HomeMy WebLinkAbout11-22-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order
B.Disclosures
C.Approval of Minutes
C.1 Approval of Meeting Minutes from 10-25-21(Scott)
D.Public Comment
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individuals to comment on matters falling within the purview of the Committee. There will also be
an opportunity in conjunction with each action item for comments pertaining to that item. Please
THE ZONING COMMISSION OF BOZEMAN, MONTANA
ZC AGENDA
Monday, November 22, 2021
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If you are interested in commenting in writing on items on the agenda, please send an email to
agenda@bozeman.net prior to 4:00pm on Monday, November 22nd, 2021. You may also comment by
visiting the City's public comment page.
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limit your comments to three minutes.
E.Action Items
E.1 Canyon Gate Zone Map Amendment, amendment to the City Zoning Map for the
Establishment of a Zoning Designation of R-3 (Residential Medium Density), R-5 (Residential
Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and REMU (Residential
Emphasis Mixed Use) in Association with Annexation of Approximately 25.4 Acres,
Application 21-337(Miller)
F.FYI/Discussion
G.Adjournment
For more information please contact Tom Rogers at trogers@bozeman.net
This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
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Memorandum
REPORT TO:Zoning Commission
FROM:Taylor Chambers - Community Development Technician III
SUBJECT:Approval of Meeting Minutes from 10-25-21
MEETING DATE:November 22, 2021
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from October 25th, 2021
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve meeting minutes with corrections.
2. Do not approve meeting minutes.
FISCAL EFFECTS:None
Attachments:
10-25-21 Zoning Commission Meeting Minutes DRAFT.pdf
Report compiled on: November 16, 2021
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Bozeman Zoning Commission Meeting Minutes, 10-25-21
Page 1 of 5
THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 25th, 2021
00:00:39 WebEx Meeting Information
A) 00:01:40 Call meeting to order
Planner Chris Saunders introduced Deputy Director of Community Development, Anna Bentley.
Present: Nicole Olmstead, Mark Genito, Kirsa Shelkey, Christopher Scott, Sam Thompson
Absent: None
B) 00:03:33 Disclosures
C) 00:03:37 Approval of Minutes
C.1 Approval of Minutes from October 11, 2021
10-11-21 Zoning Commission Minutes DRAFT.pdf
00:03:55 Motion C) Approval of Minutes
Nicole Olmstead: Motion
Mark Genito: 2nd
00:04:20 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 5 - 0
Approve:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Christopher Scott
Sam Thompson
Disapprove:
None
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Bozeman Zoning Commission Meeting Minutes, 10-25-21
Page 2 of 5
D) 00:04:34 Public Comment
Daniel Gaugler (158 Boyland Rd.) commented in opposition of the Canyon Gate Annexation.
E) 00:08:32 Action Items
E.1 00:08:35 Update to Accessory Dwelling Unit (ADU) Standards, Ordinance 2091 to
revise the standards for ground floor ADUs in all applicable zoning districts by requiring
that ground floor ADUs must either have alley access or a pedestrian connection to a
sidewalk. This amendment will also revise the standards for all ADUs by removing the
requirement to provide minimum parking.
00:09:06 Staff Presentation
Planner Jacob Miller presented application 21-100 to the Board and recommended that the application
meets Zoning Criteria of Evaluation.
00:15:33 Board Questions
Board members directed questions to staff.
00:20:29 Public Comment Opportunity
Emily Talago (416 W Shore St.) commented on her desire for smart infill within the City, and mentioned
that she would like to see more flexibility for ADU's in the future.
Evan Rainey (416 W Shore St.) echoed the public comment from Ms. Talago.
00:25:09 Staff Response to Public Comment
Planner Miller responded to the public commenters.
00:26:02 Board Discussion
00:26:18 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 21-100 and move to recommend approval of the Form and Intensity Standards Update Text
Amendment, with contingencies required to complete the application processing.
Nicole Olmstead: Motion
Kirsa Shelkey: 2nd
Board member Olmstead spoke to her motion.
Board member Shelkey commented favor of the motion.
Chairman Scott commented in favor of the motion and adopted the staff findings as his own.
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Bozeman Zoning Commission Meeting Minutes, 10-25-21
Page 3 of 5
00:32:22 Vote on the Motion to approve Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 21-100 and move to recommend approval of the Form and Intensity Standards
Update Text Amendment, with contingencies required to complete the application processing. The Motion
carried 6 - 0
Approve:
Nicole Olmstead
Mark Genito
George Thompson
Kirsa Shelkey
Christopher Scott
Sam Thompson
Disapprove:
None
E.2 00:32:55 Mountains Walking Zone Map Amendment, Application 21319
00:33:10 Staff Presentation
Planner Lynn Hyde presented the Mountains Walking Zone Map Amendment to the Board and
recommended that the application meets Zoning Criteria of Evaluation.
00:43:41 Board Questions
Board members directed questions to staff.
00:52:43 Applicant Presentation
Gustav Dose, owner of Mountains Walking Brewery, presented their application to the Board.
00:57:18 Board Questions
Board members did not have questions for the applicant
00:57:50 Public Comment Opportunity
Ed Spotts (809 Fridley) commented in opposition of the application.
Ken VanDeWalle (408 N Plum Ave) commented in opposition of the application.
Sarah Hall commented in favor of the application.
01:12:41 Applicant Response to Public Comment
Mr. Dose responded to the comments from the public.
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Bozeman Zoning Commission Meeting Minutes, 10-25-21
Page 4 of 5
01:15:22 Board Discussion
01:16:03 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 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment,
with contingencies required to complete the application processing.
Nicole Olmstead: Motion
Kirsa Shelkey: 2nd
Board member Olmstead spoke to her motion.
Board member Genito spoke in opposition of the motion.
Board member Thompson commented in opposition of the proposed zone change for parcel 2.
Board member Shelkey commented in opposition of the proposed zone change for parcel 2.
Chairman Scott commented in support of the motion.
01:35:56 Vote on the Motion to approve Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 21319 and move to recommend approval of the Mountains Walking Zone Map
Amendment, with contingencies required to complete the application processing. The Motion failed 2 - 4
Approve:
George Thompson
Christopher Scott
Disapprove:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Sam Thompson
E.3 01:36:33 Subdivision Review Procedures And Associated Development Standards
Update Text Amendment, Ordinance 2089, Application 21338
21338 ZC staff Report.pdf
Revised Text for Subdivision Process - Public draft 9-21-2021.pdf
Board member Genito requested a 3 minute break.
01:40:23 Staff Presentation
Planner Saunders presented the Subdivision Process Amendments to the Board.
01:49:40 Board Questions
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Bozeman Zoning Commission Meeting Minutes, 10-25-21
Page 5 of 5
Board members did not have any questions for staff.
01:50:14 Public Comment Opportunity
01:50:41 Board Discussion
01:51:40 Motion Having reviewed and considered the staff report, draft ordinance, public comment,
and all information presented, I hereby adopt the findings presented in the staff report for application
21338 and move to recommend approval of Ordinance 2089
Nicole Olmstead: Motion
Sam Thompson: 2nd
Board member Olmstead spoke to her motion.
Chairman Scott spoke in favor of the motion.
01:53:52 Vote on the Motion to amend Having reviewed and considered the staff report, draft ordinance,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 21338 and move to recommend approval of Ordinance 2089. The Motion carried 6 - 0
Approve:
Nicole Olmstead
Mark Genito
George Thompson
Kirsa Shelkey
Christopher Scott
Sam Thompson
Disapprove:
None
F) 01:54:30 FYI/Discussion
Chairman Scott inquired as to how many more meetings are scheduled for the Board before the
consolidation.
Board member Olmstead recommended that the Board discuss recommendations or closing thoughts to
present to the consolidated board.
G) 02:04:43 Adjournment
For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets
the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM
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Memorandum
REPORT TO:Zoning Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT:Canyon Gate Zone Map Amendment, amendment to the City Zoning Map for
the Establishment of a Zoning Designation of R-3 (Residential Medium
Density), R-5 (Residential Mixed-Use High Density), B-2M (Community
Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use) in
Association with Annexation of Approximately 25.4 Acres, Application 21-
337
MEETING DATE:November 22, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21-337 and move to recommend
approval of the Mountains Walking 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 application proposes an initial designation for roughly 9.70 acres of R-3
(Residential Medium Density), 4.90 acres of R-5 (Residential Mixed-Use High
Density), 9.63 acres of B-2M (Community Commercial Mixed-Use), and 1.62
acres of REMU (Residential Emphasis Mixed Use). The total acreage of 25.42
acres for zoning includes the adjacent Story Mill right-of-way. The zone map
amendment application does not authorize any construction. Prior to any
further development of the site, a subdivision or site plan application (or
both) must be submitted, reviewed against all applicable development
criteria, and approved. Any development proposal must demonstrate
compliance with City standards and adequate infrastructure (such as streets,
water, parks, and sewer) to meet needs of the development.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
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2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No fiscal effects have been identified. No presently budgeted funds will be
changed by this Zone Map Amendment.
Attachments:
21337 Canyon Gate ANNX ZMA ZC SR.pdf
Canyon Gate Annexation Map 11-12-21.pdf
Canyon Gate ZMA 11-12-21.pdf
A1DevelopmentReviewApplication_08112021.pdf
DRCMemoResponses_10272021.pdf
ExistingOff-
SiteGasPipelineEasementBk122Pg54_10272021.pdf
ExistingWaterMainEasementBk17Pg29_10272021.pdf
RevisionandCorrectionRC.pdf
SIDWaiver_10272021.pdf
StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf
WaterPipelineAccessEasement_10272021.pdf
Report compiled on: November 18, 2021
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Page 1 of 64
21337 Staff Report for the Canyon Gate Annexation and Zone Map
Amendment
Public Hearings: Zoning Commission (map amendment only) November 22, 2021
City Commission (Annexation and map amendment) December 21, 2021
Project Description: Annexation of 25.13 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-3 (Residential Medium Density),
R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-
Use, and REMU (Residential Emphasis Mixed Use)
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21337 and
move to recommend approval for the Canyon Gate Zone Map Amendment, with
contingencies required to complete the application processing.
Report: November 17, 2021
Staff Contact: Jacob Miller, Associate Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted, applicable public documents, and
public comment received to date.
Unresolved Issues
There are no known objections by the applicant to the Staff recommended Terms of
Annexation and Zone Map Amendment contingencies as of the writing of this report. The
Commission will decide on whether to annex and zone.
Project Summary
The City reviews applications for annexation and zone map amendments as they are
submitted by the landowner. The landowner submitted an application to annex four parcels
and adjacent right of way of Story Mill Road and Bridger Canyon Drive. The application
materials are available on the City’s website at
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=240520&cr=1. Annexation of
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the adjacent road right of way is required by state law, 7-2-4211, MCA. There is one existing
home on the parcel. The property is wholly surrounded by the City and is adjacent to the
Legends at Bridger Creek Subdivision at Boylan Road and Story Mill Road.
The primary purpose of annexation review is to address the future provision of municipal
infrastructure and services as land is added to the City. The City uses the annexation
agreement method authorized in state law to require the development to comply with all
municipal infrastructure and services requirements. See 76-2-4610, MCA. Some elements are
addressed immediately with the annexation agreement, but most are addressed at the time of
future development. For an example, see the required contents of municipal subdivision
regulations in 76-3-501, MCA. The City has adopted regulations which accomplish all the
listed requirements for annexations.
The Landowner has requested that the annexation agreement and implementing zoning
ordinance be prepared so that action by the City Commission on December 21st, 2021
completes the annexation process and is the first formal adoption of requested zoning. This
option is available to all annexation requests. The decision to use the option is at the
discretion of the landowner.
The purpose of zone map amendment (ZMA) review is to evaluate the 11 criteria established
in state law for modifying the City’s zoning map. The City’s review of these criteria is
directed by the growth policy discussion of the criteria, see Chapter 5, pp. 71-79. The ZMA
process includes two public hearings to receive public input applicable to the identified
criteria. Setting a zoning district establishes the development standards applicable to a
particular area. Most of the City’s development standards, such as park development
standards, access to municipal utilities, and street configurations are uniform across all
zoning districts.
The application proposes an initial designation for roughly 9.70 acres of R-3 (Residential
Medium Density), 4.90 acres of R-5 (Residential Mixed-Use High Density), 9.63 acres of B-
2M (Community Commercial Mixed-Use), and 1.62 acres of REMU (Residential Emphasis
Mixed Use). The total acreage of 25.42 acres for zoning includes the adjacent Story Mill
right-of-way. The zone map amendment application does not authorize any construction.
Prior to any further development of the site, a subdivision or site plan application (or both)
must be submitted, reviewed against all applicable development criteria, and approved. Any
development proposal must demonstrate compliance with City standards and adequate
infrastructure (such as streets, water, parks, and sewer) to meet needs of the development.
Multiple City departments review applications for annexation and zone map amendments.
The purpose of this report is to present a summary of the collective analysis by Staff of the
review criteria required for this application. The report documents the Staff’s conclusions
related to those criteria. The criteria applicable to the application apply to complex issues.
Public comments raised a number of issues related to the criteria. The analysis under each
criterion also responds to the public comment. Due to the complexity of the issues with 39
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criteria to be considered and scope of public comment this report is more extensive than
many applications of the same type. Staff does not advocate for or against any development
application, but presents its own independent analysis and conclusions.
The following adopted public planning documents support urban development of the Canyon
Gate property, at such time when development is proposed:
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
Analysis of the criteria in the report looks not only at current conditions but also what is
planned for the long term as shown in the adopted documents listed above.
Written Public Comment
Written comments are available for review at
https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&dbid=0&repo=BOZEMAN
As comments are received they are added to this folder and available to all interested parties.
Comments received prior to noon on the day of a public hearing will be included in the
online archive prior to the meeting.
Zoning Commission
The Zoning Commission will hold a public hearing on November 22, 2021. After
consideration of the application materials, Staff report, and public comment the Zoning
Commission will make a recommendation to the City Commission.
Zoning Commission Alternatives
1. Recommend denial of the zone map amendment application based on the Zoning
Commission’s stated findings of non-compliance with the applicable criteria contained
within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Written Public Comment .................................................................................................... 3
Zoning Commission ............................................................................................................ 3
Zoning Commission Alternatives ....................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 13
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 15
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 16
Annexation ........................................................................................................................ 16
Zone Map Amendment ..................................................................................................... 16
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 17
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 29
Spot Zoning Criteria ......................................................................................................... 55
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 57
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 59
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 60
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 63
FISCAL EFFECTS ................................................................................................................. 63
ATTACHMENTS ................................................................................................................... 64
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SECTION 1 - MAP SERIES
Project Vicinity Map (2018 Aerial)
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Large Scale Project Vicinity Map – Bozeman Community Plan 2020
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Project Small Scale Vicinity Map Showing the Future Land Use Map – Project is designated
Community Commercial Mixed Use, Urban Neighborhood, and Residential Mixed Use
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Project Vicinity Map Showing Larger Vicinity Municipal Zoning
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Project Vicinity Map Showing Near Vicinity Municipal Zoning Presently in Effect
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Annexation Vicinity Map
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Annexation Vicinity Map Showing Near Vicinity
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Proposed Zoning Map
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “Canyon Gate Annexation”.
2. An Annexation Map, titled “Canyon Gate Annexation Map” must be provided with the
Annexation Agreement. The map must be supplied on:
a. A PDF.
b. This map must be acceptable to the City Engineer’s Office and must be submitted
within 60 days of the action to approve the zone map amendment. The map shall
contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way or street easements, and total acreage of
the property to be annexed.
3. The applicant must execute all contingencies and terms of an 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. City of Bozeman Resolution 5076, Policy 1 - 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) on City standard form for the following:
a. Street improvements to Story Mill Road between Boylan Road and East
Tamarack Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack
Street and Boylan Road including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse
Ave including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and storm drainage.
d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
e. Intersection improvements at East Tamarack Street and North Wallace Ave
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
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5. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the 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 in conjunction with the Annexation Agreement.
5. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall
address maintenance and operations until and unless the City affirmatively
assumes responsibility for maintenance and operations of stormwater facilities
within the area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent
currently available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until
it is verified by the City that the necessary municipal services are available to
the property.
e. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time
of development.
f. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
g. The Annexation Agreement must include notice that charges and assessments
may be required after completion of annexation to ensure necessary municipal
services are available to the property.
h. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
6. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation
Agreement.
7. 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
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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.
8. 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, if applicable.
9. City of Bozeman Resolution 5076, Policy 1 – Story Mill Road is classified as a
Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum
right-of-way ROW width of (90) feet. The applicant must provide their respective Story
Mill ROW from the centerline of the existing ROW as a public street and utility easement
where Story Mill Road is adjacent to the property. A 45 foot public street and utility
easement must be provided prior to the adoption of Resolution of Annexation. The
applicant can contact the City’s Engineering Department to receive a copy of the standard
easement language.
10. The applicant must provide Engineering with a copy of the water pipeline and access
easement (FILM 17, Page 29) for the 18-inch water main that runs through the southeast
corner of the property prior to annexation. No easement width is specified on the
submitted documents. A 30 foot wide water and sewer pipeline access agreement must be
provided prior to the adoption of resolution of annexation.
11. The applicant must extend the annexation map to the western edge of the existing Story
Mill ROW, which will cover the entire Story Mill Road ROW. The applicant should
confirm the overall extent of the boundary with planning, since the western side of Story
Mill Road is outside of the City’s limits boundary and is typically required to be extended
across the entire ROW with annexation.
12. The applicant must contact Brian Heaston with the City’s 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 the adoption of Resolution of Annexation, if
applicable.
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. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “Canyon Gate Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Canyon Gate Zone Map
Amendment.” The map must be supplied on:
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a. A PDF.
This map must be acceptable to the City Engineer's Office and must be submitted within 60
days of the action to approve the zone map amendment. The map shall contain a metes and
bounds legal description of the perimeter of the subject property including adjacent rights-of-
way or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or certificates
of survey.
3. The Ordinance for the Zone Map Amendment 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.
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.
5. The applicant must extend the zone amendment map to the western edge of the existing
Story Mill ROW, which will cover the entire Story Mill Road ROW. The applicant
should confirm the overall extent of the boundary with planning, since the western side of
Story Mill Road is outside of the City’s limits boundary and is typically required to be
extended across the entire ROW with annexation.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints not addressed by Terms of Annexation
and municipal code standards that would impede the approval of the application.
Recommended terms of annexation are presented in Section 2 of this report.
The City Commission will hold a public meeting on the annexation on December 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 Canyon Gate Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are based on approval of the annexation, application 21337.
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The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on the ZMA on November 22, 2021.
After consideration of the application, staff report, and public comment, a recommendation
to the City Commission will be provided.
The City Commission will hold a public hearing on the zone map amendment on December
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 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
When reviewing applications for annexation, the advisory boards and City Commission must
consider the following goals and policies. When determining whether the goals and policies
are met, Staff considers the annexation application, recommended Terms of Annexation, and
the standards which will be applicable to future development. References in the text of this
report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal
Code.
The City Commission adopted Resolution 5076 to identify how the City addresses the
requirements of state law for annexation and to further identify local priorities that should be
addressed in conjunction with annexation. The decision of the City Commission for this
application is that the annexation is or is not consistent overall with and advances the City’s
goals and policies.
Commission Resolution No. 5076
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
This criterion is met. The property in question is contiguous to the City on all sides.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
This criterion is met. This property is wholly surrounded and the applicant is requesting
annexation with this application.
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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.
Not Applicable. 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.
This criterion is met. The subject property lies within the planned service area of the
municipal water, sewer, and park services. Service boundary for all three services is shown
by the solid outer colored line. Overlapping facility plan boundaries give the boundary line
an apparent blue color. The annexation area is about 1.25 miles inside from the nearest edge
of the planned service area.
Map of Utility Planning Boundaries In Relation To Subject Property
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Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
Yes. As shown in the maps in Section 1, the subject property is planned as Community
Commercial Mixed Use, and Residential Mixed Use and a small portion of Urban
Neighborhood. The site is 1.25 miles inside of the urban area as shown on the future land use
map of the growth policy. See the discussion under Criterion A of Section 6 of this 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.
This criterion is met. The subject property is wholly surrounded by City land and will be
reducing the size of islands of unannexed land once it is within City limits.
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.
This criterion is met. Extensions or expansion of Rouse, Bridger Canyon Dr., and Story Mill
Road are all included in the adopted transportation plans applicable to this area. These are the
arterial and collector roads which serve the area. Annexation itself does not require
immediate construction of road improvements. Provision of right of way is required as part
of the annexation process. Acquisition of right of way is an essential step in enhancing the
transportation system.
The subject property will provide additional right of way for Story Mill Road, see Term of
Annexation 10. A future connection of Maiden Spirit Street to Boylan Road and ultimately to
Story Mill Road is likely with future development. It is also likely that with future
development that Northview Street will connect to Story Mill Road, providing more east-
west connection for the existing neighborhood and future development. The formal
determination of need for construction of the east-west connection or improvement to Story
Mill Road is not required to occur until development of the property. Any future changes to
Story Mill Road will require coordination with the County Road Office. The County retains
jurisdiction over the unannexed sections of Story Mill Road. The City Engineer has been in
contact with the County Road Office regarding this application. Coordination with the
Montana Department of Transportation is required for construction which intersects with or
alters Bridger Drive.
The City’s Engineering Division has evaluated the existing local street network. There are
travel/circulation challenges which any future development application on the site must
address to provide adequate emergency service access and daily travel. There are several
alternatives to address the circulation needs consistent with the City’s standards for street
operations. It is premature at this time to predict which combination of options will be used
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to address circulation needs. Construction of additional transportation capacity is required
with development. See discussion further in this report. Prior to any approval of subsequent
development the applicant must demonstrate how adequate access and capacity is provided,
see Term of Annexation 5. See also discussion under Section 5, Policy 7, and Section 6,
Criterion F. The comments from the Engineering Division have advised the applicant that
secondary access to the site and limited traffic growth on existing streets will be part of the
City’s review of any future development.
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.
This criterion is met. The subject property is slightly over 25 acres in size with additional
area for right of way.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
This criterion is met. After annexation, the subject property will be bound to the provisions
of 38.410.130. Section 38.410.130 requires 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
5.c. 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.
This criterion is met. The subject property is located within the City’s planned water and
sewer service area. See the map under Goal 4 above. The applicant proposes zoning for
future development of homes and businesses. 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 7-8 address the termination of the existing on-site septic system and
well. 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
5, the Annexation Agreement 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
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other standards necessary to protect public health and safety and ensure functional utilities as
established in 38.410.070 and Chapter 40, BMC.
The City’s long range utility planning considers locations for new or expanded piping for
water and sewer services. The site is located within the planned service boundaries. The
adopted water and sewer plans call for service to this area. Water and sewer services are
already provided to adjacent property. See the following maps for location of existing water
and sewer lines near the subject property.
Existing Sewer Service Pipe Map
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Existing Water Service Map
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.
This criterion is met. The recommended Terms of Annexation include requirements for
provision of right of way for Story Mill Road, a collector street. No additional right of way
needs were identified for Bridger Drive because the Montana Department of Transportation
already acquired adequate right-of-way for the needed upcoming intersection improvements.
See Terms of Annexation 9. 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 4 for streets likely affected by the
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future development of the property. Special improvement districts are a means of funding
larger infrastructure improvements over time and coordinating between multiple parties.
Additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards in Article 38.4, Community
Design, and elsewhere. Exact locations will be determined by further technical analysis and
site design. Standards for minimum sizes, standard placement, minimum flow capacity and
pressures, and continuation to adjacent properties are part of the adopted rules.
The City’s water facility plan establishes pressure zones to manage both high and low water
pressures. Any future development must demonstrate the ability to provide adequate water
flow and pressure after completion of construction. Design plans must address impacts to the
water system locally and overall.
Although the Applicant has submitted a site layout as an illustration of one possible future
use of the site, the annexation and zoning do not bind the applicant to that design. Alternate
designs may be developed and proposed. The City’s standards for streets and utilities apply
for all forms and methods of development and will ensure adequate public utility functions.
There are no proposed class I public trails crossing the property.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
This criterion is met. The subject property is planned for Community Commercial Mixed Use
and Residential Mixed Use and Urban Neighborhood. No change to the growth policy is
required. The application includes a request for initial zoning of R-3 (Residential Medium
Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial
Mixed-Use, and REMU (Residential Emphasis Mixed Use). See Section 6 - Zone Map
Amendment portion 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.
This criterion is met. The property is designated “Community Commercial Mixed Use,”
“Urban Neighborhood,” and “Residential Mixed Use.” The applicant is proposing R-3, R-5,
REMU, and B-2M which are all implementing zoning districts for their respective Future
Land Use Map designation.
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
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and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
This criterion is met. The property proposed for annexation requests a zoning designation of
R-3, R-5, REMU, and B-2M. See Section 6 - Zone Map Amendment section of this report for
review of the zoning criteria. The Zoning Commission will hold a public hearing on
November 22, 2021. A recommendation to the City Commission regarding approval of the
requested zoning will be made. See the discussion under Section 6 and the Executive
Summary.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee immediately available services or approval of a specific
development. Section 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.
This criterion is met. The applicant has requested R-3 (Residential Medium Density), R-5
(Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use), and
REMU (Residential Emphasis Mixed Use). See Section 6 of this report for analysis of the
requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
This criterion is met. 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.
This criterion is met. At this time, primary access is provided to the site and the single
existing home from Story Mill Road, which is a paved county road adjacent to the property.
Story Mill Road will most commonly be accessed from Bridger Canyon Drive, an extension
of Rouse Avenue that connects to downtown and other arterials such as Oak Street. Future
development will require extension of streets and utilities and will provide for paved access
to the site.
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Story Mill Road is a designated collector street but has not been built out to City standards
because it is still a county road adjacent to the site. The applicant will be responsible for
dedicating and, upon future development, improving the portion of Story Mill Road adjacent
to their property. A section of Story Mill Road from Bridger Canyon Drive to Griffin Drive
has been designated in the Transportation Capital Improvements Project schedule for 2021 as
well as the intersection of Story Mill Road and Bridger Canyon Drive, which will include
signalization. Bridger Canyon Drive is a paved designated arterial and will provide for the
majority of vehicular traffic for future developments. The western half of Story Mill Road is
partially dedicated and the southern section is provided through an easement.
At this time, it is unknown which combination of improvements will be proposed with future
development. The Landowner will need to assemble a workable set of improvements to
offset anticipated increased demands before approval of any construction. As discussed under
Section 5, Goal 7.
After annexation, any future development on the site is subject to the City’s adopted
transportation standards in Article 38.4, the Transportation Master Plan, and the Design
Standards and Specification Policy. The focus of all three documents is public safety and the
provision of effective and efficient travel by multiple methods.
See also discussion under Section 5, Goal 7, and Section 6, Criterion F.
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.
This criterion is met. Section 38.410.130 provides for deferral of transfer of water rights or
payment in lieu until time of development through the Annexation Agreement. At this time,
the details of future development needed to calculate the final demand for water are not
available. Therefore, Term of Annexation 5.c to be included in the annexation agreement
requires the land owner to consent to a future payment or other approved option when the
necessary information is provided and development proposed. This typically occurs at the
time of subdivision or site plan review depending on the nature of future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
This criterion is met. The area proposed for annexation is wholly surrounded by properties
within City limits. City emergency services can be extended to the annexation area on the
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same basis as existing adjacent development. As shown above, the site is located within the
City’s planned water and sewer service area. Future development will require extension of
municipal water to support fire suppression and potable water. An analysis of the water and
sewer system providing evidence that adequate water pressure and sewer flow can be
provided will be required with subsequent development The annexation agreement includes
requirements for additional analysis and design reports at the time of development review
when greater information is available on the nature of proposed development.
The site is located in the Bridger Creek Sanitary Sewer Drainage Basin. At the time of
development, when more detailed information on the grade, pipe slope, and proposed
wastewater generation has been determined the applicant must demonstrate that the site can
drain by gravity.
Parks are part of the municipal infrastructure. Requirements for park dedication and
development are in Division 38.420. Parks may be provided with subdivisions or site
development. Any future development will be required to mitigate additional demand for
recreation created by the addition homes. Completion of park improvements are subject to
the same standards as other infrastructure as set out in Division 38.270.
The applicant will be proposing cash-in-lieu of parkland dedication which will be reviewed
with subsequent development applications. The subject property is directly across the street
from Story Mill Park, one of the larger parks within City limit that has additional capacity for
visitors due to its location on the periphery of town and the lack of density in the area. On-
site open space is required with any residential development above and beyond provision of
public parks.
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.
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This criterion is met. This policy is to address circumstances such as emergency connections
to City sewer services due to a failed on-site septic system. The property is not currently
provided City services. No emergency connection is requested.
The property owner is seeking annexation. City services will be required to be provided
concurrent with future development. Terms of Annexation 5 and 7-8 address connection to
services for the existing home and future development. See also Section 5, Policy 18.
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.
This criterion is met. Mapping to meet the requirements of the Director of Public Works must
be provided with the Annexation Agreement. Typically, this includes a digital copy
containing the metes and bounds legal description of the property. The annexation includes
the existing width of Story Mill Road, as required by state law, which is not within the metes
and bounds description of a recorded tract. Therefore, an annexation map is required to
include a metes and bounds description of the entire area to be annexed. Mapping
requirements are addressed in Recommended Term of Annexation 2. A preliminary
annexation map is included in the application materials.
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 criterion is met. This annexation does not trigger immediate payment of fees. The
Annexation Agreement will provide notice of obligations to pay impact fees at times and
amounts as required in ordinance. See Term of Annexation 5.h., Chapter 2, Article 6,
Division 9 are the City’s impact fee regulations.
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.
This criterion is met. Notices of the public hearing have been mailed, published in the
Bozeman Daily Chronicle, and posted on the site as required 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 criterion is met. This policy will be implemented only if the Commission acts to grant
preliminary approval of the annexation. The Landowner has requested that the annexation
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agreement and implementing zoning ordinance be prepared so that action by the City
Commission on December 21st, 2021 completes the annexation process and is the first formal
adoption of requested zoning. This option is available to all annexation requests. The
decision to use the option is at the discretion of the landowner.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This criterion is met. State law authorizes several methods of annexation. Title 7 Chapter 2
Part 46, MCA is one of those methods. Part 46 is annexation at the request of the landowner.
This annexation is being processed under Part 46 provisions. As noted in Section 7-2-4609,
Applicability of Part, when an annexation is processed under Part 46 only the provisions of
Part 46 apply to the review.
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.
Not Applicable. No road improvement district is associated with Story Mill Road or any part
of 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.
This criterion is met. The listed agencies were notified and provided copies of the annexation
application materials on October 18, 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
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
This criterion is met. There is one home on the property which has an on-site well and septic
system. Future development of the property will require extensions of water and sewer
mains. Terms of annexation require connection to municipal water and sewer at the time they
are close enough. In conjunction with future connection the septic system must be properly
abandoned and the well disconnected from the domestic supply. Terms of Annexation 7-8
address these issues.
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SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval, 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 mitigate possible negative impacts are
incorporated in many locations in the municipal code but are principally in Chapter 38,
Unified Development Code. References in the text of this report to Articles, Divisions, or in
the form XX.XXX.XXX are to the Bozeman Municipal Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
This criterion is met. The application was initially submitted on August 11, 2021. On
November 17, 2020, the City Commission adopted a new growth policy, the Bozeman
Community Plan 2020, (BCP 2020) which replaced the prior growth policy. The Staff’s
review examines the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
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land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of the Canyon Gate application has been included as an urban expansion area in the
City’s adopted land use plans since 1990. As shown on the maps in Section 1, on the excerpt
of the current future land use map, the property is designated as Community Commercial
Mixed Use and Residential Mixed Use.
Community Commercial Mixed Use:
“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.”
Residential Mixed Use:
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“This category promotes neighborhoods substantially dominated by housing, yet
integrated with small-scale commercial and civic uses. The housing can include single-
attached and small single-detached dwellings, apartments, and live-work units. If
buildings include ground floor commercial uses, residences should be located on upper
floor. Variation in building mass, height, and other design characteristics should
contribute to a complete and interesting streetscape. Secondary supporting uses, such as
retail, office, and civic uses, are permitted on the ground floor. All uses should
complement existing and planned residential uses. Non-residential uses are expected to
be pedestrian oriented and emphasize the human scale with modulation in larger
structures. Stand alone, large, non-residential uses are discouraged. Non-residential
spaces should provide an interesting pedestrian experience with quality urban design for
buildings, sites, and open spaces. This category is appropriate near commercial centers.
Larger areas should be well served by multimodal transportation routes. Multi-unit,
higher density, urban development is expected. Any development within this category
should have a well-integrated transportation and open space network that encourages
pedestrian activity and provides ready-access within and adjacent development.”
Urban Neighborhood:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such as
parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
serving commerce provide activity centers for community gathering and services. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development. Applying a
zoning district to specific parcels sets the required and allowed density. Higher density
residential areas are encouraged to be, but are not required or restricted to, proximity to
commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4; R-3, and R-5, are implementing zoning districts of Residential Mixed
Use and REMU and B-2M are implementing districts of Community Commercial Mixed
Use. REMU is also an implementing district of Urban Neighborhood. The requested REMU
portion is located in both the Urban Neighborhood and Community Commercial Mixed Use
designations. The full table is provided in Appendix B.
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The future land use map excerpt included in Section 1 shows the property surrounded by
Urban Neighborhood designations to the east, north and partially to the west and south. The
SW corner of the property is adjacent to Maker Space Mixed Use on the west side of Story
Mill Road. On the south side of Bridger Canyon Drive, flanking the intersection of Bridger
Canyon and Story Mill are areas of Residential Mixed Use, Community Commercial Mixed
Use, and PLI where the Story Mill Park is located.
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, however the relevant goals and
objectives related to this project have been identified by staff and are described in this report.
Conflict with the text of the BCP 2020 has not been identified.
Page 19 of the BCP 2020 discusses a variety of other community plans, documents and
reports by the City. It states “This Community Plan is also influenced by, and will influence,
a number of other local plans, guidelines, policies, and manuals.” References to a number of
the identified plans are made throughout this report.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two items in the list identify goals of Theme 2, A City of Unique
Neighborhoods. These goals encourage zoning changes that would increase housing diversity
and residential density throughout Bozeman and specifically 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
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portion of the BCP 2020 demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas.
The intent described above is strengthened by Objective N-1.11 “Enable a gradual and
predictable increase in density in developed areas over time.”
The proposed site has one home on it at present. No changes to existing developed property
within the City is occurring with this amendment. All additional development is occurring on
newly annexing land. The BCP 2020 calls for higher intensity development along major
thoroughfares and at high traffic intersections throughout Bozeman. The future land use map
designations for the Canyon Gate property reflect this strategy. It is less disruptive to
residents and simpler to support increasing density on largely undeveloped property than to
consolidate property and redevelop existing residential areas. Because of the location of this
project at the intersection of a collector and major arterial, it would be in conflict with the
BCP 2020 if the Canyon Gate property was zoned for less intense development than it has
the capacity for.
“Goal N-3: Promote a diverse supply of quality housing units.”
The proposed zoning districts of R-3, R-5, REMU and B-2M allow for a wide spectrum
of housing choices, from single-household units to apartments. There is a mix of housing
types immediately adjacent to the subject property, including townhouses/rowhouses and
single-household detached units. Multi-household, townhomes, and detached home
development has been in the immediate vicinity since the1990’s with the Bridger Creek
subdivision west of Story Mill Road. Based on the proposed zoning districts, future
development of the Canyon Gate project will be adding medium-density residential
developments such as single-household units, townhouses/rowhouses or small scale
apartments in the R-3 which serves as the perimeter zoning district for the property. The
allowable higher density residential uses such as apartments in the R-5, B-2M, and REMU
zones would be located closer to the intersection of Bridger Drive and Story Mill Road.
Quality of housing cannot be assessed at this time but will be reviewed with subsequent
development review for compliance with adopted standards found acceptable for the
community. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
Goal M-1: Ensure multimodal accessibility.
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.
Bridger Canyon Drive is an arterial street as shown in the last three long range
transportation plans including the current Transportation Master Plan adopted in 2017.
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Arterial streets are the most intensive category of streets. Story Mill Road is a designated
collector street and is slated for improvements from Bridger Canyon to Griffin Drive, and the
intersection at Bridger Canyon Drive, per the Capital Improvements Plan. There are mixed
use developments and high-density residential developments within different stages of the
development process immediately adjacent to that intersection. This pattern of development
is consistent with goal DCD-2.2 and will work to support the additional commercial uses in
the already mixed-use area. Connection to the M trail will be provided by additional sidewalk
connections along Story Mill Road with future development. The mix of services allowed in
the proposed districts will add opportunities for walking access from surrounding residential
areas.
“Goal DCD-1: Support urban development within the City.”
DCD-1.1 Evaluate alternatives for more intensive development in proximity to high
visibility corners, services, and parks.
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-3, R-5, REMU, and B-2M
zoning will not occur. The requested zoning districts are implementing districts consistent
with the future land use map.
“DCD-1.9 Promote mixed-use development with access to parks, open space, and transit
options.”
The property where this project is proposed is nearby multiple parks, trails, and open
spaces. Across Bridger Canyon Drive to the south is one of the largest parks in Bozeman.
Due to its location on the periphery of town, park design, and the lack of residential density,
Story Mill Park has the capacity to support many more users. The Main Street to the
Mountains pathway that connects to the “M” trail runs along Bridger Canyon Drive and
connects to Downtown. There is an existing trail network within the Legends and Bridger
Creek subdivisions and along the E. Gallatin River with connections to the Glen Lake Rotary
Park. Although the Streamline bus does not currently serve the area, the shared-use path and
trail network will provide multi-modal transportation options to get to other parts of town.
“RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge
to urban development that evolves as the City expands outwards.”
Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a
neighborhood plan under its growth policy, to identify County priorities for this area of the
County. The GCBA Plan provides information on expectations for this property should it not
be annexed. Implementing zoning was updated for the new neighborhood plan and is now in
place.
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“The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to
provide comprehensive, long-range guidance relative to the growth and development…”
The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says,
“It is not the intent of this Plan to prematurely discourage existing agricultural operations;
rather it is the intent to accommodate the needs of present agriculture while recognizing an
inevitable transition to a more urban landscape.”
The property currently has one home on it and is classified as agricultural lands for tax
purposes. The GCBA Plan future land use map designates this property and the surrounding
unannexed area as Moderate-intensity development. This is described as “Development of
additional medium-density residential, conservation subdivisions, neighborhood commercial,
office, and public uses. Development of additional appropriate high-density residential,
community commercial, office park, and public uses.” The proposed zoning districts in this
application provide for uses consistent with this GCBA description as well as the description
of Residential Mixed Use and Community Commercial Mixed Use from the BCP 2020.
The GCBA Plan includes various goals and policies. Several are provided here as
examples of the correlation between RC-3.2, the GCBA Plan, and the application under
review.
“GOAL 1: Encourage Residential Development. Residential development at appropriate
densities is generally encouraged within the Plan area. The identification of areas suitable for
near-term residential development is a location-specific goal. Medium to high-density
development, or urban-scale development, is encouraged to annex to the City of Bozeman. It
is recognized that the County is ill equipped to deal with urban-scale development which
would be better managed through provision of municipal services.”
Policy “4. Promote residential development adjacent to existing developed land and infill
development, and that does not foster sprawl development or development which is located
far from services.
• Support development within or adjacent to existing developed areas, including infill
development.
• Promote development that is compact, makes efficient use of land, and does not foster
sprawl.
• Encourage development within close proximity to city limits to pursue annexation
opportunities with City of Bozeman.”
Gallatin County has zoned the area as AS, Agricultural Suburban, which supports
continued agriculture and very low density residential development. This zoning decision
keeps the rural areas as rural until such time as municipal services can be made available and
annexation and development are achievable. Thus, the GCBA and BCP 2020 objectives are
met.
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“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 is wholly surrounded by properties already within City limits. The property is
located within the service area of the municipal utilities and can be served with existing
mains and incremental extensions.
“RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.”
The property is wholly surrounded by properties already within City limits. The property
is seeking annexation and municipal zoning for the purpose of commercial, residential, and
mixed-use development. Annexation is happening before development.
In addition to goals and objectives, the BCP 2020 includes descriptive statements
regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020
includes the descriptive language for Theme 2, A City of Unique Neighborhoods. The topics
within the descriptive language discuss the importance of housing diversity, equitable access
to goods and services, density, and encouraging small-scale neighborhood commercial uses.
Theme 2 emphasizes the importance of neighborhoods in the City’s development. It is
notable that none of the goals and objectives associated with Theme 2 call for fixing the
character of developed areas in their current status or prohibit the evolution of an area’s
character. As noted above, the site is adjacent to collector and arterials streets. The placement
of B-2M provides for services near existing traveled ways.
Goal N-4 recognizes the significance of neighborhood’s having a sense of place.
Neighborhoods do have physical attributes that help them be distinctive.
“Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.”
The proposed amendment does not alter the zoning on any adjacent property and
correspondingly the character of that adjacent property. This project proposes a zoning of R-
3 along the perimeter of the property, immediately adjacent to the existing developed
residential areas which are zoned R-1. The R-3 district is also present on the western end of
the Legends at Bridger Creek development and the eastern end of the Bridger Creek
subdivision. It should be noted that R-3 is the lowest density zoning district allowed by the
Residential Mixed Use Future Land Use Map (FLUM) designation. Staff finds that the R-3
zoning proposal is a thoughtful approach to increasing density in the area and is sensitive to
the surrounding development pattern by placing the least intensive option adjacent to existing
development. The proposal of the R-5 zoning district to be located internal to the property
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follows that same thoughtful approach with respect to the adjacent residential areas, while
still recognizing the need for increased density in the area, as directed by the adopted growth
policy
The surrounding area has historically been a mixed use area that contained a variety of
residential and non-residential land uses. The proposal for B-2M and REMU are in keeping
with that historical development pattern and the FLUM designations both on the property and
in the immediately adjacent areas. The proposal is supported by many of the goals, objectives
and actions discussed in the BDC 2020 (growth policy) and throughout this report.
This project is in accordance with the growth policy.
B. Secure safety from fire and other dangers.
Yes. The application of the development standards of the City will provide for safe
construction, fire protection, and water supply through water main extensions. Police
response will be provided after annexation. The site is currently within the Story Mill Fire
District. The City Fire Department provides service to the Fire District. Therefore, service
availability and response time is already demonstrated for this site and the surrounding areas
in the City and the Fire District. The 2017 Fire & EMS Master Plan of the City evaluated the
ability to serve this area as the City builds out its fire response facilities. The City’s
development standards will require adequate emergency response access and building
addresses for rapid response. The site is outside of known flood hazards from FEMA
mapping of floodplains. Public testimony was submitted regarding flooding potential. The
City’s flood regulations apply regardless of zoning district. Evaluation of flooding potential
occurs during development review and appropriate restrictions can be placed if needed to
protect public safety. There is some public concern regarding a railroad track that could
prohibit efficient response times to the area. The City Fire Department has stated that worst
case scenario if a railroad was blocking the road it would take 20 minutes to get there. It
should be noted that this response time reflects existing conditions and does not change with
added development. It is possible that the frequency of EMS/Fire related calls increases with
added density.
C. Promote public health, public safety, and general welfare.
This criterion is met. The density and allowable housing types permitted by proposed zoning
districts will be a benefit for residents of the future developments on the property and the
community as a whole. Higher density development patterns conserve land, resources, and
infrastructure by fitting more homes and services on a given piece of land. The additional
commercial uses allowed with the proposed zoning districts can provide the community with
goods and services within an already developed area at the intersection of two major
thoroughfares and adjacent to one of the largest parks in the City. Subsequent development
requires the provision of roads, sidewalks, utilities, open space, parks or cash-in-lieu of parks
and other infrastructure that benefits the greater Bozeman community.
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See comments in Section 6, Criteria A, B and D. 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
construction of homes which advances this criterion. Provision of parks, control of storm
water, and other features of the City’s development standards advance the general welfare.
Compliance with the BCP 2020 as described in Section 6, Criterion A, advances the well-
being of the community as a whole.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
This criterion is met. The BCP 2020, page 74, says regarding evaluation of Section 6,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide service to new
development. 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, the Bozeman School District will have opportunity to review and
comment on future development.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed and as discussed in Criterion A. Adequacy of all these public
requirements is evaluated during the subdivision and site development process. All zoning
districts in Bozeman enable a wide range of uses and intensities. At the time of future
subdivision or site plan review the need for individual services can be more precisely
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determined. No subdivision or site plan is approved without demonstration of adequate
capacity.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts.
The future development of the area will require dedication and construction of streets,
provision of parks, extension of water and sewer services, and placement of easements for
telecommunication, electricity and similar dry utilities. As noted in Section 6, Criterion A,
the Story Mill Road alignment has been designated in multiple City and joint City/County
transportation plans as a collector street. There are capital improvement projects scheduled
for this year on the southern portion of Story Mill Road from Bridger Canyon Drive to
Griffin Drive, as well as the intersection of Story Mill Road and Bridger Canyon Drive.
Development of any urban zoning or more intensive County zoning district will require
changes to the street to the degree demonstrated as necessary during review of the
development. As noted above, the placement of a zoning district does not grant entitlement to
construct.
Water mains are located in Story Mill Road and Bridger Canyon Drive and can be extended
to provide the required looped water service. Responsibility to make those connections lies
with the developer. The site is adjacent to Bridger Canyon Drive, an arterial street and Story
Mill Road, a collector street. Spirit Crossing Lane, Maiden Spirit Street, and Northview
Street will likely connect to the property and will likely be extended with subsequent
development. Adequate capacity in water, sewer, and major transportation services are
known to exist or expected to be able to be added to support the potential intensity of the
requested zoning districts. Review of future development will further verify adequate
capacity is present and all needed connections can be provided before any construction may
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begin. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open
spaces to meet the needs of residents.
The associated annexation will partially address required compliance with City standards
through the Terms of Annexation in Section 2. Dedication of right of way for adjacent
collector streets is part of the annexation process as is agreement to follow the City’s
development standards. With future development proposals, the applicant must demonstrate
not just possible but actual street networks and utility connections existing or to be
constructed to support the intensity of development proposed. See also Section 6, Criterion F
regarding transportation and Section 5. The criterion is met.
E. Reasonable provision of adequate light and air.
This criterion is met. This criterion is not about individual preferences for a given degree of
visual openness, but about preservation of public health. The requested zoning districts meet
this standard. The form and intensity standards, Division 38.320, 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. Section
38.320.060 sets design standards for buildings located in high-intensity zoning districts such
as B-2M that are adjacent to lower intensity districts such as R-3. These standards specify
setback and height step-back standards to mitigate the difference in allowable development
between the two zones. 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.
This criterion is met. All development permitted under the requested zoning (or any other
municipal zoning district) will result in increased trips along streets, sidewalks, and trails
compared to the existing condition of one home on the 24 acre project site. The
recommended terms of annexation and the City’s development approval processes will
sufficiently address impacted transportation systems. Mitigation actions include requirements
for easements, the waiver of the right to protest special improvement districts related to
transportation, capital improvement projects, and construction of future roads. See also
discussion under Section 5, annexation Goal 7, Policy 7, Policy 9, and Section 6, Criterion D.
Public comment was received regarding transportation impacts of future development.
The City conducts routine transportation monitoring, modeling, and planning to understand
existing conditions and future needs of the transportation system. The 2017 Transportation
Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street
Network, shows Story Mill Road as a collector and Bridger Canyon Drive as an arterial. The
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Greater Bozeman Area Transportation Plan 2007 Update, Gallatin County’s adopted
transportation plan for this same area, shows the same street classifications on Figure 2.2.
These two streets will be the primary collector and arterial accesses to the site over time.
Local streets will link the larger arterial and collectors. Both documents show extensions of
McIlhattan Road to Story Mill Road as future expansions of the road network.
Further capacity expansion to the transportation network is planned, such as improving Story
Mill Road, improving Griffin Drive, including the intersection of Griffin Drive and Manley
Road which are part of the immediate arterial/collector transportation network. These
expected actions to implement the Transportation Master Plan will mitigate impact on the
larger transportation network as the overall area develops. Not all of these expansions will be
the responsibility of individual projects.
Story Mill Road adjacent to the site is currently a two lane county road with no sidewalks.
Development of the site will require development of additional street capacity. Exact routing
of travel and character of the improvements is not known at this time. They will be identified
during development review when a specific construction proposal is made and impacts can
be more accurately identified. Anticipated street capacity for various classes of streets is
shown in Table 2.7 of the Transportation Master Plan and discussed in Section 2.4.1 of the
same document. The scheduled signalization of Story Mill and Bridger Drive will provide
protected access to enter and exit from the major street network. The comments from the
Engineering Division advised the applicant that secondary access to the site and limited
traffic growth on existing streets will be part of the City’s review of any future development.
Future development of this property provides opportunity to expand the pedestrian network
through installation of sidewalks along Story Mill Road and the interior streets which will be
located and constructed with subsequent development. Construction of the street and
sidewalk network interior to the property will provide pedestrian and bicycle connection to
the open space and trail areas in the adjacent Legends Subdivision to the east and north of the
property. The construction of sidewalks along Story Mill Road and the future intersection
improvements of Story Mill Road and Bridger Canyon Drive will provide safe pedestrian
access from the future developments to the shared use “Main Street to the Mountains” path
and Story Mill Park on the south side of Bridger Canyon Drive. Sidewalk installation is a
minimum development standard under Chapter 38. This expands and improves the non-
motorized transportation system. These links will be required with any future development
under any municipal zoning district. The recent completion of the M trail connects to many
other sections of the pedestrian network in the city.
The City has set minimum standards applicable to development to limit block length, ensure
trail and sidewalk connections, and provide streets adequate to carry traffic projected from
development. These standards are not applied at the time of this zone map amendment, but
are implemented during the subdivision and site plan processes required before any
construction may begin. See also Section 6, Criterion D.
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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.”
The zoning designation itself does not change traffic flow or transportation demand. The
compliance of future development with adopted standards will offset impacts from that
development.
Following the analysis above, Staff finds this criterion to be met. See also discussion under
annexation Policy 7 above.
G. Promotion of compatible urban growth.
Yes. 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)
There are widely varying opinions about what constitutes compatibility. To address this wide
variation of viewpoint, Compatible development and Compatible land use are defined in
Article 38.7 BMC to establish a common reference for consideration of this criterion and
application of development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the City's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.”
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As noted in the definition of Compatible development, there are many elements that
contribute to compatibility. The first sentence identifies compliance with the growth policy,
as described in Section 6, Criterion A above, as a substantial element of the character of
compatible development. 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 requested R-3 district is a residential district that is proposed along the northern, eastern,
and a majority of the southern perimeters of the property, immediately adjacent to R-1
zoning and a small portion of R-3 zoning. The allowed uses for residential districts are set in
38.310.030. The allowed uses are included in Appendix B. A review of Table 38.310.030.A -
Permitted general and group residential uses in residential zoning districts, shows four
differences between the proposed R-3 and the adjacent R-1 zoning district. The distinctions
between the two zoning districts are number of residential units per lot and type of building.
The distinctions do not negate compatibility. The requested R-5 zoning district follows a
similar pattern of compatibility. Both R-3 and R-5 are implementing districts of the
Residential Mixed Use designation from the growth policy, furthering support for the
requested districts per the definition of compatible development.
The requested B-2M and REMU zoning are higher-intensity mixed-use districts. The
locations where they have been requested are compatible with the growth policy designation.
The surrounding areas are characterized by a wide mix of uses, including single-household
dwellings, townhouses, commercial uses, parks, etc. The uses allowed in B-2M and REMU
include more additional commercial uses than are allowed in the adjacent R-3 and R-5
districts, which does not negate compatibility. Compatible land uses, as defined above, are
those that can exist in harmony and do not cause physical hazards. They do not have to be
identical or similar in size or scale to be compatible. Examples of development standards
applied to future development to support compatibility are constraint and treatment of storm
water runoff, and lighting required to be dark sky compliant and not trespass on adjacent
property. The map below depicts the requested zoning of R-3, R-5, B-2M, and REMU as
well as the R-1, R-S, districts which are the majority districts for the area surrounding the
subject property. R-2 has been shown as well for reference. As you can see there are many
examples throughout Bozeman that show adjacency between the requested zoning and the
existing zoning. R-3 bordering R-1 is a common theme throughout the city. R-5 and R-3 can
be seen in close proximity or bordering B-2M in several locations despite the lack of
prevalence of the B-2M district throughout the city. B-2M as a district was created in 2016.
The City has not experienced any issues with the adjacent districts.
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Proximity map showing adjacency of R-S, R-1, R-2, R-3, R-5, B-2M, REMU
The form and intensity standards for residential districts are in 38.320.030. There are some,
but still modest, differences between R-3 and R-1 in this portion of the development
standards. Development may take many forms in either zoning district. There have been
many public comments expressing concern for the allowable height limits in the districts.
The difference between R-1 and R-3 is minimal. The difference between R-1 and B-2M is
significant but will be mitigated by the distance between the districts. The table below shows
maximum heights for each district. Page 77-78 of the BCP 2020 says “Nothing in the zoning
amendment or site review criteria requires the Commission restrict one owner because an
adjacent owner chooses to not use all zoning potential.”
Roof pitch R-1 R-3 R-5 REMU B-2M
Less than
3:12
28’ 36’ 50’ Max. 5
stories
Max. 5
stories
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3:12 or
greater
40’ 46’ 60’ Max. 5
stories
Max. 5
stories
When evaluating compatibility, both what is built and what can be built are taken into
account. The existing built environment in the immediate area is largely two-story detached
single houses and townhouses. The proposed zoning adjacent to this condition is R-3 which
allows for essentially the same number of stories as R-1; three to four, depending on floor-to-
floor heights. More interior to the property is the R-5 zone which could potentially allow up
to six stories, more realistically based on current construction trends and market forces, it
could build out at five stories. For reference, many of the new buildings in the downtown
area are 5 stories and 70 feet. REMU and B-2M allow up to five stories as well. The
allowable height between these districts, albeit higher than what exists, is not significantly
higher than what is allowed to be built in the adjacent zones. These permitted heights reflect
the City’s push towards a denser, urban environment and are supported throughout the BCP
2020.
The more intensive development elements allowed in the “R” zones, including the REMU
district are subject to additional development standards established in Article 38.5, Project
Design, of the municipal code. These standards address both site and building design to
enable differing uses and scales of development to meet the definition of compatible in the
municipal code and presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality
and beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible
with, and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City;
F. Enhances the livability of Bozeman's residential developments;
G. Maintains and enhances property values within Bozeman.”
The primary uses in the R-3, and R-5 districts are a mix of residences. Primary uses in
REMU is a mix of residences and a mix of commercial uses. B-2M is primarily a commercial
district that has allowance for a variety of residences. Primary uses in the AS district are low
intensity residential and agricultural. The entire property is slated for mixed-use development
per the growth policy designations as described in Section 6, Criterion A. However, the
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applicant has elected a proposal of R-3 adjacent to the existing R-1 district to be sensitive to
the existing conditions and the neighbors in the area. R-3 is a residential district that allows
for a mix of residential types and few complimentary uses such as daycare businesses. As
described above, the City has many standards to address compatibility. Therefore, the uses
are expected to be compatible.
The higher intensity use allowed by R-5, B-2M and REMU, such as apartments, can be seen
directly adjacent to the lowest intensity of uses, such as single-household homes throughout
Bozeman. One historic example of this condition can be seen at South 3rd and Koch where
there is a large apartment building surrounded by single-household homes. A recent of this
condition includes a 186-unit apartment development located in the Flander’s Mill
Subdivision in a neighborhood that is predominantly single-household homes. The property
that the apartment development is located on is R-4 and the surrounding area is R-3. This
illustrates that a developer can buildout property at the lowest intensity zoning allows and it
will not preclude the adjacent property owner from developing at the highest intensity zoning
allows. These examples indicate that high density residential uses have coexisted with low
density residential uses throughout Bozeman for decades and continue that trend to this day.
This is further evidence that the uses allowed by the proposed zoning districts are compatible
with the surrounding area.
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
Staff concludes that although most of the requested zoning is different than the surrounding
zoning districts, it is compatible and is considered urban growth as called for in the growth
policy. See also discussion for Section 6, Criteria A & H.
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H. Character of the district.
This criterion is met. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to
carry out the purposes [promoting health, safety, morals, or the general welfare of the
community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains unaltered. The requested zoning meets the requirements
of this criterion because, although there are differences, it does not change the character of
the surrounding zoning districts or the area as a whole. The R-3 zone, R-5 zone and REMU
zones allows a similar range of residential uses and building types as R-1. The proposed B-
2M zone is located the farthest away from the existing R-1 zones, which will mitigate any
potential conflicts between the districts. As proposed the R-3 zone will provide a buffer
between the surrounding lower density R-1 and the higher-intensity zoning districts that have
been requested with this application. This zoning pattern showing the distribution of districts
beginning at a lower district on the periphery of the city and subsequently becoming more
intense inward towards arterial streets and commercial areas is common throughout
Bozeman. See discussion throughout Section 6 in support of this conclusion.
Public comment was received regarding impact of the proposed zone map amendment on the
existing character of the area. The proposed amendment only applies to the Applicant’s
property and does not change what is or is not allowed on adjacent property.
Zoning doesn’t freeze the character of an area forever. Rather, zoning provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible built
environment are evaluated. If the amendment is accompanying an annexation request there is
often a substantial change in use that will occur. In this case, the Commission must look at
what the growth policy recommends for the area, as there is less built context to provide
guidance.”
Because the property is wholly surrounded by City, there is existing built context to consider
as part of the character of the area. The existing land uses in the area are a mixture of housing
types and commercial uses, all of which are supported by the proposed zoning districts.
Future land use map growth policy designations specify allowable zoning districts for
properties in the City based on existing character and future needs of the community as
identified in the growth policy. The proposed zoning districts are implementing districts of
the growth policy designations on the subject property and therefore will not substantially
change the character of the area.
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Active uses within a quarter mile include parks, detached individual homes, agricultural
fields, and a variety of commercial and mixed uses. This is a small selection of the potential
uses allowed in the existing zoning districts.
Proximity map showing existing land uses within ¼ miles
The above map demonstrates that this area is already supporting a variety of land uses which
have been coexisting in harmony for quite some time. The industrial uses along Story Mill
Road and Bridger Drive have been present for many years. The initial Story Mill was one of
the first major industrial facilities in the valley with multiple rail services crossing the area.
The six story grain elevators and mill are key identifying features in the area.
The permitted uses of the proposed zoning districts will provide complimentary housing
variety and commercial services in an already developed and high trafficked area. This area
has always been characterized by a mixture of uses and while the additional zoning districts
will change the area, they do not present any hazards to the existing developments.
Additionally, there are development projects within that quarter mile range which will be
developing in a similar pattern of zoning as this project is proposing. Ordinance 2087
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adopted REMU and B-2M zoning at the intersection of Griffin Drive and Story Mill Road in
September 2021. Locating higher intensity commercial uses near the intersection of a
collector and arterial is directly supported by the Community Commercial Mixed Use land
use designation. Encouraging a mixture of housing types and complimentary commercial
services is also discussed as an important factor for urban growth. Both of these concepts will
be implemented with the proposed zoning for this project and will enhance the character of
the district and area as a whole.
See Section 6, Criterion A above for discussion about the application and growth policy and
planned change to the character of the area.
As noted above, the City Commission has discretion within the limits of the State established
criteria in considering the location and geographical extents of a zoning district.
Implementation of zoning must also be in accordance with the adopted growth policy. As
noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use
pattern. See discussion in Section 6, Criterion A.
The BCP 2020 includes several objectives applicable to this criteria. These are:
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support business.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property which is a rural
individual home with accessory buildings. This is true even if both are used for similar types
of housing due to the differences between municipal and county zoning standards. These
distinctions do not prohibit the property from being annexed and zoned by the City as
requested by the landowner.
As noted above, the City Commission has latitude in considering the geographical extents of
a zoning district. A review of the existing uses within a quarter mile radius of the amendment
site shows 7 City zoning districts; R-1, R-2, R-3, R-S, B-1. B-2, M-1. See discussion under
Section 6, Criterion A above. This wide variety of zoning districts within a relatively small
geographic area demonstrates that compatible development and compatible land uses can be
implemented by many zoning districts, including those requested with this application.
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Proximity Map showing zoning within ¼ mile of the project site
Page 77 of the BCP 2020 describing review of zoning map amendments states, “When
evaluating compliance with criteria, it is appropriate to consider all the options allowed by
the requested district and not only what the present applicant describes as their intentions.”
When evaluating compatibility between zoning districts, Staff considers the full range of
allowable uses, not only what is built now or proposed by a specific project. See Section 6,
subsection G. for further discussion.
In the immediate vicinity, just south of Bridger Canyon Drive, there have been two
successful zone map amendment applications. The Bridger View Redevelopment, 19105,
rezoned approximately 9.37 acres previously zoned R-2, B-1 and R-4, to R-3. Just south of
there, the Stockyard Properties ZMA, 21105, rezoned approximately 15.33 acres of R4 and
B-1 to B-2M and REMU. The City has determined that these zoning districts reflect the
definition of compatible development as described in the growth policy. A variety of housing
types, uses and buildings promotes complete, walkable neighborhoods and is accomplished
with this pattern of development. The Canyon Gate project has proposed a similar pattern as
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the one described above, buffering the adjacent R-1 development with R-3, the lowest
density district allowed by the underlying growth policy, and then increasing in intensity as
the property gets closer to the intersection. The area overall is changing rapidly and will be
home to several developments of varying densities and uses, furthering the goals of the
growth policy.
Proximity map of Canyon Gate project and recent ZMA applications
Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing
zoning districts of the Community Commercial Mixed Use and Residential Mixed Use land
use category. That category allows for zoning districts that authorize a wide range of possible
future development. There are no zoning districts which are limited to only one type of
development. All zoning districts implementing the Community Commercial Mixed Use,
Urban Neighborhood and Residential Mixed Use categories provide for a range of housing
types, institutions, and commercial activities. The expansiveness and intensity allowed varies
between districts.
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The BCP 2020 calls for evaluation of the entire range of uses in zoning districts when
evaluating criteria for zoning amendments. As discussed under Section 6, Criterion G, the R-
3 zoning district and the adjacent R-1 zoning district are both residential in nature and are
more similar than different in uses and standards. Development in R-3 can be more intensive
than that allowed in the R-1 district, such as an apartment building limited, which is subject
to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and
building design. The pattern of zoning that presents a lower-density R-1 district adjacent to a
medium density R-3, and then subsequently increases in density towards a major
thoroughfare is a common theme throughout Bozeman. The sequence of zoning from R-1, R-
3, R-5, and then B-2M and REMU is a well-suited pattern for increasing density while still
being sensitive to the existing development. The requested zoning districts as proposed are
supported by the land use designations and precedent set by similar zoning patterns
throughout Bozeman. Locating R-3 adjacent to the R-1 zone will be a gradual increase in
density and as the FLUM designation changes from Residential Mixed Use to Community
Commercial Mixed Use close to the intersection of Bridger Canyon Drive and Story Mill, the
allowable density and commercial uses permitted by the proposed districts increases. This
pattern of commercial/mixed-use zoning adjacent to a collector street is further supported by
the statement in BCP 2020 for the Community Commercial Mixed Use designation;
“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.”
When a zoning amendment is applied for the BCP 2020 guidelines take into account the
variety of allowable uses that proposed zoning districts permit in context with existing
development. Development patterns have changed over the years, and the community need
for higher density housing has increased. This change in needs and trends propagates land
use designations throughout Bozeman that do not necessarily reflect what is existing or
immediately adjacent. The statement below highlights some of the criteria listed on page 75
of the BCP 2020.
“Second, when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
While the statement above may ring truer for annexations that occur on the periphery of city
limits, elements of it are prescriptive for the zoning districts that have been proposed with
this project. The actual built environment in the immediate area is a diverse mix, with single
detached homes on the northeast boundary of the property, rural development on site, and
mixed use to the west and south. The possible built environment is a reflection of the existing
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environment, accompanied with higher intensity commercial and residential, but mixed and
diverse nonetheless.
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
districts to be compatible with adjacent development and uphold the residential character
immediately adjacent to the R-1 district that surrounds the subject property. The following
excerpt from the BCP 2020, page 75 describes the City’s adopted approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
The standards adopted by the City prevent physically dangerous spillover effects. An
example is the capture, treatment and discharge controls from additional storm water runoff
as additional impervious surfaces are built. Required setbacks from property lines,
landscaping requirements, and similar site and building standards address character and
compatibility. These and other standards carry out the intent and purpose of the City’s land
development standards in Chapter 38 of the municipal code.
Sec. 38.100.040. - Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety
and general welfare; to recognize and balance the various rights and responsibilities
relating to land ownership, use, and development identified in the United States and
State of Montana constitutions, and statutory and common law; to implement the
city's adopted growth policy; and to meet the requirements of state law.
Staff concludes that although several of the proposed districts are different than the
surrounding zoning, the allowable uses for the zoning districts are similar to the surrounding
area and the character of the district. See also discussion for Section 6, Criteria A, G, and F.
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I. Peculiar suitability for particular uses.
This criterion is met. The proposed amendment does not modify the existing standards of the
proposed districts. Therefore the impact of the amendment is limited to this application site.
The property is generally flat. Groundwater in the area is shallow and at hazard from onsite
sewage treatment. The property is within the City’s planning area for land use and utility
extensions. There is frontage on Story Mill Road, a collector, and Bridger Canyon Drive, an
arterial street. Municipal utilities and emergency services can be extended to the area. The
site is capable of supporting a more intensive district in the range of zoning districts.
These features are not unusual for properties adjacent to the City. The described features
support annexation and development within the City. The characteristics of the property as
described in the criteria above enable positive findings for this criteria specific to the
requested zoning districts being more suitable than another.
J. Conserving the value of buildings.
This criterion is met. The proposed amendment does not modify the existing standards of the
requested districts. Therefore the impact of the amendment is limited to this application site.
The property has one detached home and associated outbuildings on it. The owner of the
property is the applicant. The proposed zoning districts will have no negative effect on the
value of buildings within the amendment boundary.
As discussed under Section 6, Criterion H, property to the west, north, and east has or will
have separation from future development on the site and will be protected by development
standards. As discussed under Section 6, Criteria A, G, and H, placement of the proposed
districts is consistent with the planned uses and long term character of the area.
Any new structures at the site will be required to meet setback and other protective
requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential
negative impacts to the value of surrounding buildings and properties. As described in earlier
criteria, the proposed zoning is compatible with existing buildings on adjacent properties and
does not create any new situations not in compliance with municipal code. Therefore, this
criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
This criterion is met. As discussed in Section 6, Criterion A above, this property has been
planned for urban residential uses for many years. The proposed B-2M, REMU and R-5
districts can be seen throughout the city along major arterials and around high traffic areas as
is proposed with this project. The proposed R-3 district is a primarily residential district that
allows uses that reflect a similar development pattern to those immediately adjacent to the
subject property. The property is wholly surrounded by properties within the City, and is
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encouraged for annexation. The property is in an area of high groundwater where septic
systems are a possible hazard to groundwater. The criterion is met.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not spot
zoning.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that
are different. To be a Yes answer, the reviewer must demonstrate a ‘significant difference.’
As stated in Section 6, Criterion H above, when evaluating the character of the district the
entire range of uses authorized in a district is evaluated, not just what has been built. The R-3
district is primarily for homes as established in 38.100.030.F and 38.310.030. See also
Appendix B for a comparison of residential uses. The shape and configuration of homes may
vary but remain homes. As discussed in several criteria above, the surrounding area is
already developed or planned for urban neighborhood, residential mixed-use and commercial
mixed-use development. A range of residential, commercial and mixed use intensities exists
or is being constructed in the surrounding area. A review of Table 38.310.030.A - Permitted
general and group residential uses in residential zoning districts, shows only three differences
between the adjacent R-1 and proposed R-3 zoning districts. A review of Table 38.310.030.B
– Permitted accessory and non-residential uses in residential zoning districts shows two
differences. Additionally, the R-1 district is only located immediately adjacent to a portion of
the north and the east side of the subject property. To the south and west there are a variety of
different zoning districts.
As mentioned earlier in the report, there are 7 different zoning districts within a quarter mile
of the subject property, ranging from low density residential to light industrial. These
districts host a variety of differences in allowable uses and currently exist in harmony with
one another. While the proposed districts do allow for a wider variety of uses and intensities,
the proposed “R” districts allow for all of the same uses as the existing “R” districts. The
differences in intensities, density and types of buildings do not present a “significant”
difference. Similarly, B-2M allows for many of the same uses as the M-1, B-2, and B-1
districts that are seen in close proximity to the property but allows for slightly more intense
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development. As noted above, other recent zone map amendments have placed B-2M in the
near vicinity. Many of the land uses that REMU allows exist within a quarter mile of the
property as well.
Bozeman has deliberately developed a zoning system that includes districts with diverse uses
and opportunities. The City deliberately chooses to encourage diverse development and avoid
large areas of the same zoning. As noted in Section 6, Criterion A, this diversity of
development approach is supported and directed in the growth policy. As shown in several of
the proximity and large scale zoning maps in this report, the proposed districts have been
placed adjacent to a wide variety of other zoning districts, including mixed-use districts and
lower density districts. This is consistent with the legislative discretion authorized in 76-2-302,
MCA and cited in the discussion under Section 6, Criterion H.
As discussed in Section 6, Criteria A, G, and H, the area proposed for zoning change is in a
transitional area and changing over time from rural to urban. The implementing zoning
districts for the designated future land use categories in the BCP 2020 allow both residential
and non-residential uses. Some implementing zoning districts, such as B-2M are primarily
business oriented. The R-3, R-5 and REMU are primarily for residential uses.
Development of the site in compliance with the proposed districts provides for a wide variety
of development patterns and land uses, but the proposed locations take into account the
surrounding developments. The range of uses is compatible with the most common
residential land uses in the area and the surrounding commercial uses. As described in
Section 6, Criteria G, H, and others above, the uses authorized in the proposed zones are
similar to the urban land uses in the area. This spot zoning criterion only looks at use. It does
not consider similarity or difference in other standards related to development such as height,
separation from property lines, etc. The review of those issues is addressed in the state
required zoning criteria above.
The existing land uses and development in the area present a diverse mix and therefore staff
finds this proposal will not be significantly different in uses than what exists in the area.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with annexation of the
single 25.13acre property. Although the City supports multiparty annexation applications,
landowner initiated annexation of single properties are the most frequent annexation requests
received by the City.
As described in Section 6, 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. As described in the report above, there are
opportunities to advance the transportation network, provide commercial goods and services,
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and provide other identified public benefits. Although there are generalized benefits to the
community from the annexation and zoning change, the number of direct beneficiaries is
small. With a resident population in the City now exceeding 50,000 persons, a zoning
amendment would need to affect a large area of the City to not be considered as “small” in
the number of beneficiaries.
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. Any annexation and municipal zoning will change the open and agricultural
nature of the property. Any development at a municipal density will increase utility and
traffic demand. Refusing annexation would disadvantage the existing owner from
opportunity to develop as has been enjoyed by surrounding landowners.
As discussed in the various review criteria above, no substantial negative impacts or hazards
are identified due to this amendment which cannot be resolved or mitigated through other
City standards, policies or regulations. Although the zoning map is changing, the associated
Terms of Annexation, and the development standards referenced throughout the analysis of
the zone map amendment will limit impacts of new development and avoid expense to the
general public or surrounding landowners. When looking at the City as a whole, Bozeman is
in need of additional housing to meet increased demand for a variety of housing options. As
the City works towards facilitating the increase in housing supply, it is important to ensure
commercial goods and services are located within a reasonable proximity to new residential
areas, creating more walkable neighborhoods and reducing the demand on existing facilities
and institutions. The proposed zones would allow for more housing, goods, and services in a
growing area of the City, which benefits the general public.
The City Commission has adopted legal documents by which land uses and development
patterns are determined within city limits. The Unified Development Code (UDC), along
with the growth policy (BDC 2020) provide the guiding framework that governs what growth
looks like in our community. These documents go through numerous iterations as the
knowledge and understanding of development principles evolve, and as the needs of our
community change. The UDC establishes technical requirements that dictate the layout of
subdivisions, the placement and height of buildings, the width of driveways, allowable land
uses, and a plethora of other development requirements that shape the fabric of the
community, and protect the safety of its members. The growth policy is a visionary document
that contains the long term goals of the City for the next 20 years. These goals were crafted
based on current growth and development trends, contemporary planning theory, and through
a robust public engagement process that spanned the course of several years.
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The layered dynamic of the two policy documents creates the ability for our community to
begin with large scale ideas about community growth and development and distill them down
into a technical guide for how that growth and development can physically occur. The goals
and themes of the growth policy informs the technical content of the UDC which contains
provisions whose main focus is protecting the health, safety, and general welfare of the
community. This dynamic ensures that locations and standards of zoning districts are a
benefit to the community as a whole and do not benefit only one landowner.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 59 of 64
Based on the cadastral layer used by the City, there are 53 properties that are within the 150 foot
zoning protest boundary. This means that 13 properties would have to properly submit written
protest.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on November 4, 2021, November 7,
2021, and November 14, 2021. The site was posted in two locations and notices mailed by
the applicant as required by 38.220 and the required confirmation provided to the Planning
Office. Notice was provided at least 15 and not more than 45 days prior to each public
hearing.
As of the writing of this report on November 18, 2021 265 public comments have been
received. Public comments were received through a variety of sources and as such there may
be repeat comments in the online file. As additional comments are received they will be
uploaded to the link below.
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&dbid=0&repo=BOZEMAN
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 60 of 64
The oral comments will be available through the recording of the Zoning Commission public
hearing which will be available through the City’s website. Issues raised by public comments
are addressed throughout this report. The majority of public comments received expressed
opposition to the project. Common themes in opposition based on the written public
comment submitted to date include:
Traffic routes and impacts, especially to the surrounding local streets.
EMS response times due to the railroad crossings on Rouse Avenue and L Street.
Increased density and the impact to the character of existing development in the
adjacent subdivisions
Luxury housing types instead of affordable housing
Impacts to wildlife
Parkland and open space
There have been five public comments to date that have been in support of the project for the
increased density and housing that it has the potential to provide as well as the addition of
commercial goods and services to the area.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential Mixed Use” and “Community Commercial Mixed
Use” in the Bozeman Community Plan 2020.
1. RESIDENTIAL MIXED USE
This category promotes neighborhoods substantially dominated by housing, yet integrated
with small-scale commercial and civic uses. The housing can include single-attached and
small single-detached dwellings, apartments, and live-work units. if buildings include ground
floor commercial uses, residences should be located on upper floor. Variation in building
mass, height, and other design characteristics should contribute to a complete and interesting
streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on
the ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale with
modulation in larger structures. Stand alone, large, non-residential uses are discouraged.
Non-residential spaces should provide an interesting pedestrian experience with quality urban
design for buildings, sites, and open spaces. This category is appropriate near commercial
centers. Larger areas should be well served by multimodal transportation routes. Multi-unit,
higher density, urban development is expected. Any development within this category should
have a well-integrated transportation and open space network that encourages pedestrian
activity and provides ready-access within and adjacent development.
2. COMMUNITY COMMERCIAL MIXED USE
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 61 of 64
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.
URBAN NEIGHBORHOOD
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation
indicates that development is expected to occur within municipal boundaries. This may
require annexation prior to development. Applying a zoning district to specific parcels sets
the required and allowed density. Higher density residential areas are encouraged to be, but
are not required or restricted to, proximity to commercial mixed use areas to facilitate the
provision of services and employment opportunities without requiring the use of a car.
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 62 of 64
Table 4 from the Bozeman Community Plan 2020
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 63 of 64
Proposed Zoning Designation:
The applicant has requested zoning designations of R-3 (Residential Medium Density), R-5
(Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and
REMU (Residential Emphasis Mixed Use),
The intents of the R-3 and R-5 districts share several elements in their definitions related to
variety of housing types including promoting a variety of housing types, densities and
complimentary uses such as day-cares. R-5 allows for minimal small-scale retail and
restaurants as well.
Authorized uses for residential zoning districts are in 38.310.030, BMC.
Form and intensity standards for residential zoning districts are in 38.320.030, BMC.
The B-2M and REMU zoning districts are mixed-use districts. B-2M is primarily a
commercial district that allows accessory residential uses and REMU is primarily a
residential district that allows accessory commercial uses. REMU allows many of the same
housing types as the R-3 and R-5 district and allows for more commercial options.
Authorized uses for the commercial and mixed-use districts are in 38.310.040.A, BMC.
Form and intensity standards for the REMU district is in 38.320.040, BMC and other
commercial and mixed-use districts are in 38.320.050, BMC.
Development standards and processes are primarily located in Chapter 38 of the municipal
code. Not all standards and process apply to all development proposals.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: /Applicant: Canyon Gate Investors, LLC, 111 E. Lamme St., Suite 101, Bozeman, MT
59715
Representative: Brooke Perrelli, 109 East Oak St., Suite 2E, Bozeman, MT 59715
Report By: Jacob Miller, Associate Planner
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
revenue according to standard City practices.
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Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 64 of 64
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 #21337, 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=240520&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=21-337
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&dbid=0&repo=BOZEMAN
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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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MEMORANDUM
------------------------------------------------------------------------------------------------------------
FROM: DEVELOPMENT REVIEW COMMITTEE
RE: CANYON GATE ANNEXATION AND ZONE MAP AMENDMENT,
APPLICATION 21337
DATE: OCTOBER 6, 2021
------------------------------------------------------------------------------------------------------------
Project Description: Annexation of 24.14 acres with requested zoning of R-3 (Residential
Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community
Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use)
Project Location: Property is addressed as 980 Story Mill Road
Recommendation: Staff found that the application materials provided complies with the
requirements of Chapter 38 of the Bozeman Municipal Code (BMC) and the annexation
policy and deemed the application adequate for further review.
Section 1– CORRECTIONS
1. The A1 – Development Review Form indicates that this project will also include a
Growth Policy Amendment which is not contemplated anywhere else in the
application, please clarify if a GPA is proposed.
A revised A1 has been provided to Ross Knapper and is provided in this submittal.
Section 2– RECOMMENDED CONTINGENCIES ANNEXATION
Please note that these are in addition to any required code provisions identified in this
report. These contingencies are specific to the development.
1. The documents and exhibits to formally annex the subject property must be identified
as the “Canyon Gate Annexation”.
Acknowledged
2. An Annexation Map, titled “Canyon Gate Annexation Map” must be provided with the
Annexation Agreement. The map must be supplied on:
a) A PDF.
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This map must be acceptable to the City Engineer’s Office and must be submitted
within 60 days of the action to approve the zone map amendment. Said map shall
contain a metes and bounds legal description of the perimeter of the subject property
including adjacent rights-of-way or street easements, and total acreage of the
property to be annexed.
See attached updated Annexation Map and word document of the metes and bound
legal description.
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.
Acknowledged. The applicant desires to execute all contingencies of the Annexation
Agreement concurrently with the City Commission hearing. Please provide a draft of
the Annexation Agreement at your earliest opportunity.
4. The landowners 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.
Acknowledged.
6. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall
address maintenance and operations until and unless the City affirmatively
assumes responsibility for maintenance and operations of stormwater
facilities within the area of the annexation.
b. The Annexation Agreement must include notice the City will, upon
annexation, make available to the Property existing City services only to the
extent currently available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of
water rights or a payment in lieu as required by the Bozeman Municipal
Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property
until it is verified by the City that the necessary municipal services are
available to the property.
e. The Annexation Agreement must include notice that, prior to development,
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the applicant will be responsible for installing any facilities required to
provide full municipal services to the properties in accordance with the City
of Bozeman's infrastructure master plans and all City policies that may be in
effect at the time of development.
f. The Annexation Agreement must include notice that utility easements may
be required to be provided by the landowner at the time of development to
ensure necessary municipal services are available to the property.
g. The Annexation Agreement must include notice that charges and
assessments may be required after completion of annexation to ensure
necessary municipal services are available to the property.
Acknowledged; it is the owner’s desire to have the annexation agreement
prepared and ready to be executed prior to the City Commission meeting
scheduled for December 21, 2021. Please provide a draft at your earliest
opportunity.
Section 3– RECOMMENDED CONTINGENCIES ZONING MAP AMENDMENT
Please note that these are in addition to any required code provisions identified in this
report. These contingencies are specific to the development.
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.
Acknowledged.
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “Canyon Gate Zone Map Amendment”.
Acknowledged.
3. The applicant must submit a zone amendment map, titled “Canyon Gate Zone Map
Amendment.” The map must be supplied on:
a) A PDF.
This map must be acceptable to the City Engineer's Office and must be submitted
within 60 days of the action to approve the zone map amendment. Said map shall
contain a metes and bounds legal description of the perimeter of the subject property
including adjacent rights-of-way or street easements, and total acreage of the
property to be rezoned; unless the property to be rezoned can be entirely described
by reference to existing platted properties or certificates of survey.
See attached updated Zone Map Amendment conforming with corrections made to the
Annexation Map.
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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.
See attached word document of the zoning metes and bounds.
Section 4 – ADVISORY COMMENTS
1. Anticipating additional development on the site in the future, if desired, the location
of water and sewer lines is critical. Please consider locating utilities to one side of the
property to allow the greatest flexibility for placing structure on the property in the
future. A shared agreement with adjacent property may allow more options.
Acknowledged.
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.
Acknowledged.
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
38.23.180.
Acknowledged.
Note: During preparation of the staff report for this application, additional
contingencies may be recommended based on comments and recommendations
provided by other applicable review agencies involved with the review of the project.
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MEMORANDUM
------------------------------------------------------------------------------------------------------------
TO: Jacob Miller, Assistant Planner
FROM: Lance Lehigh, Engineer III
RE: Canyon Gate Annexation & ZMA APPLICATION NO 21337
Engineering Comments, Requirements Associated with Annexation & ZMA, and
Advisory comments.
DATE: October 6, 2021
-----------------------------------------------------------------------------------------------------------
Engineering Requirements and Conditions Associated with Annexation.
Future City Facilities
1. The Annexation Agreement must include notice that, prior to development, the applicant will be
responsible for installing any facilities required to provide full municipal services to the property
in accordance with the City of Bozeman’s infrastructure master plans and all city policies that
may be in effect at the time of development.
Acknowledged.
Existing Water and Sewer
1. 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.
Acknowledged.
2. 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 disconnect prior to
connection of water service from the house to the City water system.
Acknowledged.
Easements & Boundaries
1. City of Bozeman Resolution 5076, Policy 1 – Story Mill Road is classified as a Collector in the
Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of
(90) feet. The applicant must provide their respective Story Mill ROW from the centerline of the
existing ROW as a public street and utility easement where Story Mill Road is adjacent to the
property. A 45-foot public street and utility easement must be provided prior to the adoption of
Resolution of Annexation. The applicant can contact the City’s Engineering Department to
receive a copy of the standard easement language.
A signed 45-foot Public Street and Utility Easement is provided.
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2. The applicant must provide Engineering with a copy of the water pipeline and access
easement (FILM 17, Page 29) for the 18-inch water main that runs through the southeast
corner of the property prior to annexation. As presented, no easement width is specified on
the submitted documents. If no easement exists, the applicant will need to provide a
standard 30-foot public utility easement through the subject project with the annexation.
The existing easement is provided. The existing easement is from 1889 and does not specify a
width. A new 30-foot Sewer and Water Pipeline and Access Easement and Agreement is
provided over this existing water main.
3. The applicant is advised that a gas main is located within MDT Parcel #129 & 146. The applicant
must provide engineering with a copy of the gas pipeline ROW easement (BK 122, Page 54) for
the gas pipeline that runs east-west along the southern edge of the subject property. In
addition, show the gas pipeline easement boundary width on the annexation exhibit.
The existing gas pipeline easement is provided. The easement does not specify a width. The
gas pipeline was located by One Call Locate and is shown on the annexation map. The gas
pipeline is located between 18’ and 27’ outside of the Canyon Gate property. This distance
exceeds typical utility easement widths.
4. The applicant must extend both the proposed zone map amendment as well as the annexation
map to the western edge of the existing Story Mill ROW, which will cover the entire Story Mill
Road ROW. The applicant should confirm the overall extent of the boundary with planning, since
the western side of Story Mill Road is outside of the City’s limits boundary and is typically
required to be extended across the entire ROW with annexation.
The Annexation Map has been revised to show annexation of adjacent rights-of-way on Story
Mill Road and Bridger Drive, which were previously outside of City Limits. All adjacent rights-of-
ways outside of City Limits will be included in the area to be annexed. A portion of the west side
of Story Mill Road adjacent to Tract A of COS 1518 is by easement and not a dedicated right-of-
way. This area is not included in the area to be annexed.
Water Rights
1. The applicant must contact Brian Heaston with the City’s 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 the adoption of Resolution of Annexation, if applicable.
Acknowledged.
Conditions of Approval
1. City of Bozeman Resolution 5076, Policy 1 - 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) on City standard form for the following:
a. Street improvements to Story Mill Road between Boylan Road and East Tamarack Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack Street
and Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse Ave
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
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drainage.
d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
e. Intersection improvements at East Tamarack Street and North Wallace Ave including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of the 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 filed SID
waiver prior to the adoption of Resolution of Annexation.
See attached SID waiver.
Engineering Advisory Comments associated with future development of the subject
property (i.e., subdivision, site plan, etc.).
The applicant is advised that future development applications will be reviewed against Bozeman
Municipal Code and Engineering Design Standard requirements at the time of development.
Easements
1. BMC 38.410.060 Easements - A ten-foot wide utility easement (power, gas, communication,
etc.) must be provided along Bridger Canyon Road, Boylan Road, and Story Mill Road. The
easement must be executed on the City’s standard easement form. A copy of the standard
easement form can be obtained from the City Engineering Department.
Floodplain
1. BMC 38.600.130 Regulated Flood Hazard Area Boundaries - The applicant is advised that the
Preliminary Plat Stormwater Plan for the neighboring property, The Legends at Bridger Creek II
Subdivision (February 2006), indicates the subject annexation property is situated in an
historical flow path of Bridger Creek. The City considers the Legends II stormwater plan to be
best available information concerning flood risks associated with the subject property. The
Legends II stormwater plan describes that the major drainage features within the Legends II
subdivision are designed to convey approximately 300 cfs of flood water from Bridger Creek
during the 1-percent annual chance flood event (100-yr). These drainage features route flood
water directly onto the subject annexation property.
The applicant is advised that at the time of future development a flood risk analysis conducted
by a qualified professional engineer in accordance with FEMA guidelines and standards must be
completed to correctly identify the existing flood hazards associated with the subject property.
Furthermore, the applicant is advised that should the evaluation indicate flood hazards exist the
applicant may be required to mitigate such hazards as part of future development. The applicant
is also advised that should the evaluation identify flood hazards that flood hazards to the
surrounding area shall not be increased as a result of future development.
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The applicant is also advised that based upon the flood hazard evaluation the City may require
as part of the review of future development that the effective FEMA Flood Insurance Study (FIS)
and Flood Insurance Rate Maps (FIRMs) for Bridger Creek be revised.
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High
Groundwater - The subject project is located in an area that is known to have seasonally high
groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal
high groundwater data must be measured and submitted with any future development
application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is
advised to begin groundwater measurements in the winter and continue measuring through
July. Measurements must be at sufficient intervals to define the SHGWL across the site.
Industry guidance recommends a three-foot minimum separation from the bottom of a
stormwater facility to the underlying groundwater table. The applicant is advised that future
development may be subject to limitations or restrictions based on seasonal high groundwater
elevations.
Water
1. DSSP Section (V) (A) Main Size -The applicant is advised that the subject property is located in
the City’s Northeast pressure zone. Water pressures around the subject property vary from 115
to 125 psi. The water distribution system must be designed to meet the requirements outlined
in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system
improvements must also be designed and installed in accordance with the Montana Department
of Environmental Quality Circular 1; Montana Public Works Standards and Specifications
(MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility
Plan.
Wastewater
1. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – The applicant must provide an
estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the
proposed project. The City will analyze and determine if sewer capacity is available to
accommodate the project. The applicant is advised that sewer capacity is allocated on a first
come first serve basis and is not entitled until preliminary plat or site plan approval.
Transportation
1. BMC 38.400.010 Streets (A) (7) – Story Mill Road must be fully constructed to the City’s
Collector standard from the subject property’s northern boundary (Boylan Road) to the
intersection of Story Mill & Bridger Canyon Drive in accordance with the City’s Transportation
Master Plan upon future development. The applicant is advised that any required ROW or public
street and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
2. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and
intersections must operate at a minimum Level of Service “C” unless specifically exempted by
the review authority. The applicant is advised that the intersection of Story Mill Road and
Bridger Drive currently operates below a Level of Service “C”. The intersection must upgrade
prior to future development. The applicant is advised that the intersection is currently
scheduled within the City’s Capital Improvement Plan, with construction anticipated to start in
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2022. This upgrade may be eligible for cash-in-lieu of infrastructure if the conditions outlined
within BMC 38.270.070 are satisfied.
3. MC 38.220.060 (A) (12) Traffic Generation - A traffic impact study (TIS) will be required for the
proposed development which will need to discuss how much daily traffic will be generated on
existing local and neighborhood streets, roads, and alleys, when the subdivision is fully
developed.
a. The applicant will need to coordinate the TIS with the engineering department prior to
future submittals. Local intersections may be required to be analyzed, depending on the
proposed density, trips generated, and type of usage.
4. BMC 38.410.040 Blocks – The applicant must construct an appropriate local street grid through
the property that meets block length requirements. With future development applications, the
applicant will need to demonstrate that block length standards are satisfied, unless otherwise
impractical.
a. The applicant is advised that the future street grid must have a potential future
connection to Northview Street at the adjacent developments (Legend’s Subdivision)
Northview/Alley intersection (BMC 38.400.010).
Other
1. Prior to future development or redevelopment the applicant should contact Northwestern
Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with
NWE suggests the presents of a high-pressure gas main in the vicinity.
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RCREVISION AND CORRECTION
SUBMITTAL FORM
REVISION AND CORRECTION FORM PROCEDURE
This form is for changes or corrections to an existing application. Additional or revised plans or documents will not be accepted
unless accompanied by this completed form. Fees are required for third and subsequent revisions.
SUBMITTAL REQUIREMENTS
1.A completed RC revision/correction submittal form. It must be the first item in the resubmitted set.
2.Ensure all original and updated plans and documents are included in the file and meet digital naming protocol. Each
individual document or plan sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have
any spaces (use capital letters to delimit words), and includes the name of the item. Digital version of all materials as a JPEG
or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller
files. Ensure the layers are flattened.
3.Revised drawings must be updated with a new current date on each revised sheet. Title sheet table of the contents/plan
schedule must be updated with new dates for each sheet modified. Retain the original date on sheets that have not been
updated or revised and include them with the submittal.
4.A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail.
Changes to plan sheets must include sheet and detail numbers.
5.All changes must be clouded or highlighted on each plan set.
6.Legal documents, studies, letter or other documentation must have a clear date of revision on the front page.
7.Re-submittal of plans must be complete plan sets. No individual sheets will be accepted.
Community Development
APPLICATION FEE
Fee (after third and subsequent submittal) 1/4 of the total original application fee
SUBMITTAL INFORMATION
Application File No: Application Type:
Project Name:
Contact Name:
Phone:
Email:
SUBMITTAL TYPE
NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and
has not been reviewed before.
CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the
applicant.
If both types are being submitted, the written narrative must clearly differentiate between changes and corrections. If there are
changes to preliminary approved plans or approved plans, please use the modification application process (MOD application).
Revisions and Corrections Submittal Form Page 1 of 2 Revision Date: February 2021 91
REVISION AND CORRECTION
SUBMITTAL FORM
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
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