City, the City may elect to represent
itself and incur all costs and expenses of suit.
The obligations of this Section 5(a) shall survive termination of this Agreement.
b. In addition to and independent from the above, during the term of this
Agreement Licensees shall at Licensees’ expense maintain those insurances as
may be required by City as set forth below through an insurance company or
companies duly licensed and authorized to conduct business in Montana which
insures the liabilities and obligations specifically assumed by the Licensees in
Section 5(a). The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Licensees in Section 5(a).
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Within ten (10) days following execution of this Agreement, Licensees shall
provide City with proof of such insurance in the form of a certificate of
insurance, the insuring agreement and all applicable endorsements
demonstrating that such insurance is in full force and effect and shall provide
such proof when requested by the City thereafter during the term of this
Agreement. The City may require additional evidence of the nature and scope
of the insurance required herein.
Licensees shall ensure such required insurance coverage is timely renewed so
that there is no lapse in coverage during the time such insurance must remain
in place. Licensees shall notify the City within two (2) business days of
Licensees’ receipt of notice that any required insurance coverage will be
terminated or Licensees’ decision to terminate any required insurance coverage
for any reason.
The insurance and required endorsements must be in a form suitable to the City.
c. Licensees shall obtain the following type of insurance in the amount indicated:
• Workers’ Compensation: not less than statutory limits; and
• Employers’ Liability: $1,000,000 each occurrence; $2,000,000 annual
aggregate;
• Commercial General Liability: $1,000,000 per occurrence; $2,000,000
annual aggregate;
• Automobile Liability: $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate;
• Additional coverage as may be reasonably required by the City from time
to time.
For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be
endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability and Automobile Liability policies.
6. Construction/Restrictions/Repair and Maintenance.
a. Licensees shall, at their sole cost and expense, install and maintain in good
condition a barrier fence or other suitable and customary barrier around the
perimeter of any portion of the Licensed Property under construction by
Licensee. The barrier shall be installed pursuant to a plan, approved in advance
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License Agreement with HCHT and Langlas for Bridger View Redevelopment Page 5 of 12
by the City’s Director of Parks and Recreation, or its designee. Any such barrier
shall be provided for in a manner to ensure emergency responders’ access.
b. Licensees shall, at their sole cost and expense, incorporate the Licensed
Properties into any environmental permits required for the Project including
management of a Stormwater Pollution Prevention Plan until the time the
disturbed ground is restored.
c. For the use of any public rights-of-way or any real property of the City other
than the Licensed Property the Licensees shall obtain an encroachment permit
from the City’s Director of Public Works or other applicable approvals.
d. Licensees shall keep the adjacent private and public properties including streets,
alleys, and sidewalks free from construction debris and other materials stored
or located on the Licensed Property. Sediment, rock, mud, and other debris
entering upon public or private property outside the Licensed Property from the
Licensees’ project shall be cleaned or removed immediately.
e. Licensees agree to immediately repair any damage caused by Licensees, their
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets,
curbs, sidewalks, and other infrastructure to, for public infrastructure, the
current City standard for that infrastructure and, for privately owned
infrastructure, to a condition acceptable to the owner of such private
infrastructure. Licensees agree to timely comply with any request of the City
to perform maintenance and repairs to streets, curbs, sidewalks and other
infrastructure damaged by Licensees or Licensees’ agents, invitees, guests,
contractors, or subcontractors.
f. Any damage to the Park Properties and the Licensed Property shall be repaired
to a condition acceptable to the City. Maintenance or repair work to the Property
shall be performed to the City’s reasonable satisfaction.
7. Waste, Nuisance, and Unlawful Use Prohibited. Licensees shall not commit, or
suffer to be committed, any waste on the Park Properties or the Licensed Property, nor shall
Licensees maintain, commit, or permit the maintenance of any nuisance on the Park Properties or
the Licensed Property or use the Licensed Property for any unlawful purpose. Licensees shall not
do or permit anything to be done in or about the Park Properties or the Licensed Property which
shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and
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License Agreement with HCHT and Langlas for Bridger View Redevelopment Page 6 of 12
use of the Park Properties or Licensed Property, which are or may hereafter be enacted or
promulgated by any public authority.
8. Hazardous Materials. Licensees agree and represent that they shall not store or
dispose of on the Licensed Property any “Hazardous Materials” as defined by Federal, State or
local law as from time to time amended.
9. Signage. Licensees, nor any of their agents, may not install any signage except as
authorized pursuant to the PUD or as may otherwise be approved by the City’s Representative.
11. Restoration.
a. Within 30 days upon completion of the Licensees’ use of the Licensed Property
or within 30 days of termination of this Agreement pursuant to Section 12,
whichever is earlier, and under no circumstances later than July 31, 2022, the
Licensees shall cause the Licensed Property (and any portion of the Park
Properties disturbed by Licensees’ activities) to be fully restored to the
condition existing at the date of execution by the City. Restoration is at the
discretion of the City and may include but is not limited to grading and repairs
to failed sub-grade; reconstruction of accesses, fencing, and existing water
systems, as applicable; installation of ground cover as specified by the Parks
Superintendent or City Representative; and installation of temporary water
system or application of water sufficient to stabilize the area disrupted. In
addition, Licensees shall restore damagetheyor their agents, invitees, guests,
hires, contractors or subcontractors cause to other public or private
infrastructure adjacent to the Licensed Property to a condition as good or better
than existed prior to Licensees’ occupation of the Licensed Property. All work
to restore the Licensed Property shall comply with applicable building codes
and the City’s design and construction standards, except to the extent that the
Existing Condition, as explained below, does not comply with such codes and
standards. Licensees may be required to enter into a contract with the City for
such work. Licensees may cause their contractors or other agents to conduct
such restoration but in no case shall Licensees be relieved of their obligation
under this Section until such restoration is accepted by the City.
b. Unless waived by the City Representative, prior to Licensees occupying the
Licensed Property, the City’s Representative and Licensees shall perform an
inspection of the Licensed Property and adjacent public and private
infrastructure with video and/or photographs to record the condition of the
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Licensed Property and/or public or private infrastructure (the “Existing
Condition”).
c. The City retains the right to approve any plans for and to inspect work done
under this Section.
d. The City and Licensees may enter into an agreement prior to the expiration of
the term of this Agreement or prior to the end of Licensees’ occupation of the
Licensed Property regarding restoration of the Licensed Property to a condition
different from the Existing Condition. Such agreement may address: (i)
improvements to the Licensed Property in addition to or different than the
Licensees’ obligations for restoration/repair under this Agreement; (ii) the
City’s contribution of funds to such improvements, if any; and (iii) other duties
and obligations of the Licensees regarding restoration and repair of the Licensed
Property. Nothing in such an agreement will reduce the obligations of Licensees
under this Agreement.
e. Site Restoration Security. The Licensees must provide the City security for
Licensees’ restoration requirement through a form acceptable to the Bozeman
City Attorney. Licensees may provide a cash deposit, a letter of credit, or obtain
a good and sufficient site restoration performance bond payable to the City of
Bozeman. The security shall be for the complete restoration of the Site as
required by this Section in an amount equal to twenty thousand dollars
($20,000.00). Such security shall be conditioned on the City’s determination
whether required restorations have been satisfactorily completed.
Licensees may substitute such security upon a written requested directed to the
City’s Representative and upon approval by the Bozeman City Attorney.
Release of the security to Licensees upon satisfaction of their restoration
obligations shall be upon written request of the Licensees providing the security
and must be authorized in writing by the City’s Representative.
12. Termination. If Licensees fail to comply with any condition of this Agreement at
the time or in the manner provided for, the City may, at its option, terminate this Agreement and
be released from all obligations if the Licensees’ default is not cured within sixty (60) calendar
days after written notice of the default is provided by the City to the Licensees. Said notice shall
set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed
to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any
default may result in an order by the City’s Representative for the Licensees to pay a fine.
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13. Due Diligence. Licensees shall at all times exercise due diligence in the protection
of the City’s Park Properties and the Licensed Property against damages.
14. Non-discrimination and Equal Pay. The Licensees agree that all hiring by
Licensees of persons performing this Agreement shall be on the basis of merit and qualifications.
The Licensees will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Licensees
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Licensees shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Licensees represent they are, and for the term of this Agreement will be, in compliance
with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). Licensees must report to the City any violations of the Montana Equal Pay Act
that Licensee has been found guilty of within 60 days of such finding for violations occurring
during the term of this Agreement.
Licensees shall require these nondiscrimination terms of their sub-licensees providing
services under this Agreement.
15. Amendment. This Agreement represents the entire understanding between the
Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any
amendment or modification of this Agreement or any provision herein shall be made in writing or
executed in the same manner as the original document and shall after execution become a part of
this Agreement.
16. Assignment. Licensees may not assign this Agreement in whole or in part and may
not sublet all or any portion of the Property without the prior written consent of the City. No
assignment will relieve Licensees of their responsibility for the performance of the Agreement
(including their duty to defend, indemnify and hold harmless). This license shall not run with the
land.
17. Waiver of Claims. Licensees waive all claims against City for injury to persons or
property on or about the Property or from their use of the Licensed Property. It shall be understood
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that the responsibility for protection and safekeeping of equipment and materials on or near the
Property will be entirely that of the Licensees and that no claim shall be made against the City by
reason of any act of an employee, officer, or, agent of the City or any trespasser.
18. Representatives.
a. City’s Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin, Parks Planning and Development Manager, or her successor or
designee. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that
in exigent circumstances when City’s Representative is not available, Licensees
may direct their communication or submission to other City personnel or agents
and may receive approvals or authorization from such persons.
b. Licensees’ Representative. The Licensees’ Representative for the purpose of this
Agreement shall be Michael Brown, Executive Director, HCHT. Whenever
direction to or communication with Licensees is required by this Agreement, such
direction or communication shall be directed to Licensees’ Representative;
provided, however, that in exigent circumstances when Licensees’ Representative
is not available, the City may direct its direction or communication to other
designated employees or agents of Licensees.
19. Permits. Unless otherwise agreed to in writing by the parties, Licensees shall
provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
20. Intoxicants; DOT Drug and Alcohol Regulations. Licensees shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the
Licensed Property. Licensees acknowledge awareness of and shall comply with their
responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have
the right to request proof of such compliance and Licensees shall be obligated to furnish such
proof. The City may order removal from the Licensed Property of any employee or agent of
Licensees or any of their subcontractors for use of intoxicants on the Licensed Property.
21. Liens and Encumbrances. Licensees shall not permit any liens or encumbrances
to be filed on the Park Properties or the Licensed Property related to either the Licensees’ use of
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the Licensed Property or the Licensees’ actions pursuant to this Agreement. Prior to the expiration
of this Agreement or termination by the City or Licensees as provided herein Licensees must
furnish the City with satisfactory proof that there are no outstanding liens or encumbrances in
connection with the Licensees’ use of the Licensed Property.
22. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in
the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty
(30) days from the date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival. Licensees’ indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
24. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
25. Waiver. A waiver by City of any default or breach by Licensees of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
26. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
27. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
28. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
29. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party except the City.
30. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
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31. Authority. Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
32. Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement Licensees shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by Licensees at all times will be considered the agents, employees, or
independent contractors of Licensees and at no time will they be the employees, agents, or
representatives of the City.
33. Integration. This Agreement constitutes the entire agreement of the Parties.
Covenants or representations not contained therein or made a part thereof by reference, are not
binding upon the parties. There are no understandings between the parties other than as set forth
in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement
by reference.
34. Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Licensees. A copy of this recorded
agreement shall be provided to the City’s Representative.
35. Consent to Electronic Signatures. The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
########### End of Agreement except for signatures ###########
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Executed this _____ day of __________________, 20___.
City:
By: _____________________
Jeff Mihelich
Bozeman City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Jeff Mihelich, as City Manager for the City of Bozeman, Montana.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL) Residing in________________________________
My Commission Expires:_____________________
Headwaters Community Housing Trust
By: _______________________
_______________________ (Print Name)
_______________________ (Title)
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
_____________________, as ______________________ of HCHT.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL) Residing in________________________________
My Commission Expires:_____________________
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Langlas and Associates, Inc
By: _______________________
_______________________ (Print Name)
_______________________ (Title)
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
_____________________, as ______________________ of Langlas and Associates, Inc.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL) Residing in________________________________
My Commission Expires:_____________________
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Exhibits - License Agreement with HCHT and Langlas for Park Properties Adjacent to Bridger View Redevelopment
EXHIBIT A
(Legal Description of Linear Park as described in
Quitclaim Deed within Film 152 Page 2244 of the records of the
Gallatin County Clerk and Recorder Office in Bozeman, Montana)
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Exhibits - License Agreement with HCHT and Langlas for Park Properties Adjacent to Bridger View Redevelopment
EXHIBIT B
(Legal Description of Parcel 4 COS 2865 Story Mill Community Park)
Parcel 4 of Certificate of Survey 2865 Located in Section 31, Township 01 South, Range 06
East, P.M.M, City of Bozeman, Gallatin County, Montana.
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Exhibits - License Agreement with HCHT and Langlas for Park Properties Adjacent to Bridger View Redevelopment
EXHIBIT C
(Depiction of Licensed Areas within Park Properties)
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PHASE 1PHASE 3PHASE 1PHASE 2PHASE 1PHASE 2PHASE 2PHASE 3STORY MILLSPUR TRAILSTORY MILL COMMUNITY PARKCITY OFBOZEMANPROPERTYSTORY MILL ROAD (60' ROW & 30' ESMT)BRIDGER DRIVE (Aka Hwy 86) - (110' ROW)HILLSIDE LANE(60' ESMT)HILLSIDE LANE (64' ROW)FLOURHOUSECOURTMILLWORKSCOURTLOT 56LOT 53LOT 49LOT 46LOT 21LOT 40LOT 35LOT 23LOT 13LOT 26LOT 27LOT 4LOT 16LOT 19LOT 47LOT 12LOT 44LOT 43LOT 39LOT 22LOT 38LOT 31LOT 33LOT 42LOT 2LOT 41LOT 37LOT 10LOT 9LOT 32LOT 29LOT 30LOT 5LOT 7LOT 8LOT 52LOT 55LOT 57LOT 54LOT 51LOT 50LOT 48LOT 45LOT 17LOT 25LOT 14LOT 15LOT 11LOT 20LOT 24LOT 36LOT 34LOT 1LOT 6LOT 3LOT 28HILLSIDE GREENHILLSIDE GROVEPHASE 2PHASE 3BLOCK 1BLOCK 2BLOCK 3BLOCK 4PATH TO THE "M"PARKSIDE WALKMILLWORKS ROW
FLOURHOUSE WAY (30' ROW)BLUE SILOS WAY (30' ROW)BLUE SILOSCOURTMILLWORKS WAY (30' ROW)ADDITIONAL ROW 1976 SFLOT 18LOTC-1LOTC-2LOTC-4LOTC-5LOTC-3LOTC-6OS 1OS 5OS 6OS 3OS 4OS 7OS 7OS 8OS 7C5.0PROFESSIONALENGINEERS &SURVEYORSBRIDGER VIEW STAHLYENGINEERING& ASSOCIATESHRDC
BOZEMAN MONTANA
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Memorandum
REPORT TO:City Commission
FROM:Dani Hess, Neighborhoods Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Memorandum Of Understanding
Between the City of Bozeman and Montana State University for
Collaborative Coursework Projects through the Community-engaged And
Transformational Scholarship (CATS) Program
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign a memorandum of understanding
between the City of Bozeman and Montana State University for collaborative
coursework projects through the Community-engaged and Transformational
Scholarship (CATS) Program.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The CATS program was initiated in 2018 as a pilot to test a framework that
would allow large-scale university-agency collaborations on a yearlong basis.
Following a successful 1 year pilot in 2018-2019, a three-year MOU was
signed in 2019. The MOU for approval here is to establish another 3 year
collaboration between MSU and the City of Bozeman.
Since its inception in 2018, the Community-engaged And Transformational
Scholarship program has engaged over 400 Montana State University
students across 6 colleges and 12 departments. Over 20 city staff have
participated in these course-based collaborations, soliciting student skills
and insight to design innovative solutions for day to day programming and
practices and research big questions to help city staff envision the future of
their work in our community. The program has provided a sustainable and
supportive framework for partnership and collaboration between MSU and
the City of Bozeman. Staff have developed ongoing relationships with
faculty, and received deliverables that fill needs in their areas of work:
“We received a high-quality product that can be used now and in the
future on our website and social media.”
“Partnering with MSU through the CATS program provides the
students invaluable “real life” professional experiences and in return
the community benefits from their creativity and unique perspective.
(City of Bozeman staff responses from 2020 CATS program evaluation
66
survey)
Students have gained insight into how they can participate in engagement
processes that shape their communities, and developed new skills and
opportunities through interactions with city officials, staff, and community
partners:
“I think I developed better skills for professional written and oral
communication, and this project helped me understand how
challenging and time-consuming community outreach really is.”
“Getting to use new technology was really great; also getting to work
directly with people from the City made the project feel like it had
importance.”
(MSU student responses from 2020 CATS program evaluation survey)
For the Fall 2021 semester, the CATS program is supporting four course-
based collaborations:
Tending and Growing Community Gardening Programs: A cross-
community review - Mary Stein from MSU's Sustainable Foods and
Bioenergy Systems program and Kelley Jazdzewski from Bozeman
Parks & Recreation
Optimizing Water Treatment Formulas - Craig Woolard and Ellen
Lauchnor from MSU Engineering and Jill Miller from Bozeman Water
Treatment Plant
Planning Communication Tools and Models for Sustainable
Development Codes - Sarah Church from Geography and Planning and
Sarah Rosenberg from Planning & Dani Hess from Bozeman
Neighborhoods Program
Stories of Neighborhood Resiliency - Lucia Ricciardelli from MSU Film
and Photography and Dani Hess from Bozeman Neighborhoods
Program
For descriptions of past projects and program metrics, please visit
wrtwc.org/partnerships/cats
UNRESOLVED ISSUES:NA
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The City of Bozeman provides up to $21,500 annually for the membership
dues for the EPIC-N network, for the costs of project materials and
deliverables, and staff time associated with the campus counterpart's time
to facilitate course-based collaborations and provide administrative support
for the program.
Attachments:
MOU City-MSU for CATS program 2021-2024.docx
Report compiled on: September 2, 2021
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Page 1
MEMORANDUM OF UNDERSTANDING
between
MONTANA STATE UNIVERSITY and CITY OF BOZEMAN
for Collaborative Coursework Projects through the
Community-Engaged and Transformational Scholarship (CATS) Program
This Memorandum of Understanding for collaborative coursework projects (“MOU”) is by
and between the City of Bozeman (“City”) and Montana State University (“MSU”); each entity
referred to as a “Party” to this MOU, and together these entities are referred to as the
“Parties.”
WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership
serving the community; and
WHEREAS the City and MSU desire to collaborate on various coursework projects
(“Projects”) by teaming City staff and MSU students and faculty from multiple academic
disciplines using the Epic-N model; and
WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to
budget approval by the City Commission, and MSU intends to create opportunities for its
students to participate and earn university credit; and
WHEREAS this MOU outlines the roles, responsibilities and cost-share of the Parties, and is
intended to be flexible and may be amended from time to time as necessary and agreed to by
the Parties.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Term. This MOU will commence on the date last signed, and will terminate on June 30,
2024. The term may be extended for additional two-year terms by mutual written
agreement of the Parties.
2. Project Memoranda of Collaboration (“MOC”). Each Project will be described on a
separate Project MOC, signed by the Parties, a template of which is attached hereto as
Exhibit A. Each Project MOC will describe the specific services to be performed by and
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Page 2
responsibilities of the Parties for that Project, including:
Description and purpose of the Project;
Identified Project objectives and deliverables;
Timeline and major milestones;
Specific responsibilities of the City and MSU;
Project costs and allocation;
City and MSU Project-specific contact information;
Any additional terms the Parties agree to include for the specific Project.
In the event of a conflict between an MOC and this MOU, the terms in the MOC will control.
The MOC(s) will be incorporated herein and subject to the terms of this MOU.
3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in
writing, signed and dated by each.
4. Termination. Either Party may terminate this MOU at any time by providing written notice
to the other Party.
5. Ownership of Deliverables. Each party shall retain ownership of its own work product.
Each party hereby grants to the other parties a non-exclusive, royalty free, worldwide
perpetual license to use, copy, and distribute any work product and information provided
that party pursuant to this MOU for any lawful purpose.
6. Advertising. Either Party may advertise or share information concerning the Projects in any
form and with any media without the consent of the other Party.
7. Relationship of the Parties. The Parties agree MSU’s faculty, students, agents, employees,
and consultants performing the tasks described in MOCs are not to be considered
employees of the City for workers compensation or any other purpose, and are not subject
to the terms and provisions of the City’s employee handbook. The City acknowledges and
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Page 3
agrees that the projects will be performed by enrolled students under the supervision of
faculty for academic credit. The students are not professionals and MSU makes no
representation that the services provided under particular MOCs are professional services
provided by independent contractors. The projects are undertaken to provide students
practical experience as part of the graduate or undergraduate educational experience.
8. Indemnification. Each party hereto agrees to be responsible and assume liability for its
own wrongful or negligent acts or omissions, or those of its officers, agents or employees to
the full extent required by law.
9. Insurance. The City will maintain insurance coverage for personal injury and property
damage suffered by City’s officials, employees, and agents arising out of or related to this
MOU. Montana State University, as a state agency, warrants and represents that it is self-
funded for liability insurance, both public and property, with such protection being limited to
the officers, employees, servants and agents of Montana State University while acting within
the scope of their employment. The parties further agree that nothing contained herein shall
be construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Montana; (2) the consent of the State of Montana
or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated.
10. Nondiscrimination. The parties hereby affirm no persons shall be discriminated against on
the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity or disability and acknowledge and
understand the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and
treatments of proposer’s employees and to all subcontracts.
In addition, the parties hereby affirm they will abide by the Equal Pay Act of 1963 and
Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana
Equal Pay for Equal Work “best practices” website, https://wayback.archive-
it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent best practices
publication and has read the material.
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Page 4
11. No Joint Venture. Nothing contained in this MOU shall be construed to create any
partnership or agency relationship between the Parties for any purpose, action, or
transaction, including those related to this MOU. This MOU does not create a joint venture
or any form of separate legal entity
12. No Third Party Beneficiary. This Agreement is for the exclusive benefit of the Parties, does
not constitute a third-party beneficiary agreement, and may not be relied upon or enforced
by a third party.
13. Appropriation. The Parties agree that City funding for the Projects is subject to budget
approval by the City Commission and the City does not guarantee availability of funding for
Projects in any fiscal year.
14. Representatives.MSU and City contacts for purposes of this MOU are:
MSU
Name:Susan Gallagher
Address:PO Box 174250
Bozeman, MT 59717-4250
Email:sgallagher@montana.edu
City
Name:Danielle Hess
Address:121 N. Rouse Ave.
Bozeman, MT 59771
Email:DHess@bozeman.net
IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of
each Party as of the day and year written below.
MSU:
______________________________________________________________
David Kack Date
Executive Director, MSU Western Transportation Institute
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CITY OF BOZEMAN:
________________________________________________________
Jeff Mihelich Date
City Manager, City of Bozeman
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Exhibit A
MEMORANDUM OF COLLABORATION
[PROJECT NAME]
Pursuant to the Memorandum of Understanding for Community-engaged and Transformational
Scholarship (CATS) projects (“MOU”) between the City of Bozeman (“City”) and Montana State
University (“MSU”) effective September X, 2021 the Parties agree as follows:
1. COURSE. [Course Title, Course Number, Professor/Instructor Name]
2. Effective date of this MOC:
3. PROJECT CONTACTS.
i)City Project Contact
[Name, Position, phone and email]
ii)MSU Project Contact
[Name, Position, phone and email]
4. PROJECT PURPOSE AND OBJECTIVES. [Describe]
5. FINAL DELIVERABLES/WORK PRODUCT.
[Example: Compiled written report and illustrative materials of research findings,
analysis, and recommendations; interactive webpage; etc.]
6. ROLES AND RESPONSIBILITIES.
i) The City agrees to:
[Describe the roles and contributions of the City.]
[Examples: Provide data and documentation of previous work products (e.g.,
program documents, reports, market studies, plans and maps) that may be related
to the memorandum of collaboration
Convene team of City staff to facilitate project development and provision of
technical assistance.
Offer technical assistance, as requested
Assist MSU Project Lead to organize student field trip activities, if needed
Have at least one City staff member present at students’ final presentations
Communicate any issues or concerns regarding project to MSU Project Lead]
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ii) MSU agrees to:
[Describe the roles and contributions of MSU.]
[Examples: Develop coursework to support Project deliverables and desired
outcomes
Communicate with City staff throughout the project to maintain collaborative
element and provide technical assistance
Work with students to prepare coursework reports and presentation materials at
culmination of term
Facilitate field trips for the course as needed
Make contact with external stakeholders or organize those stakeholders, as needed,
to provide timely information to support project development
Present Project findings to City and others, as deemed necessary
Develop draft and final report to be released to City in electronic and paper format,
no more than four months after the end of the term
Communicate any issues or concerns regarding Project to City staff]
7. TIMELINE, MAJOR MILESTONES AND TASKS
[Dates for field trips, presentations, etc.; description of tasks]
8. BUDGET AND PAYMENT. $X,XXX [Add line items if applicable; payment terms]
Approved by:
MSU:
_________________________________________________________________
Name, title Date
CITY OF BOZEMAN
___________________________________________________________
Name, title Date
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Memorandum
REPORT TO:City 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 - continued from August 9, 2021
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 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:There are no identified conflicts between the City and Applicant regarding
the annexation or zoning at this time.
ALTERNATIVES:1. Approve the application with the recommended contingencies and
requested zoning;
2. Approve the application with modifications to the recommended
contingencies or zoning;
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3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
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 CC SR.pdf
Report compiled on: September 9, 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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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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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
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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.
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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
(')
NEW CONSTRUCTION BUILDING HEIGHT - NOT TO SCALE -NEW CONSTRUCTION IN 2005
0 25 I SCALE IN FEET -------
50
-----------
100
=i �
--------LES JON��B��R�:; ----�----·--·--PRELIMINARY SITE PLAN. MODEL ELATION, NOTES -----·----· ------------------�-----------------------------�-------·----------·---------------------------·. -------BOZEMAN, MT 59715 \ OWNER OF RECORD: HILTON AND LORRAINE JONES I
---· ----------- --- ------------------,, _________----
---·----------------·-------JUNE 28, 2005 0
Existing zoning: Gallatin County RS
Requested zoning: City of
Bozeman R-2
Current covenants: Covenant on file with
Gallatin County Clerk and Recorder requiring lots 14-16 to be conveyedtogether as long as the non-
conforming structureremains
Lot area: 0.54 acres or
23,522 sq ft
Existing zoning:
Gallatin County RS
Existing zoning:
Gallatin
County RS
Existing zoning: Legends Neighborhood City of Bozeman R-1
City of Bozeman unnamed alley
NW corner: 45.7036542, -111.00754 NE corner: 45.7036533, -111.0072575
SE corner: 45.702779, -111.0072162SW corner: 45.7027836, -111.0072967
86
2103
Bridger Drive
Lots 14-16
87
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
88
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.
89
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.
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Page 1 of 33
21147 Staff Report for the 2103 Bridger Drive Annexation & Zone Map
Amendment
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 terms and contingencies.
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 21147 and move to approve
the 2103 Bridger Drive Annexation with recommended terms of annexation, and direct
staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report, application
materials, public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff report for
application 21147 and move to approve the 2103 Bridger Drive Zone Map
Amendment, with contingencies required to complete the application processing.
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: September 9, 2021
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, Engineer III
Agenda Item Type: Action – Legislative
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 2 of 33
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the annexation or
zoning at this time.
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 held a public hearing on August 23, 2021. After consideration of the
application materials, Staff report, and public comment the motion to recommend approval of
the ZMA on a vote of 4:0.
The video recording of the public hearing is available at
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 3 of 33
https://bozeman.granicus.com/player/clip/140?view_id=1&redirect=true
Discussion of this item begins at 0:06:36 in the recording.
Staff Presentation begins at 0:05:57
Applicant presentation 0:26:50
Board discussion 0:36:15
Alternatives
1. Approve the application with the recommended contingencies and requested zoning;
2. Approve the application with modifications to the recommended contingencies or zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 4 of 33
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 9
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 4 – ADVISORY COMMENTS ............................................................................ 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
Annexation ........................................................................................................................ 12
Zone Map Amendment ..................................................................................................... 12
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 20
Spot Zoning Criteria ......................................................................................................... 29
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 30
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 31
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 33
FISCAL EFFECTS ................................................................................................................. 33
ATTACHMENTS ................................................................................................................... 33
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Page 5 of 33
SECTION 1 - MAP SERIES
Project Vicinity Map (2021 air photo)
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 6 of 33
Project Vicinity Map (2021 air photo)
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 7 of 33
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 Annexation & ZMA Page 8 of 33
Project Vicinity Map Showing Municipal Zoning
B-2
R-1
M-1
R-S
Not
annexed
Not
annexed
Not
annexed
R-S
R-3
R-4
B-2
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Page 9 of 33
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 “2103 Bridger Drive Annexation”.
2. An Annexation Map, titled “2103 Bridger Drive Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or
street access easements must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied as a PDF for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineer’s Office. This map must be acceptable to the Director of Public Works and
City Engineer’s Office, and must be submitted with the signed Annexation Agreement.
3. The 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. The land owners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any
permit listed therein.
5. City of Bozeman Resolution 5076, Policy 1 – Bridger Drive is classified as a Principal
Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-
of-way ROW width of (110) feet. Currently, only ninety (90 feet) of ROW exists along
the property frontage. An additional 10 feet of ROW must be provided along the
property frontage prior to the adoption of Resolution of Annexation. The ROW must be
executed using the City’s standard language. The applicant should contact the City
Engineering Department to receive a copy the standard language.
6. If one does not already exist, a ten foot private utility easement must be provided along
the property’s Bridger Drive frontage as well as along the future local street located at
the back of the property prior to the adoption of Resolution of Annexation. The executed
easement must be delivered to the City Engineering Department. The easement must
be executed on the City’s standard easement form. A copy of the standard easement
form may be obtained from the City Engineering Department.
7. Thirty feet (30 feet) of right-of-way (ROW) must be provided along the rear of the
property prior to the adoption of Resolution of Annexation to allow the future connection
of a local street. The right-of-way must be executed using the City’s standard language.
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 10 of 33
The applicant should contact the City Engineering Department to receive a copy the
standard language.
8. 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 Bridger Drive from Story Mill to Boylan Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
a. Intersection improvements to Bridger Drive and Story Mill including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements to Bridger Drive and Boylan Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The applicant may obtain a copy of the template SID waiver from the City Engineering
Department. 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 applicant must provide
a copy of the SID waiver filed with the County Clerk and Recorder prior to the adoption
of Resolution of Annexation.
9. 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 in accordance with city policy at the
time of connection.
10. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent (John Alston) for inspection,
and the applicant must report the abandonment to the Gallatin City County Health
Department. In addition to abandonment of the septic tank and leach field, the applicant
must demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
11. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross contamination.
The applicant must contact the City Water and Sewer Superintendent to inspect the
disconnection prior to connection of water service from the house to the City water system.
12. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
13. A utility easement must be provided for the power line running east to west through
the center of the property with the annexation, if one does not already exists. The
applicant must contact Northwestern Energy to obtain details on the required
easement.
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 11 of 33
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. 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 4 – 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 Annexation & ZMA Page 12 of 33
SECTION 5 - 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 September 21, 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 held a public hearing on this ZMA on August 23, 2021 and forwarded
a recommendation to approval the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on September
21, 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 6 - 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
In evaluating compliance with the following Goals and Policies, Staff considers the application
materials, Terms of Annexation, and adopted standards of the City to determine whether the
Goal or Policy can be met.
Commission Resolution No. 5076 Goals
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 13 of 33
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
The property in question is contiguous to the City limits. The property is bounded on the
north and south sides by City limits and County zoned property to the east and west.
However, the property is a part of a number of properties which are wholly surrounded
inholding.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is not wholly surrounded.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is not currently contracting for 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.
The subject property lies within the planned service area of the municipal water and sewer
services. Existing sewer and systems are installed. As noted above, the area in question is an
inholding with nearby properties currently being served by full City services included
emergency services, and streets.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
As shown in Section 1, the subject property is planned as Urban Neighborhood and is within
the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the
report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is within a number of inholdings wholly surrounded by City Limits. Two
nearby properties within the same subdivision were annexed into the City property owner’s
request; one in 2018 at the see application 18143 and another in 2021 see application 21123.
The annexation of the subject property would further this goal.
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Staff Report for the 21147; 2103 Bridger Drive Annexation & ZMA Page 14 of 33
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.
The subject property will provide additional right of way for Bridger Drive and the unnamed
road to the north, see Term of Annexation 5 and 7. No addition internal street network is
required to serve the property.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
The subject property is 0.54 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
After annexation, the subject property will be bound to the provisions of 38.410.130 which
require evaluation of water adequacy and provision of water if needed at time of development.
The municipal code section requires water rights or an equivalent to be provided. Exact timing
and amounts will be evaluated during development review. There are several methods to
address the requirements of 38.410.130. The annexation agreement will provide notice of this
requirement, see Term of Annexation 12. 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.
The subject property is located within the City’s planned water and sewer service area. See
Goal 4 above. The applicant proposes zoning for future development of homes. There is an
existing home on the property which uses an onsite well and septic system. The annexation
terms include requirements for future abandonment of the septic system and connection to
the municipal sewer system. Any new construction must connect with initial construction to
the municipal system.
Terms of Annexation 9 - 11 address the termination of the existing on-site septic system. Exact
timing will depend on the sequencing of future development. The City’s water and sewer
systems are adjacent to the property. See the maps below. Per Term of Annexation 9, 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.
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Existing Sewer Service Map
Existing Water Service Map
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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.
The recommended Terms of Annexation include requirements for provision of right of way
for Bridger Drive, an arterial street, and the unnamed street to the north. See Terms of
Annexation 5 and 7. Dedicated Streets or public street and utility easements provide locations
for municipal water and sewer mains. Waivers of right to protest special improvement districts
are included in Term of Annexation 8 for streets affected by the future development of the
property.
Any additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards. Exact locations will be
determined by further technical analysis and site design.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
The subject property is planned for Urban Neighborhood. No change to the growth policy is
required. The application includes a request for initial zoning of R-2. 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.
The property is designated “Urban Neighborhood” 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 recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
The property proposed for annexation requests a zoning designation of R-2. See the zone map
amendment section of this report for review of the zoning criteria. The Zoning Commission
held a public hearing on August 23, 2021. A motion recommending approval of the requested
R-2 zoning was passed unanimously.
Note: The annexation and the placement of a zoning district designation on the property by the
City does not guarantee available services or approval of a specific development. Section
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38.300.020.C of the Unified Development Code states: “Placement of any given zoning district
on an area depicted on the zoning map indicates a judgment on the part of the city that the
range of uses allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate review
procedure and compliance with all of the applicable requirements and development standards
of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the cost
of extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
The applicant has requested R-2, the Residential Moderate Density District. See Section 7 of
this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Yes. The property proposed for annexation is accessed from Bridger Drive to the south,
a principal arterial, which is paved to the edge of the subject property.
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.
Yes. 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. This
will be addressed with the annexation agreement.
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.
Yes. City infrastructure and emergency services are available to the subject property. An
eight-inch water main is located in the alley north of the property – approximately 250
feet from the existing structure. An eight-inch sewer main is also located in the alley
north of the property. The property is located adjacent to residential development that
is currently served by Bozeman Fire.
Recommended Term of Annexation #9 includes the provision that the applicant will be
responsible for installing facilities required to provide full municipal services to the
property in accordance with city policy at the time of connection.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
The property is not currently provided City services. No emergency connection is requested.
City services will be required to be provided concurrent with future development. Terms of
Annexation 9 - 12 address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and
bounds legal description of said property. Mapping requirements are addressed in
Recommended Term of Annexation # 2.
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Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This annexation does not require immediate payment of fees. The annexation agreement will
provide notice of obligations to pay impact fees at times as required in ordinance. See Term
of Annexation #4.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle,
and posted on the site as 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.
This policy will be implemented only if the Commission acts to grant preliminary 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.
This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies were notified and provided copies of the annexation on May 13,
2021.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
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from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
There are two residential structures on the property which has on-site well and septic system
and will be required to severe thee use of the on-sight systems and connect to City water and
sewer service. A term of annexation requires connection to municipal water and sewer
implements this policy. In conjunction with future connection the septic system must be
properly abandoned and the well disconnected from the domestic supply. Terms of Annexation
8-10 address these issues.
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The 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.
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Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Urban
Neighborhood. The Urban
Neighborhood designation
description reads:
“This category primarily
includes urban density homes
in a variety of types, shapes,
sizes, and intensities. Large
areas of any single type of
housing are discouraged. In
limited instances, an area may
develop at a lower gross
density due to site constraints
and/or natural features such as
floodplains or steep slopes.
Complementary uses such as
parks, home-based
occupations, fire stations,
churches, schools, and some
neighborhood-serving
commerce provide activity
centers for community
gathering and services. The
Urban Neighborhood
designation indicates that
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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.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. It is
inconsistent with this approach to zone at annexation for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify any
individual district but does lean towards the more intensive portion of the zoning district
spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “On the Community Plan Future Land-use Map, our entire area is designated as urban
neighborhood. In the Growth Policy, these are described as including a variety of “types,
shapes, sizes, and intensities” of housing. Our request for R-2 zoning on our property as we
pursue annexation reflects the goal of increasing diversity of housing types along with
increasing overall density, both of which feature prominently in the Growth Policy. The most
specifically relevant objectives to which R-2 zoning can contribute include N-1.1 (promote
housing diversity), N-1.3 (lessen areas exclusively zoned for single-type housing), N-1.4
(promote development of ADUs) and N-1.11 (gradual and predictable increase in density over
time).”
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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.
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.
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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 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
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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
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.
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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.”
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.
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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
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
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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.
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
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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
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
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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.
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
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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 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 31, 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
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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 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
123
Memorandum
REPORT TO:City Commission
FROM:
Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT:Soper Minor Subdivision Preliminary Plat Application for a First Minor
Subdivision Requesting Permission to Subdivide 0.74 Acres into Two Lots
Within the R-2 District, Application 21282 (Quasi-judicial)
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 21282 and move to approve the Soper Minor
Subdivision with conditions and subject to all applicable code provisions.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on July 14, 2021 requesting a first minor subdivision of one lot of
0.74 acres to create two lots, one of 0.43 acres and one of .31 acres. The
property is zoned R-2, Residential Moderate Density District and is located in
the NCOD, Neighborhood Conservation Overlay District.
There are three existing structures located on the subject property, a single
family home, detached garage and chicken coop. These structures have been
deemed non-eligible historic structures as they do not meet the definition
provided in article 7 of the Bozeman Municipal Code (BMC) for historic
structures. The existing structures are not eligible for the National Register
of Historic Places per the applicable 2021 Montana Historic Property Record
Survey conducted on the subject property.
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In order to subdivide the subject property and meet applicable form and
intensity standards of the R-2 zoning district, the existing structures were
approved for demolition on April 1, 2021, within a NCOA, Neighborhood
Certificate of Appropriateness, application 21-036 based on their non-
eligible status. The future development of these lots will be require NCOA
applications to evaluate any proposed structures in conformance with The
Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay, and Section 38.340.050 of the BMC.
This subdivision is a first minor subdivision from a tract of record and does
not require Planning Board review. State statute requires the City
Commission to consider and make a decision on the subdivision application
and the Community Development Director’s recommendation during a
regular public meeting.
On August 31, 2021, the Development Review Committee (DRC) found the
application adequate for continued review and recommends the conditions
and code provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this
application. The City has received four written public comments on the
application as of the writing of this report.
The final decision for a first minor subdivision preliminary plat must be made
within 35 working days of the date it was deemed adequate; in this case by
October 20, 2021.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff
report; or
4. Continue the public meeting on the application, with specific direction
to staff or the subdivider to supply additional information or to
address specific items.
FISCAL EFFECTS:None
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Attachments:
21282 Soper Minor Preliminary Plat.pdf
21282 Soper Minor Preliminary Plat Staff Report.pdf
Report compiled on: September 13, 2021
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Page 1 of 18
21282, Staff Report for the Soper Minor Subdivision Preliminary Plat
Public Meeting Date: The City Commission public meeting and decision is scheduled for
Tuesday, September 21, 2021 at 6:00 p.m via WebEx. A WebEx link will be provided
with the City Commission agenda.
Project Description: A first minor preliminary plat application requesting permission to
subdivide 0.74 acres to create two lots, one of 0.43 acres, and one of 0.31 acres. The
property is zoned R-2, Residential Moderate Density District and is located in the NCOD,
Neighborhood Conservation Overlay District.
Project Location: The property is addressed as 918 South Tracy Avenue and located South of
East Harrison Street, East of South Tracy Avenue, West of South Black Avenue, and
North of East Garfield Street. The property is legally described as Section 18, Township
02 South, Range 06 East, Tract 3, Being 180’ x 210’ N2NW4, City of Bozeman, Gallatin
County, MT.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Commission Recommended Motion: “Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 21282 and move to approve the Soper Minor
Subdivision with conditions and subject to all applicable code provisions.”
Report Date: September 13, 2021
Staff Contact: Nakeisha Lyon, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The Department of Community Development received a Preliminary Plat Application on July
14, 2021 requesting a first minor subdivision of one lot of 0.74 acres to create two lots, one of
0.43 acres and one of .31 acres. The property is zoned R-2, Residential Moderate Density
District and is located in the NCOD, Neighborhood Conservation Overlay District.
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21282 Staff Report for Soper Minor Subdivision Preliminary Plat Page 2 of 18
There are three existing structures located on the subject property, a single family home,
detached garage and chicken coop. These structures have been deemed non-eligible historic
structures as they do not meet the definition provided in article 7 of the Bozeman Municipal
Code (BMC) for historic structures. The existing structures are not eligible for the National
Register of Historic Places per the applicable 2021 Montana Historic Property Record Survey
conducted on the subject property.
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non-
eligible status. The future development of these lots will be require NCOA applications to
evaluate any proposed structures in conformance with The Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review. State statute requires the City Commission to consider and make a decision on the
subdivision application and the Community Development Director’s recommendation during a
regular public meeting.
On August 31, 2021, the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any subdivision or zoning variances with this application. The
City has received four written public comments on the application as of the writing of this report.
The final decision for a first minor subdivision preliminary plat must be made within 35 working
days of the date it was deemed adequate; in this case by October 20, 2021.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................... Error! Bookmark not defined.
Unresolved Issues. ............................................................. Error! Bookmark not defined.
Project Summary ................................................................ Error! Bookmark not defined.
Alternatives ........................................................................ Error! Bookmark not defined.
SECTION 1 – MAP SERIES ......................................................... Error! Bookmark not defined.
SECTION 2 – REQUESTED VARIANCES ................................................................................. 6
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........... Error! Bookmark not
defined.
SECTION 6 – STAFF ANALYSIS and findings .......................... Error! Bookmark not defined.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ............. Error!
Bookmark not defined.
Primary Subdivision Review Criteria, Section 76-3-608 .. Error! Bookmark not defined.
Preliminary Plat Supplements ........................................................................................... 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 15
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 16
APPENDIX D – PROJECT BACKGROUND ............................................................................. 16
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 16
FISCAL EFFECTS ....................................................................................................................... 16
ATTACHMENTS ......................................................................................................................... 17
PUBLIC COMMENTS ………………………………………………………………………….18
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SECTION 1 - MAP SERIES
Figure 1. Zoning Classification
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Page 5 of 18
Figure 2. Preliminary Plat
132
Page 6 of 18
SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070 - The final plat must contain the following notation on the Conditions
of Approval sheet prior to Final Plat Approval:
a. Development creating only one additional dwelling unit or increasing
occupancy of group quarters by no more than four persons is exempt from
parkland contribution pursuant to 38.420.020.B, therefore, development on
[describe new lot] may add one residential unit under the exemption.
Subsequent units on either lot will no longer meet the exemption and will
require parkland contribution (38.420.020.C).
2. BMC 38.240.470. Upon submittal of the final plat, please provide the approved
Municipal Facilities Exclusion from the Department of Environmental Quality.
3. BMC 38.400.020.
a. The applicant provided an adequate draft SID Waiver draft for the above
noted property. The applicant must execute and file the SID Waiver with the
county clerk and provide a copy of the final executed and filed SID waiver to
the project engineer prior to final plat approval.
4. BMC 38.410.060.
a. The applicant provided adequate drafts of the 10’ utility easement and 20’
storm drainage easement. The applicant must provide hard copies of the
easements to the project engineer for reporting to the commission and filing
with the county clerk. The easements must be recorded and filed with the
county prior to final plat approval.
b. The final plat must provide all existing and proposed utility easements and
must be described, dimensioned and shown on each subdivision block of the
final plat in their true and correct location.
5. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with Final Plat, then water rights or cash-in-lieu must be provided with any
future site plan development or applicable development application.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. BMC 38.240.150. The final plat must conform to all requirements of the Bozeman Municipal
Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of
Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s
office has elected to continue the existing medium requirements of 2 mylars with a 1½”
binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the
new Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. BMC 38.240.510. Please include a separate sheet as part of the plat for conditions of approval.
Said sheet must contain the certificate denoted in this section of the BMC which states the
following:
NOTIFICATIONS AND CERTIFICATIONS
(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics
shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing
body for final plat approval and that all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the date of this certification, and that changes to any land-use restrictions
or encumbrances may be made by amendments to covenants, zoning regulations,
easements, or other documents as allowed by law or by local regulations.
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, including the location, size, and use as shown
on the Conditions of Approval sheet or as otherwise stated. Buyers of property should
ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
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SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on August 31, 2021.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review. State statute requires the City Commission to consider and make a decision on the
subdivision application and the Community Development Director’s recommendation during a
regular public meeting.
The City Commission is scheduled for a public meeting on this minor subdivision preliminary
plat on September 21, 2021 via WebEx at 6 p.m. A WebEx link provided with the City
Commission Agenda.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in the code requirements, the final plat must comply with State statute, Administrative Rules
of Montana, and the BMC. A conditions of approval sheet must be included and updated with the
required notations can be added as required by conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Therefore, upon
satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission public meeting was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on July 13,
2021. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on August 16, 2021.
A revised application was received on August 25, 2021. The DRC determined the application
was adequate for continued review on August 31, 2021 and recommended conditions of approval
and code corrections for the staff report.
The City scheduled public notice for this application from September 3, 2021 to September 17,
2021. The applicant posted public notice on the subject property on September 2, 2021. The
applicant sent public notice to adjacent landowners of record within 200-feet of the subject
property via non-certified mail on September 2, 2021. Four public comments have been received
on this application as of the writing of this report.
On September 13, 2021 staff completed and forwarded the staff report for this first minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which is scheduled to make a final decision at its
September 21, 2021 public meeting. The City Commission must make a final decision for a first
minor subdivision preliminary plat within 35 working days of the date it was deemed adequate;
in this case by October 20, 2021.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development Staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 4 requires that all easements, existing and proposed, must be accurately
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depicted and addressed on the final plat and in the final plat application. Additionally, the applicant
has provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement
located on the subject property. The applicant must provide hard copies of the easements to
the project engineer for reporting to the commission and filing with the county clerk. The
easements must be recorded and filed with the county prior to final plat approval.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision via South
Tracy Avenue which is a public street classified under the local designation. All of the proposed
lots have frontage on South Tracy Avenue. Lot access will be in conformance with the city design
standards and specifications per the BMC requirements.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The subject property is designated as Urban
Neighborhood according to the City of Bozeman Community Plan. The area is zoned for
residential moderate density development. The intent of the application denotes the development
of a single-household dwelling unit on one of the lots (Lot 2), and a two household dwelling unit
on the other (Lot 1). There is no type of agricultural production or any agricultural operations in
the vicinity of the proposed subdivision. The NRCS Soil Survey shows the project area to only
contain UL (Urban Land) soil types.
There are three existing structures located on the subject property which have been deemed non-
eligible historic structures and were approved for demolition on April 1, 2021, within NCOA
application 21-036.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – Adequate water and sewer capacity exists to serve the one additional lot created
by this subdivision. Per condition of approval 5, if water rights or cash-in-lieu of water rights,
have not been provided with Final Plat, then water rights or cash-in-lieu must be provided
with any future site plan development or applicable development application.
Utilities – Utilities to serve the one additional lot created by this subdivision exist. There is an
existing ¾” gas service and overhead electric service that need to be disconnected and/or
removed prior to the demolition of the existing structures. NorthWestern Energy will be
providing gas and electrical services to the proposed subdivision when requested by the applicant
or future property owners during the future site development of the lots.
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Streets –The preliminary plat utilizes South Tracy Avenue (local) to provide primary site
connectivity. There are no proposed public or private streets, or substantial improvements to
existing streets (South Tracy Avenue). Any modification to South Tracy Avenue will only
include curb cuts for driveways into the two lots. All maintenance is already provided by the
City of Bozeman for the existing public streets adjacent to the subject property. A traffic impact
study is not necessary for the addition of one residential lot in this urban setting as daily traffic
generated will not be measurably affected.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes the
subject property. This subdivision does not impact the City’ ability to provide emergency
services to the property.
Stormwater - The first minor subdivision will not impact stormwater infrastructure as existing
drainage and stormwater capacity exists to serve the one additional lot created by this
subdivision. The stormwater analysis and calculations provided by the applicant during the
Preliminary Plat indicate that the proposed storm water facilities and management plan for the
proposed subdivision is adequate to safely convey the 10-year storm event and to satisfy the City
of Bozeman regulations for 10-year peak attenuation.
Parklands - The proposed subdivision is not required to provide parklands based on the proposed
creation of one additional lot or one additional dwelling unit, and condition of approval 1 denotes
that any subsequent units on either lot will no longer meet the exemption and will require
parkland contribution (38.420.020.C). Therefore, parklands, either land dedication, or cash in
lieu of land dedication, may be required upon development of the one additional lot if said lot is
a two-household dwelling unit.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property through an approved Weed
Management Plan (WMP) on file with the Gallatin County Weed District for Soper Minor
Subdivision which is valid from June 7, 2021 – June 7, 2023.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. There are no key
wildlife areas that exist on this urban property. Pet/human activity is already very prevalent in
the area and public access to parks or trails is not affected. There are no known endangered or
threatened species on the property.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the BMC is to protect the public health, safety and general welfare. The subdivision has been
reviewed by the DRC which has determined that it is in general compliance with the title with
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conditions and code provisions. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report. Code correction 1 requires full compliance with all
applicable code requirements.
In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,
Montana Code Annotated (MCA). As a result, the Department of Community Development
reviewed this application against the listed criteria and further provides the following summary
for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 24, 2021.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
This subdivision will not significantly impact surface water. The Mathew Bird Creek is a surface
water that runs north-south to the east of the subject property. There are no natural or artificial
water systems running through or affecting the property. On June 2, 2021, the applicant
requested a waiver of this supplemental information which was granted on June 24, 2021.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. This subdivision will not be
impacted by floodplains. The water systems mentioned above do not affect the project area. Zone
X and Zone AE are delineated along the boundaries of the Mathew Bird Creek. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.3 Groundwater
This subdivision will not significantly impact groundwater. The existing buildings and
topographic relief demonstrate this. On June 2, 2021, the applicant requested a waiver of this
supplemental information which was granted on June 24, 2021.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021.
38.220.060.A.5 Vegetation
There are no major vegetation types or critical plant species present on this site only small
landscaping features like trees, bushes, and grass exist. On June 2, 2021, the applicant requested
a waiver of this supplemental information which was granted on June 24, 2021.
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38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas. Please see discussion above under
primary review criteria for more information. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021.
38.220.060.A.7 Historical Features
This subdivision will not significantly impact historical features. The subdivision is not located
in any of the historic districts. There are also no known historic, archaeological, or cultural sites
around the vicinity of the subject property. On June 2, 2021, the applicant requested a waiver of
this supplemental information which was granted on June 24, 2021.
The proposed subdivision is located within the NCOD. There are three existing structures located
on the subject property, a single family home, detached garage and chicken coop. These
structures have been deemed non-eligible historic structures as they do not meet the definition
provided in article 7 of the Bozeman Municipal Code (BMC) for historic structures. The existing
structures are not eligible for the National Register of Historic Places per the applicable 2021
Montana Historic Property Record Survey conducted on the subject property.
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non-
eligible status. The future development of these lots will be require NCOA applications to
evaluate any proposed structures in conformance with The Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC.
38.220.060.A.8 Agriculture
This subdivision will not impact agriculture. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021. Please see discussion
above under primary review criteria for more information.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed. On June 2, 2021, the applicant
requested a waiver of this supplemental information which was granted on June 24, 2021. Please
see discussion above under primary review criteria for more information.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden the City’s water and sewer infrastructure. On June
2, 2021, the applicant requested a waiver of this supplemental information which was granted on
June 24, 2021. However, the Engineering Department required further information during the
Preliminary Plat Process to ensure the proposed subdivision does not burden the City’s water and
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sewer infrastructure. Please see discussion above under primary review criteria for more
information.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021. However, the Engineering Department required further information during the Preliminary
Plat Process to ensure the proposed subdivision does not burden the City’s stormwater
infrastructure. Please see discussion above under primary review criteria for more information.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. On June 2, 2021, the applicant requested a
waiver of this supplemental information which was granted on June 24, 2021. However, the
Engineering Department required further information during the Preliminary Plat Process to
ensure the proposed subdivision does not burden the utility infrastructure. Please see discussion
above under primary review criteria for more information.
38.220.060.A.14 Educational Facilities
The subdivision for the addition of one lot to the existing area will not a significantly impact the
existing enrollment of educational facilities and their supporting elements. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.15 Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create two
lots for low density residential use. The property is zoned R-2, Residential Moderate Density
District, and is designated as an Urban Neighborhood in the Bozeman Community Plan 2020. On
June 2, 2021, the applicant requested a waiver of this supplemental information which was
granted on June 24, 2021.
38.220.060.A.16 Parks and Recreation Facilities
The subdivision will not significantly impact parks and recreation facilities. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021. Please see discussion above under primary review criteria for more information.
38.220.060.A.17 Neighborhood Center Plan
The proposed subdivision does not contain nor require a neighborhood center. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
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38.220.060.A.18 Lighting Plan
This proposed subdivision does not propose any new lighting or lighting alterations. On June 2,
2021, the applicant requested a waiver of this supplemental information which was granted on
June 24, 2021.
38.220.060.A.19 Miscellaneous
No additional impacts or hazards are anticipated for this proposed subdivision. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.20 Affordable Housing
Due to HB 259, the City is unable to enforce the requirements of Sec. 38.380 the BMC.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is zoned R-2, Residential Moderate Density District. The intent of the R-2 district
is to provide for one- and two-household residential development at urban densities within the
city in areas that present few or no development constraints. These purposes are accomplished
by: providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and housing types in
newly developed areas, and providing for community facilities to serve such development while
respecting the residential quality and nature of the area. Use of this zone is appropriate for areas
with moderate access to parks, community services and/or transit.
Adopted Growth Policy Designation:
This property is designated as Urban Neighborhood in the 2020 Community Plan. 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.
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This proposed subdivision is well-suited to implement the Urban Neighborhood designation
based on the location and proposal for a duplex on one lot, and single family home on the other.
The proposed subdivision will blend well with adjacent properties and uses.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the property owner and applicant, Charles and Heidi Soper,
and represented by Genesis Engineering, Inc., Architecture, Inc to allow the subdivision of 0.74
acres into two lots.
APPENDIX C– NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meetings. BMC 38.220.420, Notice was provided by posting on the site and mailing the public
notice to adjacent landowners of record within 200-feet of the subject property via non-certified
mail by September 2, 2021. The site was posted with a notice on September 2, 2021. Content of
the notice contained all elements required by Article 38.220., BMC.
Public comments have been received in regards to the existing home on the subject property and
its historic status and demolition, the subdivision of the tract, and affordable housing. The
historic status has been evaluated and determined to be “non-eligible”. The future development
of these lots will be require NCOA applications to evaluate any proposed structures in
conformance with The Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay, and Section 38.340.050 of the BMC. No archaeological significance has
been identified within the Montana Historic Property Record Survey nor within the applicant’s
submittal documents.
APPENDIX D – PROJECT BACKGROUND
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
NCOA application 21-036 based on their non-eligible status. A subdivision pre-application plan
was reviewed by the DRC in June 2021.
APPENDIX E - OWNER INFORMATION
Owner/Applicant: Charles & Heidi Soper, 124 N. Black Ave., Bozeman, MT 59715
Representatives: Chris Wasia, Genesis Engineering, Inc, 204 N. 11th Ave., Bozeman, MT 59715
Report By: Nakeisha Lyon, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
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ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21282, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=238787&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-282
PUBLIC COMMENTS
Public Comments: Four public comments as denoted below - 1. John Carson Address: Unknown Received: Via Email
Public Comment: I love the historic house of 918 S Tracy. I have good friends that have
lived here and it is an incredible place that really means a lot to the people of Bozeman. I would prefer to not divide the lot as it is a great lot! 2. Bronwyn McCormick
Address: Unknown
Received: Via Email Public Comment: Please reconsider destroying this home. This is a historic & beautiful log cabin that provides affordable housing for Bozeman locals. Changing this landscape will negatively affect people’s lives and contribute to the “BozeAngeles” trend Bozeman
Montana is tragically experiencing.
3. Ben Morris Address: Unknown Received: Via Email
Public Comment: I am a citizen of Bozeman. One of the things I love about bozeman is
its architectural charm. The house on 918 s Tracy Ave is a very charming and valuable piece of architectural history in town. It is also of archaeological significance, with a group of students discovering artifacts around the property. So as a citizen of Bozeman who appreciates its aesthetics, I stand against the subdivision of the property on which
918 s Tracy Ave resides.
4. Evelyn Power Address: Unknown
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Received: Via Email
Public Comment: This lot holds the potential of providing college students and
community members with a safe and affordable place to live. Please think about the ramifications of destroying such a beautiful home before greed overtakes decision making. The destruction of old homesteads like the one you own, is a pitiful response to gentrification and erasing the beauty that historic towns could otherwise preserve. Please
give this conscientious thought before proceeding.
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:The West Babcock Properties Zone Map Amendment to Rezone 3.4 Acres
from B-2 to B-2M for Properties Addressed at 102 South 19th Avenue and
1716, 1736, and 1804 West Babcock Street, Application 21192
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, Zoning Commission Recommendation, and all information
presented, I hereby adopt the findings presented in the staff report for
application 21192 and move to 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. A similar application
was reviewed and approved one parcel to the east on Babcock Street. This
previous application rezoned property from R-O (Residential Office) and B-2
(Community Commercial) to B-2M and gained approval to construct two
mixed-use 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 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
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commercial uses.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
21192 19th & Bab ZMA CC Staff Report.pdf
ZMA Narrative 05-05-2021.pdf
A1 - 19th and Babcock Rezoning 2021-05-06.pdf
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
Exhibit 2 - Zone Map Amendment (8.5 x 11) 05-21-2021.pdf
Report compiled on: September 9, 2021
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21192, Staff Report for the West Babcock Properties Zone Map Amendment
Public Hearings:
Zoning Commission public hearing was held on 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 City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, Zoning Commission Recommendation,
and all information presented, I hereby adopt the findings presented in the staff report
for application 21192 and move to approve the West Babcock Properties Zone Map
Amendment, with contingencies required to complete the application processing.
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: September 9, 2021
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, Engineer III
Agenda Item Type: Action – Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner and applicant, 414 Holdings, LLC submitted an application to rezone 7 parcels
totaling 3.40 acres from B-2 to B-2M.
The subject properties host the Langor’s Flowerland building on the southeast corner of 19th
and Babcock Street, a parking lot with an associated accessory building, and an undeveloped
lot. A similar application was reviewed and approved one parcel to the east on Babcock Street.
This previous application rezoned property from R-O (Residential Office) and B-2
(Community Commercial) to B-2M and gained approval to construct two mixed-use 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 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.
Zoning Commission
The Zoning Commission held a public hearing on August 23, 2021. After consideration of the
application materials, Staff report, and public comment the motion to recommend approval of
the ZMA on a vote of 4:0.
The video recording of the public hearing is available at
https://bozeman.granicus.com/player/clip/140?view_id=1&redirect=true
Discussion of this item begins at 0:45:15 in the recording.
Staff Presentation begins at 0:45:45
Applicant presentation 0:52:22
Board discussion 1:03:00
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21192, Staff Report for the West Babcock Properties ZMA Page 3 of 33
Alternatives
1. Approve the application;
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
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 3
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 ............. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 19
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 32
FISCAL EFFECTS ................................................................................................................. 33
ATTACHMENTS ................................................................................................................... 33
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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 33
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 held a public hearing on this zone map amendment on August 23,
2021 and forwarded its recommendation to the City Commission on the zone map amendment.
The hearing will via WebEx. The meeting started at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on September
21, 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 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
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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.”
“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
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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
Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
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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. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “… The 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
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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.
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
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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.
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
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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
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.
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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 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 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 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.
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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. 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.
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 B-2M on 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
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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. 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
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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?
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.
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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 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
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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 continued to August 23, 2021 and the City Commission public hearing is scheduled for
September 21, 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 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.”
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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”.
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”.
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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 —
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 —
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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.
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.
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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.
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
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
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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
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 — — — — —
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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.
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
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 —
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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 — — — —
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 — — — — —
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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.
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
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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).
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.
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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
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 — — — — —
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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 —
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 —
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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.
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
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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
180
19th & Babcock Rezoning Zone Map Amendment
May 2021
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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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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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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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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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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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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.
192
13 May 2021
ZMA: 19th & Babcock
C. Is the requested zoning designation compatible with the zoning district’s
plan or is it special legislation designed to benefit only one or a few
landowners at the expense of the surrounding land owners?
Response: This criterion has been met.
This amendment does not come at the expense of surrounding landowners or the
general public. No substantial negative impacts resulting from this zone map
amendment have been identified. Future site development has the potential to
create to new commercial and housing opportunities for residents of Bozeman. The
new development will also provide new transportation links and public infrastructure
improvements are likely to contribute to the community as a whole.
As has been shown, the application is consistent with the Community Plan. Here
again, the Community Plan is the overall land use policy for the City and
consistency with the Plan demonstrates benefit to the general public. This request
is also consistent with the existing and supposed future character of the area,
further evidence that the amendment does not benefit the landowner at the
expense of others. Future site development will change the character of the site
from its current state, however the change in zoning does not specifically cause
harm to the surrounding landowners.
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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
194
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
195
X
196
414 Holdings, LLC (Christian James)
197
414 Holdings, LLC (Christian James)
198
N
19th & Babcock Rezoning
199
N
19th & Babcock Rezoning
200
N
201
N
19th & Babcock Rezoning
202
203
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kristin Donald, Finance Director
SUBJECT:Resolution 5279 Annual Lighting Assessments for Fiscal Year 2022
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5279 for Annual Lighting Assessments for Fiscal Year
2022
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The City pays the associated power bills and scheduled system maintenance
for all lighting districts. We then recover the costs paid by the city in the
previous fiscal year by assessing property owners in each of the lighting
districts for their proportionate share.
MCA 7-12-4332. Resolution to provide for assessment of maintenance costs.
It shall be the duty of the city or town council to estimate, as nearly as
practicable, the cost of maintaining such lights and furnishing electrical
current therefore each year and the portion thereof to be assessed against
the property embraced within the district and, before the first Monday in
October, to pass and finally adopt a resolution levying and assessing said
property within said district with an amount equal to the proportion of the
cost of such maintenance and electrical current so determined to be
especially assessed against said property.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As suggested by the City Commission.
Attachments:
Lighting District Resolution FY22.pdf
Schedule A.pdf
204
Report compiled on: September 9, 2021
205
Version April 2020
RESOLUTION 5279
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL
CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE
DISTRICTS OF THE CITY OF BOZEMAN.
WHEREAS, certain lighting maintenance districts have been created with the City of
Bozeman and;
WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing
electrical current annually within these lighting maintenance districts and;
WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution
levying and assessing maintenance costs.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Districts and Assessments. The lighting maintenance districts and assessments to defray
one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and
assessed against the property and several lots, pieces and parcels thereof within the lighting
maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto,
and by this reference, said schedules are made a part hereof.
206
Version April 2020
Section 2
Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land
with the name of the owner thereof, the total number of square feet of said property and the sum
assessed and levied against such property and owner, or either, is set forth in the Schedule of each
district as specified and identified in Schedule “B”.
Section 3
Period of Assessment. That said assessment is to defray costs for Fiscal Year 2022 (July 1,
2021 through June 30, 2022).
Section 4
Disposition of Collections. That the assessments as collected shall be placed in the
respective lighting maintenance funds and shall be used to defray the cost of maintenance and
lighting as provided by law.
Section 5
Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to
be held on the 21st day of September, 2021 at 6:00 p.m., at the Commission Room, City Hall, 121
N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to
the final approval of this Resolution will be heard and considered by said Commission.
Section 6
Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily
Chronicle on September 12, 2021 and September 19, 2021, a notice signed by said Clerk as such,
stating that this Resolution levying and assessing the several amounts set forth in the schedule
attached hereto and made a part of as aforesaid and for the purposes herein will be passed and
207
Version April 2020
approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk;
that said Notice shall be so published, and such publication shall be made not less than five (5)
days before the date set by the Commission for hearing of objections and the final approval this
Resolution.
Section 7
Certification. The City Clerk is hereby directed upon final passage and approval of this
resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana,
as provided by law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Lighting District Assessment Summary
October 2021
District Number Fund Number Current Year's Assessment
284 146 7,110.00$
288 147 590.00$
290 148 620.00$
295 149 16,200.00$
361: Includes area of 288 and 290 150 2,000.00$
362 151 3,800.00$
388 152 5,800.00$
400 153 1,700.00$
420 154 1,500.00$
423 155 1,400.00$
453 156 5,200.00$
459 157 24,000.00$
460 158 7,200.00$
461 159 2,500.00$
462 160 2,225.00$
479 161 5,400.00$
480 162 31,500.00$
484 163 1,400.00$
490 164 860.00$
491 165 700.00$
508 166 11,800.00$
556 167 690.00$
572 168 465.00$
618 169 915.00$
637 170 16,500.00$
670 181 5,400.00$
671 182 15,000.00$
672 200 17,800.00$
673 201 3,800.00$
679 203 10,600.00$
680 216 16,500.00$
681 202 9,400.00$
682 204 10,600.00$
685 205 7,000.00$
686 206 13,500.00$
687 207 25,000.00$
688 208 39,000.00$
689 209 10,000.00$
690 210 39,200.00$
691 211 20,000.00$
692 212 11,500.00$
693 213 200.00$
694 214 2,600.00$
695 215 1,400.00$
696 217 4,500.00$
697 218 3,300.00$
698 219 4,600.00$
699 220 2,800.00$
209
700 221 200.00$
701 222 10,000.00$
702 223 200.00$
703 224 6,000.00$
704 225 3,600.00$
705 226 -$
707 228 4,800.00$
708 229 -$
709 0 -$
710 0 -$
711 232 4,000.00$
712 233 3,000.00$
714 234 200.00$
715 235 3,500.00$
716 236 2,000.00$
719 239 1,200.00$
720 240 1,200.00$
721 241 3,000.00$
722 242 700.00$
725 237 400.00$
728 243 2,000.00$
730 245 12,000.00$
734 244 1,000.00$
736 253 200.00$
743 249 500.00$
749 238 225.00$
751 251 1,200.00$
752 250 2,500.00$
755 246 400.00$
757 247 200.00$
758 248 200.00$
760 252 200.00$
Grand Total Billed:490,400.00$
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Appointment to the Police Commission
MEETING DATE:September 21, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member with a term expiring April 30, 2024 to the
Police Commission.
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:The Police Commission currently has one position with an expired term as of
April 30, 2021. One term renewal application.
The Police Commission is created under Section 7-32-4151, Montana Code
Annotated. The three-member board is appointed by the City Manager, with
the concurrence of the City Commission, and is comprised of those who are
“residents of such city or town who shall have the qualifications required by
law to hold a municipal office therein."
Members are appointed to staggered three-year terms. Under Section 7-32-
4152, M.C.A., one member must be appointed annually at the first regular
meeting of the City Commission in May.
Section 7-32-4154, MCA describes the role of police commission in
examination of applicants for police force; and, Section 7-32-4155, MCA
describes the role of police commission in hearing and deciding appeals
brought by police officers.
The Police Commission conducts hearings and decides on appeals brought by
any member of the Police Department who has been disciplined, suspended,
removed, or discharged.
This board currently has one available position. The City Clerk’s Office has
received one qualifying application, with their relevant qualifications
indicated below.
211
1. One position with a term ending April 30, 2024 | Qualifies J. Drummond
Applicant:
Jim Drummond
There is no City Commission Liaison for this board.
Police Commission appointments are City Manager appointments with the
concurrence of the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
08-16-21 CAB Applcation - J. Drummond - Reapplicant.pdf
Report compiled on: September 9, 2021
212
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Monday, August 16, 2021 3:56:09 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:08/16/2021 3:55 PM
Response #:354
Submitter ID:42292
IP address:71.15.210.178
Time to complete:16 min. , 16 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
213
First Name Jim
Last Name Drummond
Physical Address 2125 Baxter Drive
PO Box (if different from
physical address)
Not answered
City Mt
State Montana
Zip Code 59715
Primary Phone (406) 539-7213
Additional Phone (406) 587-8706
Current Occupation retired
Employer Stockman Bank of Mt-retired
Email banker4hire@hotmail.com
Which position are you applying for?
(○) Police Commission
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Bozeman Police Commission >30 years, Downtown TIF Board
Please explain your relevant qualifications, interests and experiences:
I am a Bozeman native with an undergraduate degree in Ag Econ, and an MPA from Montana State
University. I have been active in many community and statewide non profit and professional organizations
and have led two different local banks during my 40 year banking career. I retired 4 years ago, and was
recently elected to the Stockman Bank of Montana board of directors. I am currently serving on the HRDC
capital campaign committee for the Griffin Place project, an active Score mentor providing voluntary advice
to new or struggling local businesses, am on the board of the Friends of the Bozeman Veterans Court, and
am an active participant in the "old guy waterhole" that I write about once a month for the Bozeman
Chronicle Prime Magazine.
Admittedly I have been on the Bozeman Police Commission for a long time. In my early years of service the
Police Commission was much more involved in the operations of the department. At one time the
commission was charged with hearing community member complaints or suggestions, offering advice to
staff, hearing officer complaints about personnel decisions, interviewing potential new hires, and serving on
promotion boards. Due to many police commissions around the state being overly involved in departmental
management, the role of the Police Commissions was modified by the Montana Legislature limiting the
commissions to hearing office appeals and signing off on new hires. I believe that a significant value I bring
to the commission is my experience as a police commissioner. Historically I have assisted in educating and
and guiding other commission members to understand our statutory role as commissioners as specified in
7-32-4151 through7-32-4164 M.C.A. While it has been many years since the commission has adjudicated an
214
officer appeal, I believe that I can make an impartial decision upon review of the facts if the commission is
called upon to convene in the future. I recognize that it is important for commissioners to "keep an ear" to
the ground in the community and share interesting findings with the Chief, but understand that the
commission has no authority to become involved in the operations of the department. That is the role of
departmental leadership, those trained in law enforcement, and city administration.
I would also hope that as appointments are made to city boards and commissions, that some consideration
be given to representation by community members whose family roots run long and deep in our
community. Thank You.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Judge Karl Seel
Bozeman Municipal Court
615 South 16th Avenue #123
Bozeman Mt. 59715
406-582-2040
Reference 2
Marty Lambert
Gallatin County Attorney
615 South 16th
Bozeman Mt. 59715
406-582-3745
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
current member
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
215
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