HomeMy WebLinkAbout12-21-21 City Commission Meeting Amended Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Videoconference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Public Service Announcements
D.1 City of Bozeman offices will be closed Fridays, December 24 and December 31 in
observance of the Christmas and New Year's Holidays, respectively. There will be no City
Commission meeting on Tuesday, December 28.(Maas)
E.FYI
F.Commission Disclosures
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, December 21, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=e11bff51f61a019d5ed694749b382d017
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream or channel 190
United States Toll
+1-650-479-3208
Access code: 2554 557 5428
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting
the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting.
If you are not able to join the Webex meeting and would like to provide oral comment you may send a
request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
the City Clerk will call you during the meeting to provide comment.
You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
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G.Consent
G.1 Accounts Payable Claims Review and Approval (Tonkovich)
G.2 Formal Cancellation of the December 28, 2021 Regular City Commission Meeting (Maas)
G.3 Approve Allison Phase 4A Major Subdivision Final Plat, Located East of S. 11th Avenue and
on Either Side of Arnold Street, and Authorize Staff to Complete All Documents, Project
21022(Montana)
G.4 Authorize the City Manager to Sign a Utility Easement with Wild Peach LLC for the Wildlands
Development Project (21326)(Schultz)
G.5 Authorize the City Manager to Sign a Professional Services Agreement with Evan Brooks
Associates for Grant Search and Grant Writing Services(Rosenberry)
G.6 Authorize the City Manager to Sign on to National Opioid Settlement with Opioid
Distributors and Manufacturer Janssen(Rischke)
G.7 Resolution 5362 Amending the Metes and Bounds Description of the University Crossing
Apartments Annexation, Resolution 5331 to Correct a Scrivener's Error, Application
21152(Saunders)
G.8 Resolution 5364 Certification of Delinquent City Assessments to the County (Rosenberry)
G.9 Resolution 5366 Calling a Public Hearing to Approve a Project in the Northeast Urban
Renewal District, Known as Wildlands, as an Urban Renewal Project and Using Tax
Increment Revenues to Reimburse Eligible Costs of Such Project(Fine)
G.10 Resolution 5368 Adopting the Bozeman City Commission Priorities for 2022 and
2023(Mihelich)
G.11 Resolution 5369 Appointing Special Counsel in the matter of Ethics Complaint of Daniel
Zyvoloski(Mihelich)
G.12 Ordinance 2091 Final Adoption of Update to Accessory Dwelling Unit Standards Text
Amendment to Revise the Bozeman Municipal Code to Amend the Requirement That
Ground Floor Accessory Dwelling Units Must Have Alley Access by Requiring That Ground
Floor Accessory Dwelling Units (ADUs) Must Either Have Alley Access or a Pedestrian
Connection to a Sidewalk or Adjacent Right of Way and Remove the Requirement to Provide
Minimum Parking For ADUs. Revise Affected Sections to Implement the Revisions.(Miller)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
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I.Action Items
I.1 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment,
Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish
Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application
21337(Miller)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
SUBJECT:City of Bozeman offices will be closed Fridays, December 24 and December
31 in observance of the Christmas and New Year's Holidays, respectively.
There will be no City Commission meeting on Tuesday, December 28.
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Inform holiday hours
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:n/a
UNRESOLVED ISSUES:n/a
ALTERNATIVES:none
FISCAL EFFECTS:none
Report compiled on: December 16, 2021
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Memorandum
REPORT TO:City Commission
FROM:Kathleen Tonkovich, Accounts Payable Clerk
Anna Rosenberry, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing. Individual claims
in excess of $100,000: to be announced in weekly e-mail from Interim
Accounting Technician Levi Stewart and Accounts Payable Clerk Kathleen
Tonkovich.
Report compiled on: December 9, 2021
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Formal Cancellation of the December 28, 2021 Regular City Commission
Meeting
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve cancelling the regular City Commission meeting on December 28,
2021.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Mayor has decided not to meet on December 28, 2021. Per Bozeman
Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission
may cancel a regular meeting if not business is scheduled for that meeting.
This item formalizes this decision to cancel the meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: December 16, 2021
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Planner III
Brian Krueger, Development Review Manager
Martin Matsen, Community Development Director
SUBJECT:Approve Allison Phase 4A Major Subdivision Final Plat, Located East of S.
11th Avenue and on Either Side of Arnold Street, and Authorize Staff to
Complete All Documents, Project 21022
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Adopt findings and approve the Allison Phase 4A subdivision.
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 Allison Phase 4 Preliminary Plat was conditionally-approved in February
2020, Project No. 19002. This Final Plat would provide 40 single-household
residential lots, 4 multi-household lots and 3 restricted lots for future
subdivision.
UNRESOLVED ISSUES:None, with recommended conditions approved by the City Commission.
ALTERNATIVES:1. Approve the Final Plat application with the recommended conditions and
code provisions.
2. Approve the Final Plat application with modifications to the
recommended conditions;
3. Deny the Final Plat application based on the Commission's findings of non-
compliance with the applicable criteria contained in the Bozeman Municipal
Code (BMC) and findings of the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the Applicant to supply additional information or to
address specific items. This alternative is requested if the Commission
wishes to amend or add conditions of approval.
FISCAL EFFECTS:None.
Attachments:
09282021 148-105 sheet 1.pdf
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09282021 148-105 sheet 2.pdf
09282021 148-105 sheet 3.pdf
09282021 148-105 sheet 4.pdf
09282021 148-105 sheet 5.pdf
09282021 148-105 sheet 6.pdf
09282021 148-105 sheet 7.pdf
21022 Allison Phase 4A Final Plat Memo to City Atty.docx
Report compiled on: October 21, 2021
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MEMORANDUM
----------------------------------------------------------------------------------------------------------
TO:TIM COOPER, ASSISTANT CITY ATTORNEY
MIKE MAAS, CITY CLERK
FROM:SUSANA MONTANA, SENIOR PLANNER, DEVELOPMENT REVIEW
DIVISION
RE:FINAL PLAT REVIEW FOR THE ALLISON PHASE 4A SUBDIVISION FINAL
PLAT, PROJECT NO. 21022
DATE:October 20, 2021
----------------------------------------------------------------------------------------------------------
The Bon Ton Inc. (Applicant), made application to the City of Bozeman Department of
Community Development for Final Plat review and approval for the Allison Phase 4A
Subdivision Final Plat for the subdivision of 48.04 acres into 47 lots and streets and rights-
of-way. Attached is a copy of the Allison Phase 4A Preliminary Plat Findings of Fact and
Order document.
Since the City Commission approved the Allison Phase 4 Preliminary Plat in February 2020,
the Applicant submitted,and the City Commission approved on July 13, 2021, a Final Plat for
the 48-acre property which created two lots: A buildable 0.167-acre Lot 1, Block 8 and the
remaining 48-acre Lot R-1 which remains an unbuildable restricted lot until further
subdivision review and approval.
This Allison Phase 4A Final Plat addresses that restricted Lot R-1 of Allison Phase 4B by
creating the new 47-lot subdivision, of which 3 lots would remain unbuildable until further
subdivision review and approval. The 3 unbuildable lots are: The 7.27-acre Lot 2, Block 2;
the 15.89-acre Lot 2, Block 7; and the 2.72-acre Lot 1, Block 9 of this Allison Phase 4A
Subdivision. The remaining 44 lots would be developed as 40 single-household residential
lots and 4 multi-household residential lots.
Two improvements agreements are required for this subdivision for the following
improvements: The installation of landscaping and private sidewalks.
Based on the summary review provided below, the City Engineering Department and
Department of Community Development have reviewed the application against the
conditions of preliminary plat approval (Project No. 19002); and as a result, find that the
Final Plat application may be approved by the City Commission subject to recommended
conditions and code provisions.
Attachments to this Memo for your review include: (1) Three (3) original mylars of the Final
Plat; (2) Title Certificate; (3) property owners association documents; (4) improvements
agreements; (4) Release and Reconveyance of Easements document; (5) SID waiver of right
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to protest; (6) Parks maintenance waiver of right to protest; (7)County Treasurer letter; (8)
a copy of the Allison Phase 4 Preliminary Plat Findings of Fact and Order document (Project
No. 19002); (9) Building Permit Restriction Notice; and (9) the Final Plat staff report with
the staff-recommended conditions of approval and code provisions for this specific Allison
4A Final Plat.
The Community Development staff respectfully requests that you prepare City Attorney's
Certificates using the attached Platting Certificate as updated; approve the Certificates of
Director of Public Works and Certificate of Completion "as to form".The final City
signatures will be obtained once the City Commission has approved the final plats.
Due to adoption of HB 259 Montana legislation related to inclusionary affordable housing
zoning, the City will not enforce the Preliminary Plat requirement for the creation of nine
affordable housing townhouse lots as reflected in the Preliminary Plat Findings of Fact. The
affordable housing plan and plat notes related to affordable housing lots have been removed
from the Final Plat and the nine townhouse lots have been reconfigured by the Applicant to
meet the R-1 zone single-household lot widths and size standards.
An application was submitted to the Community Development Department on August 25,
2021, it was deemed acceptable for initial review on September 2, 2021 and was deemed
adequate on October 20, 2021. The final plat review must complete review within a 20-day
(working days) review period. The review period begins once the application is
complete and adequate for review.
The conditions of preliminary plat approval, which are pertinent to this major subdivision
and how they have been met, are described in the submittal materials.
Note: The Community Development Department and Engineering Department have
also reviewed the final plat application against the preliminary plat cited code
provisions and found compliance with these code requirements. The Engineering
Department has also reviewed and approved the “closure” of the final plat.
The project is scheduled for consideration by the City Commission on November 9, 2021.
Materials for the agenda will be uploaded November 2, 2021. Please let me know if this will
not work for your schedule.
Attachments:
Three (3) Mylar Final Plats
Preliminary Subdivision Certificate of Title
Improvements Agreements
SID and Park District waivers
Notice of Building Permit Restrictions
County Treasurer letter
Release and Reconveyance of Easements
Recorded CC&Rs and not-recorded Supplement CC&Rs and Allison Subdivision Owners
Association Certification Letter
19002 Allison Phase 4 Subdivision Preliminary Plat Findings of Fact
Final Plat staff report
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Utility Easement with Wild Peach LLC
for the Wildlands Development Project (21326)
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Wild Peach LLC
for the Wildlands Development Project (21326).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Utility Easement
Report compiled on: December 7, 2021
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Memorandum
REPORT TO:City Commission
FROM:Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Evan Brooks Associates for Grant Search and Grant Writing Services
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Professional Services Agreement with Evan
Brooks Associates for Grant Search and Grant Writing Services
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:The City issued a Request for Proposals for Grant Search and Grant Writing
Services in September 2021. Numerous proposals were received and
evaluated. The recommendation from the proposal review team was to
engage with Evan Brooks Associates for these services. A Professional
Services Agreement is attached.
This agreement comports with the original proposal received from Evan
Brooks Associates. Hourly rates are indicated in Exhibit A of the agreement.
The City intends to enter into specific Task Orders for more detailed work on
a project-by-project basis.
UNRESOLVED ISSUES:None.
ALTERNATIVES:No other alternatives are recommended.
FISCAL EFFECTS:This agreement will allow budgetary control for grant search and grant
writing services. Task orders can be developed that fit within existing
resources and budgets. As a part of the FY22 Final Budget, the Commission
approved $36,000 in contracted services for grant writing in the Public
Works Administration fund.
Attachments:
PSA Grant Writing Services Evan Brooks.docx
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Report compiled on: December 6, 2021
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Professional Services Agreement for Grant Search and Grant Writing Services
Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of December, 2021(“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Evan Brooks Associates, 750 E. Green Street, Suite 301,
Pasadena, CA, 91101, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of December, 2023, unless earlier terminated in accordance with this
Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
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Professional Services Agreement for Grant Search and Grant Writing Services
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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Professional Services Agreement for Grant Search and Grant Writing Services
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Anna Rosenberry, Assistant City Manager, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writingand may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Daniel Bartelson, Project Manager, or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
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directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions:this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
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By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A – SCOPE OF SERVICES
Consultant shall research, advise, and perform grant administration for the City (collectively,
the “Services”). The Services shall include, but not be limited to, the following major tasks
described below.
A. Task A: Grant Research Services. Consultant shall provide grant research as follows:
Task A1.Consultant shall independently conduct research to identify Federal and State
grant funding opportunities for the City and as grant programs become available.
Opportunities shall be emailed to City staff. Task A1 services shall be performed throughout
the term of this Agreement at no charge to the City.
Task A2.Consultant shall provide targeted grant research on projects specifically identified
by the City. Consultant shall specifically conduct research and provide advice in the
following priority areas:
(i)Public Works/Infrastructure Development and Maintenance;
(ii)Transportation / Highways / Transit;
(iii)Parks, Recreation, and the Arts;
(iv)Active Transportation / Open Space, Trails, and Tourism;
(v)Climate Change / Resiliency and Sustainability Planning;
(vi)Diversity, Equity, and Inclusion (DEI) Training;
(vii)Housing and Housing Programs.
In the event that the City identifies other areas, this information will be conveyed to
Consultant. Task A2 services shall be based upon the hourly rates set forth in Exhibit A-1.
B. Task B: Grant Writing Services. Consultant shall perform grant writing as follows:
At the direction of the City and/or upon a Task Order, Consultant shall provide, at no cost to
the City, a Cost Proposal for grant writing services for specific grant opportunities. The Cost
Proposal shall include a “not-to-exceed” cost estimate and a scope of work outlining the
necessary steps to prepare and submit the grant application, such as:
(i)Project development: Identify steps that will be taken to manage project
development, project kick-off, project scope, schedule, budget for the grant
application, and communication with City staff (including communication
with the City).
(ii)Data collection and review: Identify the tasks for data collection and review
needed to support the grant application.
(iii)Grant preparation: Identify tasks related to preparation of information
required for grant application, including project descriptions and narratives;
quantitative data; draft letters of support; and project scope, timeline, and
budget description and tables, and maps or conceptual site/project plans.
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(iv)Review of draft: Provide a draft of the grant application for City review and
approval.
(v)Grant application finalization and submission: Consultant shall submit the
application by the grant application due date and provide City with
confirmation of the grant application’s delivery, as well as a copy of the final
application package in physical and digital format of the City’s choosing.
At no point shall the Consultant begin work on the grant application until the City has
approved the Cost Proposal and the Consultant has confirmed receipt of approved Cost
Proposal. The Cost Proposal shall be based upon the hourly rates set forth in Exhibit A-1.
C. Task C: Strategic Counsel, Meetings, and General Advisory Services. Consultant shall offer
City general advice on matters involving funding mechanisms, grants research, identification,
grant writing, and administration.
On an as-needed basis and upon request from the City, Consultant shall meet with City staff
to discuss City projects, potential grants, grant requirements, and other grant and funding-
related matters that may help fund existing and proposed City projects. These strategic
meetings will provide City staff an opportunity to ask Consultant questions, such as:
Does the City’s project align with any existing or future grants?
Is the City’s project competitive under the grant program?
What information does the City need to provide Consultant to prepare an application
(e.g., planning documents, preliminary engineering, construction plans, etc.)?
When can the City expect the award money?
What post-award activities are required?
For grants prepared by City staff, Consultant shall act as grant evaluators — reviewing and
providing recommendations to improve grant applications prepared by the City. Task C
services shall be based upon the hourly rates set forth in Exhibit A-1.
Exhibit A-1: Consultant Hourly Rates
Personnel Hourly Rate
President/Quality Assurance and Control $247
Project Manager $227
Assistant Project Manager/Project Engineer $211
Senior Grant Writer/Planner/Environmental Specialist $180
Associate Grant Writer/Planner/Engineer $118
Research/Funds Analyst $98
Graphics/Mapping $91
Administrative Support $77
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Memorandum
REPORT TO:City Commission
FROM:Kelley Rischke, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Authorize the City Manager to Sign on to National Opioid Settlement with
Opioid Distributors and Manufacturer Janssen
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize City Manager to Sign on to this National Opioid Settlement with
Opioid Distributors and Manufacturer Janssen, agreeing to the terms of the
settlement and releasing the City's claims against these defendants in
exchange for a direct payment of settlement funds to the City.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The State of Montana has negotiated a settlement with one manufacturer of
opioids and three distributors of opioids. The City of Bozeman qualifies to
receive direct payment from the settlement funds to be used for abatement
and remediation of the effects of the opioid crisis in the community, if the
City signs on to the settlement. Some political subdivisions decided to retain
counsel and file suit against some of the defendants in the nation wide
opioid litigation; the City of Bozeman did not chose to litigate, so it's best
opportunity to receive any funds to address opioids is through this
settlement.
In signing on to this settlement, the City must release its claims against
manufacturer Janssen (a subsidiary of Johnson & Johnson) and the
Distributor defendants. Due to the amount of time and resources required
to independently litigate this case and the fact that the State of Montana
and a handful of local governments have investigated or litigated this case
against these defendants for many years, the City Attorney does not
recommend pursuing independent litigation.
Settlement funds must be used for evidence-based strategies, programing,
and services to address the misuse and abuse of opioids, treat or mitigate
opioid misuse or related disorders, and mitigate other harms from
overprescribing opioids, including the misuse or abuse of Fentanyl. For
instance, funds could be used to aid recovery from addiction or support for
law enforcement. The City-County Health Department would likely serve as
39
the lead agency for administration and use of the settlement funds.
To join the settlement, the City must sign a Participation Agreement,
Release, and a Memorandum of Understanding with the State of Montana
that outlines the distribution of settlement funds among the State and local
governments. The Distributor Master Settlement Agreement, J&J Master
Settlement Agreement, and additional information is found at
www.nationalopioidsettlement.com. The Notice and MOU provided by the
State Attorney General are attached to this memorandum.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Decline to join this opioid settlement and do not sign the required
documents.
FISCAL EFFECTS:Unknown at this time. Because the amount of money distributed to the
State of Montana depends on the level of participation in the settlement by
its local governments, it is impossible at this juncture to determine the
amount of money the City of Bozeman will receive. If insufficient numbers
of local governments participate, the settlements may not be finalized.
From these nation-wide settlements, a total of approximately $22.7 billion to
be paid by the Distributors and Janssen over several years, is earmarked for
use by participating states and subdivisions to remediate and abate the
impacts of the opioid crisis. Of the settlement funds Montana receives, 15%
will be allocated to the Local Government Fund, 70% will be allocated to the
Montana Abatement Trust, which will be distributed by an advisory
committee at the State, regional, and local level for remediation efforts, and
15% will be allocated to the State of Montana Fund. Bozeman's share of the
Local Government Fund is roughly 2.02%.
Funds from the settlements must be used to remediate and abate the harms
of the opioid crisis.
Attachments:
Notice of Opioid Settlement - Distributors and Janssen.pdf
2021_11_26 Distributors MT MOU.pdf
Report compiled on: December 10, 2021
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MONTANA DISTRIBUTORS’ AND JANSSEN OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING
(“MOU”)
WHEREAS the people of the State of Montana and its communities have
been harmed by serious and substantial wrongdoing committed by certain entities
within the Pharmaceutical Supply Chain; and,
WHEREAS the State of Montana, through the State’s Attorney’s Office of
the Montana Attorney General, and certain litigating cities and counties, through
their elected representatives and counsel, are separately engaged in litigation
seeking to hold manufacturers, distributors, and others in the Pharmaceutical
Supply Chain accountable for the harms caused by their wrongdoing; and,
WHEREAS the State of Montana and Montana’s cities and counties
(hereafter Local Governments) share a common desire to abate and remediate the
impacts of that wrongdoing throughout the State of Montana and to maximize the
resources devoted to combatting the opioid crisis; and,
WHEREAS researchers and clinicians in Montana and elsewhere have now
built a substantial body of evidence demonstrating which opioid abatement
strategies work and which do not and there are public health leaders in the State
and at the local level with expertise in addiction and substance use available to
guide determinations for the use of any settlement funds; and,
WHEREAS recently the State of Montana agreed to join a settlement
agreement process (hereafter Settlement Agreements) which, if finalized, will
resolve litigation against certain specific defendants in the Pharmaceutical Supply
Chain, namely the opioid distributors McKesson Corporation, Cardinal Health,
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 2
Inc., and Amerisource Bergen Corporation and also Janssen and the related
entities listed in the Section I. 32 of the Janssen Settlement Agreement1 (hereafter
the Opioid Settlement Defendants) for harms caused by their wrongdoing that
require – with limited exception-- that all settlement funds be used for forward-
looking remediation and abatement of opioid associated harms; and
WHEREAS maximum monetary payments available to the State of
Montana and its Local Governments depend upon maximum Local Government
participation in the Settlement Agreements and in this Memorandum of
Understanding (MOU);
NOW THEREFORE the State of Montana and its Local Governments, subject
to completing any additional documents needed to effectuate their agreement, enter
into this MOU for the allocation, management, and use of the proceeds of the
Settlement Agreements: (a) to develop a fair and transparent process for making
decisions based on medical and scientific evidence concerning where and how to
spend the funds from the Settlement Agreements to effectuate forward-looking
abatement strategies and to supplement rather than replace existing spending; (b)
to establish a dedicated Montana Abatement Trust with representation that reflects
the public health expertise and diversity of affected communities when allocating
settlement funds that meets the requirements of Section V.E.2d. of the Settlement
Agreements; and (c) to provide a framework for equitable distribution of funds from
the Settlement Agreements among all participating Local Governments within the
1 “Janssen” means Johnson & Johnson, Janssen Pharmaceuticals, Inc., OrthoMcNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 3
State of Montana that agree to be bound by this MOU and forego pursuing separate
litigation against any of the settling defendants named above.
A. DEFINITIONS AND DESCRIPTIONS
1. “The State” shall mean the State of Montana acting through the
Attorney General.
2. “Participating Local Governments” shall mean any Montana county
or city that has chosen to participate in this MOU and the Settlement
Agreements, including execution of all documents required to effectuate the
Settlement Agreements and this MOU.
3. “The Parties” shall mean the State of Montana and the Participating
Local Governments.
4. “Settlement Agreements” shall mean the Distributor Settlement
Agreement dated as of July 21, 2021, and the Janssen Settlement Agreement
dated as of July 21, 2021.
5. “Settlement Funds” shall mean all monetary amounts obtained
through the Settlement Agreements as defined herein, according to the allocation
percentage to the State provided for in Section F of the Settlement Agreements, and
as determined by the Settlement Fund Administrator.
6. The “Settlement Funds Administrator” shall mean the person or
entity in I. MMM of the Definitions section of the Settlement Agreements chosen
by the settling defendants and the national plaintiffs’ enforcement committee to
determine the proper allocation of funds from the Settlement Agreements to each
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 4
participating state and to manage the distribution of the Settlement Funds to all
participating states.
7. “Opioid Remediation” as defined or referenced in the Settlement
Agreements shall include care, treatment, and other forward-looking programs and
expenditures for Approved Purposes, including: to (1) address the misuse and abuse
of prescription opioid products, (2) treat or mitigate opioid misuse or related
disorders, or (3) mitigate other injuries or harms resulting from the overprescribing
of opioids, including diversion and the misuse or abuse of Fentanyl or Fentanyl-
containing products or substances. Opioid Remediation efforts shall involve
evidence-based strategies, programming, and services used to: expand the
availability of treatment for individuals affected by opioid use or polysubstance use
disorders; develop, promote, and provide opioid-related or polysubstance use
prevention strategies; provide opioid-related or polysubstance use avoidance and
awareness education; decrease the oversupply of licit and illicit opioids, including
Fentanyl or products or substances containing Fentanyl; support recovery through
addiction services performed by qualified and appropriately licensed providers of
persons suffering from opioid-related use disorder, polysubstance abuse, or chronic-
pain patients and others who suffer from or are at substantial risk of opioid abuse
or dependency; and support for law enforcements addressing the impact of opioid-
related substance abuse in the communities they serve, including misuse or illicit
use of heroin and/or Fentanyl. Exhibit E in the Settlements Agreements provides a
non-exhaustive list of expenditures that qualify as Opioid Remediation. Qualifying
expenditures may include reasonably related administrative expenses.
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8. “Approved Purposes” shall mean forward-looking strategies,
programming, and services to abate the opioid epidemic as identified by the
terms of the Settlement Agreements.
9. “Opioid Settlement Defendants” shall mean McKesson Corporation,
Cardinal Health Inc., Amerisource Bergen Corporation, and Janssen and their
related entities and affiliates as delineated in the Settlement Agreements.
B. MONTANA ABATEMENT REGIONS
1. Local and regional use of Opioid Settlement Funds shall be
implemented through Abatement Regions and the Local Governments within those
regions. The Abatement Regions shall comprise nine Metropolitan Abatement
Regions—consisting of the nine Montana counties with populations exceeding
30,000—and five Multi-County Abatement Regions—utilizing the five existing
Health Planning Regions established by the Montana Department of Public Health
and Human Services. See Montana Abatement Regions Map, attached as Exhibit
A.
2. The Nine Metropolitan Regions having populations of 30,000 or more
are Yellowstone, Missoula, Gallatin, Flathead, Cascade, Lewis & Clark, Silver
Bow, Ravalli, and Lake Counties, provided they participate in this Agreement.
Each of the nine Metropolitan Regions have consolidated city-county health
departments with substantial public health expertise that can serve as the lead or
co-lead agencies within their respective regions for administration and use of
settlement funds.
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3. The Multi-County Abatement Regions derived from the five existing
Montana Department of Health and Human Services Health Planning Regions
exclude any local governments not participating in this MOU and the Settlement
Agreements. The five Multi-County Abatement Regions also exclude the nine
Metropolitan Regions and all Local Governments within the nine Metropolitan
Regions. See Exhibit A.
4. All the Metropolitan Regions that agree to the Settlement Agreements
and this MOU as well as all the constituent Participating Local Governments
comprising a Multi-County Abatement Region that have chosen to enter into this
MOU and the Settlement Agreements shall be treated as Participating Abatement
Regions. For the sake of clarification, any county or city listed in the MOU
Abatement Region Allocation, attached as Exhibit B2, within a Multi-County Region
that does not enter into this MOU and the Settlement Agreements shall not be
included in the Abatement Region where it is geographically located and shall not
be entitled to receive any funds from the Settlement. Rather, the share(s) of the
funds that a nonparticipating city or county would be allocated according to Exhibit
B shall instead be allocated to the Abatement Trust.
C. THE MONTANA ABATEMENT TRUST
1. The Attorney General shall create a private, non-profit Abatement
Trust (“Trust”) with an Advisory Committee (“Committee”), as required by the
Settlement Agreements for the purpose of receiving and disbursing Settlement
Funds allocated to the Abatement Trust and to Participating Abatement Regions,
2 Exhibit B of this MOU is comprised of the Montana Local Governments listed in Exhibit G of the Settlement Agreements.
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Participating Local Governments and to the State of Montana for Opioid
Remediation and Approved Purposes, which are to be distributed as set forth in
this MOU, in the Settlement Agreements, and in the documents establishing the
Trust.
2. The Trust shall be governed by the Advisory Committee consisting
of ten voting members and an Executive Director appointed by the Attorney
General who will only vote in the event of a tie.
3. The ten voting members of the Advisory Committee shall provide equal
representation between the State and local governments as follows: three members
chosen by the Metropolitan Regions, two members chosen by the Multi-County
Regions, two members chosen by the Director of the Department of Health and
Human Services (DPHHS), and three members chosen by the Attorney General.
4. At least one of the ten members of the Committee shall be a law-
enforcement representative from the Montana Department of Justice’s Division of
Criminal Investigation (DCI) and/or Montana Highway Patrol (MHP). One of the
ten members of the Advisory Committee may be, but is not required to be, a family
member of a person who had or has suffered from opioid use disorder. All other
Committee members must come from the fields of medicine, public health, mental
health, or addiction.
5. Committee terms will be three years and initially staggered.
Committee members may serve more than one term. In the first year, two
members from the Metropolitan Regions and one member from the Multi-County
Regions will have a one-year term, one member representing the Department of
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Health and Human Services and one member representing the Attorney General
will have two-year terms, and the remaining members will have three-year terms.
Six members of the Committee shall constitute a quorum. Unless the Committee
determines otherwise, the Metropolitan and Multi-County Abatement Regions
shall determine for themselves how to choose their member representatives. No
Committee member shall receive compensation but may be reimbursed for
reasonable costs expended for work on the Committee.
6. To provide for health security and reduce expense, members of the
Committee shall participate in meetings by telephone or video conference at least
every three months, except, if feasible, one annual in-person meeting per year
shall be set by consensus of the Committee. If a member of the Committee is
unable to attend in-person or remotely, s/he may designate a proxy. A quorum
exists if six members are voting in-person, remotely, or by proxy.
7. In all votes of the Committee, a measure shall pass if a quorum is
present and the measure receives the affirmative votes from a majority of those
Committee members voting. The Executive Director may vote to break a tie.
8. The Attorney General shall appoint the Executive Director at his/her
discretion from a list of three candidates provided to the Attorney General by the
Committee. If the Attorney General finds all three candidates to be
unsatisfactory, the Attorney General may reject all three candidates and request
that the Committee provide three new persons to select from.
9. In choosing candidates to be submitted to the Attorney General, with
the exception of the one member who is a family member of a victim of the opioid
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crisis, if applicable, and representative(s) from DCI and/or MHP, the Committee
shall seek candidates with at least six years of experience in issues related to
addiction, mental health, and/or public health and who have management
experience in those fields.
10. The Executive Director shall serve as an ex officio, non-voting member
of the Committee unless there is a tie vote, in which case the Executive Director
may cast the tie breaking vote.
11. The Attorney General shall set a date for a first in-person meeting of
the Committee. Once the Abatement Regions, the Attorney General, and the
Director of the Department of Health and Human Services have designated their
respective members of the Committee, the Attorney General shall designate an
Interim Executive Director to conduct the meeting and other scheduled meetings
until a permanent Executive Director can be named.
12. At the first meeting the Committee shall develop written guidelines
for receiving input from the State of Montana, Abatement Regions, Local
Governments, and others regarding how the opioid crisis is affecting their
jurisdictions or communities and their respective abatement needs. These written
guidelines shall provide procedures for Regions and Local Governments or
communities to develop and submit proposals for distribution of funds from the
Abatement Trust for Opioid Remediation programs for the Regions and/or
throughout Montana.
13. The Committee shall draft its own bylaws or other governing
documents, which must include appropriate conflict of interest and dispute
53
MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 10
resolution provisions, in accordance with the terms of this MOU and Montana law.
It shall not have rulemaking authority under Montana law. The Committee shall
utilize the legal advice and assistance of the State’s Attorney’s Office and legal
counsel for the Local Governments and Regions, who will work collaboratively to
draft and finalize necessary bylaws, procedures and other governing documents
with the goal of minimizing red tape and maximizing the efficient flow of funds to
abate the opioid problem.
14. The Committee shall be responsible for accounting of all Opioid Funds
it distributes. The Committee shall be responsible for releasing Opioid Funds in
accordance with Approved Purposes, the Settlement Agreements, and this MOU
and, with the help of the State’s Attorney’s Office and Local Government counsel,
shall develop policies and procedures for the release and oversight of such funds.
15. The Committee may also require outcome related data from any Party
or Local Government that receives Opioid Funds and may publish such outcome
related data. In determining which outcome related data may be required, the
Committee shall work with all Parties, Regions, and Local Governments to identify
appropriate data sets and develop reasonable procedures for collecting such data
sets so that the administrative burden does not outweigh the benefit of producing
such outcome related data.
16. The Committee shall facilitate collaboration between the State,
Regions, and Participating Local Governments regarding sharing information
related to abating the opioid crisis in Montana.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 11
D. ALLOCATION OF AND USE OF SETTLEMENT PAYMENTS TO THE STATE
1. According to the terms of the Settlement Agreements, when all
requirements of the Settlement Agreements have been met to allow direct
payments of Settlement Funds to the State of Montana, Local Governments, and
Abatement Regions the Settlement Fund Administrator will determine the total
amount of Settlement Funds to allocate and pay to the State of Montana,
including base payments and incentive payments.
2. The funds from the Settlement Agreements for the State of Montana
shall be direct-deposited into three separate funds: the State of Montana Fund, the
Abatement Trust, and the Local Government Fund.
3. Of the total paid to the State of Montana, including incentive
payments:
a. Fifteen percent (15%) shall be allocated to directly to the State of
Montana Fund;
b. Seventy percent (70%) shall be allocated directly to the Abatement
Trust, from which funds may be disbursed from the Trust, with
approval of the Advisory Committee, for Opioid Remediation at the
State, Regional, or Local Government levels; and,
c. Fifteen percent (15%) shall be allocated directly to the Local
Government Fund.
4. The Settlement Funds allocated to the State of Montana Fund shall be
used by the State for Approved Purposes as determined by a separate committee
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 12
made up of representatives from the Attorney General and the Montana
Department of Health and Human Services.
5. The Settlement Funds allocated to the Abatement Trust shall be paid
into the Abatement Trust for Approved Purposes administered by the Advisory
Committee and Executive Director as described herein.
6. The Abatement Trust, administered by the Advisory Committee,
shall be designated the lead single point of contact for Montana’s communications
with the Settlement Fund Administrator. As lead agency it shall have primary
responsibility for evaluating and distributing funds for evidence based Opioid
Remediation proposals and programs for opioid-related substance abuse disorder
services.
7. Of the amount apportioned to the Abatement Trust for Opioid
Remediation as outlined in 3(b) above, eighty percent (80%) shall be allocated to
the Participating Abatement Regions according to the Subdivision Allocation
Percentages in Exhibit B, on the assumption that all Subdivisions within each
region become Participating Subdivisions. The allocation of 80% of the Abatement
Trust to the Participating Abatement Regions, however, does not change the
calculation of attorneys’ fees for Outside Counsel for Local Governments described
in Section E below. That calculation, which is set forth in the Settlement
Agreements Exhibit R, is based on dividing and allocating the total settlement
funds received by the State, half to the State and half to Local Governments.
Attorneys’ fees are then calculated by multiplying the Local Government half
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 13
times the allocation percentage in Exhibit B to determine amount allocated to
their respective Local Governments upon which the attorneys’ fees is based.
8. Amounts apportioned to the Local Government Fund shall be
distributed to Participating Local Governments included on Exhibit B per the
Subdivision or Local Government Allocation Percentage listed in Exhibit B. No
Non-Participating Local Government will receive any amount from the Settlement
Funds allocated to the State of Montana, regardless of whether such Local
Government is included on Exhibit B. Rather, any funds allocated to the Local
Government Fund for Non-Participating Local Governments shall be transferred to
the Abatement Trust for Approved Purposes by the Region in which that Non-
Participating Local Government is geographically located.
9. Each Abatement Region shall create its own governance structure for
the administration, management, and use of Opioid Remediation funds to ensure
all Participating Local Governments within that Region have input and equitable
representation regarding regional Opioid Remediation administration and
decisions, including representation on the Montana Opioid Abatement Trust
Committee, and selection of projects to be funded from the Region’s share. That
governance structure shall include designation of a fiscal agent within the Region
to receive and distribute Settlement Funds allocated to it.
10. All Participating Abatement Regions shall have the responsibility to
make decisions about planning, budgeting, and disbursement of funds for projects
that will equitably and appropriately serve the needs of the entire Region and be
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 14
consistent with this MOU and the Settlement Agreements’ definition and
description of appropriate Opioid Remediation and Approved Purposes.
11. The Trust Committee and all the Regions shall be guided by the
recognition that budgeting for operating expenditures should be conservative and
carefully limited to ensure that the maximum funds are preserved for forward-
looking abatement of the opioid epidemic and the prevention of future opioid-
related addiction and substance misuse. In recognition of these core principles, the
Committee and the Regions shall endeavor to assure the funds are disbursed only
to support evidence-based Opioid Remediation for opioid-related substance
abuse/misuse abatement, education, and prevention efforts as described in detail
in this MOU and the Settlement Agreements.
12. Funds from the Abatement Trust may also be expended by the Trust
for statewide programs, innovation, research, and education. Any statewide
programs funded from the Trust would be only as directed by an affirmative
majority vote of the Committee. Expenditures for these purposes may also be
funded by the Trust with funds received from either the State of Montana’s share
(as directed by the Attorney General in consultation with DPHHS) or from sources
other than Opioid Settlement Funds as provided for below.
13. Participating Abatement Regions may collaborate with other
Participating Abatement Regions to submit joint proposals to be paid for from the
Regional Shares of two or more Participating Abatement Regions for the use of
those Regions.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 15
14. Disbursements for proposed Opioid Remediation programs and services
to Participating Abatement Regions shall be reviewed by the Committee to
determine whether the proposed disbursements meet the criteria for Opioid
Remediation and Approved Purposes.
15. The Trust and any entities receiving Opioid Remediation funds shall
operate in a transparent manner. Meetings shall follow Montana constitutional and
statutory law and be open and all documents shall be public to the same extent they
would be if the Trust were a public, governmental entity. All operations of the Trust
and all entities receiving Trust Funds shall, with respect to the receipt and use of
such funds, be subject to audit. The bylaws of the Trust regarding governance of the
Committee, as adopted by the Committee, may clarify any other provisions in this
MOU, except this subsection. Rather, the substantive portion of this subsection
shall be restated in the bylaws.
16. The Trust’s financial resources shall be invested through the Montana
Board of Investments to assure the Trust’s investments are appropriate, prudent,
and consistent with best practices for investments of public funds. The investment
policy shall be designed to meet the Trust’s long-term and short-term goals.
17. Any other matter concerning the allocation, management, and use of
Settlement Funds from the Settlement Agreements not covered by this MOU, shall
be controlled by the terms of the Settlement Agreements.
E. ATTORNEYS’ FEES AND COSTS
1. The Settlement Agreements each provide very substantial separate
funds for payment of fees for both outside counsel for litigating local
59
MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 16
governments and outside counsel for litigating states such as Montana. If any
Settlement is insufficient to cover the fee obligations owed to outside counsel
representing the State of Montana and to outside counsel representing Local
Governments (collectively, “Outside Counsel”), the deficiencies may be covered as
set forth in further detail below.
2. Regarding attorneys’ fees for local governments that filed suit,
United States District Judge Dan Polster who is responsible for the MultiDistrict
Litigation (MDL 2804) IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION, on August 6, 2021 (Docket No. 3804) notified:
… all eligible participants to the July 21, 2021 Settlement Agreements, and … their private counsel, that a contingent fee in excess of 15% of the participant’s award under the Settlement Agreements is presumptively unreasonable. Accordingly, the Court caps all applicable contingent fee agreements at 15%.
3. As such, total attorney fees to outside counsel collected from the
Settlement Agreement attorney fee funds and the Montana Back Stop shall be
capped at a 15% contingency fee of the amount allocated to their respective
governmental entities.
4. Fees claimed and collected for common benefit work under the
Settlement Agreements shall be calculated pursuant to the specific requirements
of Exhibit R to the Settlement Agreements and shall not be utilized to reduce fees
otherwise recoverable from the Montana Attorney Fee Back Stop Fund.
5. The State of Montana and Litigating Local Governments shall first
seek to have their attorneys’ fees and expenses paid through the attorneys’ fee
funds created by the Settlement Agreements. The Local Governments litigating in
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 17
the MDL proceeding in the Northern District of Ohio, the Honorable Judge Dan
Polster presiding, shall endeavor to obtain the maximum recovery from the
Settlement Agreements attorney fee fund. In addition, as a means of covering any
deficiencies in paying Outside Counsel, a supplemental Montana Attorney Fee
Back-Stop Fund shall be established.
6. The Montana Attorney Fee Back-Stop Fund shall be funded by 5.5%
of the total settlement funds paid to the State of Montana. The Mathematical
Model described in Exhibit R of the Settlement Agreements for calculation of
attorneys’ fees provides that each Settling State shall attribute 50% of the
settlement funds it receives to its Local Governments. Therefore, Fifty percent
(50%) of the Montana Attorney Fee Back-Stop Fund shall be allocated to the
Montana Attorney General’s Back-Stop Sub-fund and fifty percent (50%) to the
Litigating Local Government Attorney Fee Back Stop Sub-fund. The Attorney
General’s Fund shall shall be used in the Attorney General’s sole discretion to (a)
reimburse the State of Montana for opioid-related investigation and litigation
costs; (b) offset the costs of the legal and administrative burdens imposed upon the
Attorney General’s Office by the Settlement Agreements as well as future
settlements or disbursements by bankruptcy courts; and (3) for approved
remediation or abatement purposes including, without limitation, the
development of plans or projects whereby the State of Montana and the Local
Governments may pool their respective recoveries and resources to fund efficient
and effective statewide or regional abatement programs or strategies.
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 18
The remaining Fifty percent (50%) of the Montana Attorney Fee Back-Stop Fund
shall be allocated to the Montana Litigating Local Governments’ Attorney Fee Back-
Stop Sub-fund for payment of Outside Counsel attorneys’ fees incurred by
Participating Local Governments. As provided above, fifty percent (50%) of the total
settlements funds the State receives from these settlements shall be attributed to
Local Governments. The amount upon which the fees for Litigating Local
Government Attorneys shall be based is calculated by multiplying the fifty percent
Local Government share of all settlement funds by the allocation percentage for
each respective Litigating Local Governmentas listed in Exhibit B to this MOU.
7. Outside Counsel for Litigating Local Governments may apply to the
Montana Attorney Fee Back-Stop Fund only after applying to any contingency fee
fund created pursuant to the Settlement Agreements.
8. Subject to the 15% cap, above, Outside Counsel for Litigating Local
Governments may apply to the Montana Attorney Fee Back-Stop Fund for only a
shortfall, that is, the difference between what their fee agreements would entitle
them to minus what they have already collected from any contingency fee fund
created pursuant to the Settlement Agreements. Payments out of the Montana
Litigating Local Governments’ Attorney Fee Back-Stop Sub-fund shall be fairly
allocated by a neutral committee consisting of one representative from each
Litigating Local Government.
9. Any funds remaining in the Montana Litigating Local Governments’
Attorney Fee Back-Stop Sub-fund in excess of the amounts needed to cover the
62
MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 19
fees and litigation expenses to Outside Counsel for Litigating Local Governments
shall revert to the allocations described in Section (D).
10. Payments to Outside Counsel shall be made from the Montana
Attorney Fee Back-Stop Fund in the same percentages and over the same period
of time as the national Contingency Fee Fund for each settlement. The Attorneys’
Fees and Costs schedule for the Settling Distributors is listed in the Exhibit R
§(II)(A)(1) of the Distributor Settlement Agreement. The Attorneys’ Fees and
Costs schedule for Janssen is listed in Exhibit R §(II)(A)(1) of the Janssen
Settlement Agreement.
F. INSTRUCTIONS FOR SIGNING THIS MOU AND THE SIGN-ON FORMS.
You have already received a NOTICE relating to the Settlement
Agreements. To join this MOU and to execute sign-on forms for the Settlement
Agreement you must FIRST go to the national settlement website at
https://nationalopioidsettlement.com/ in order to register.
SECOND, once you are at the website please register your Local
Government, county or city. Registration will only take a minute. This requires
knowing who is authorized to sign-on the Settlements for your Local Government
and an email address to which the sign-on form will be sent. With that
information you can register your Local Government using the registration code
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MONTANA DISTRIBUTORS AND JANSSEN OPIOID SETTLEMENT MEMORANDUM OF UNDERSTANDING | 20
in the NOTICE you have received. If you do not register, your Local Government
will not receive the sign-on form for the Settlements electronically.
DATED this 26th day of November, 2021.
MONTANA ATTORNEY GENERAL
Austin Knudsen Montana Attorney General 4819-8839-3151, v. 12
64
Exhibit A
Montana Abatement Regions
●Metropolitan Regions
65
Exhibit B66
67
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Resolution 5362 Amending the Metes and Bounds Description of the
University Crossing Apartments Annexation, Resolution 5331 to Correct a
Scrivener's Error, Application 21152
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt resolution 5362
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:An error has been identified in the metes and bounds legal description of the
University Crossing Apartments Annexation, application 21152. The
executed annexation agreement and resolution were received by the City
Commission and received final approval on September 14, 2021. The
resolution has been recorded and the property is annexed. This action
corrects the text of the resolution 5331 and associated annexation
agreement. The map included with Resolution 5331 is correct and does not
need correction. No additional property is annexed with this action.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:No budgeted funds will be affected by this action.
Attachments:
Resolution 5362 Correction - University Crossing Apts Annx
21152.pdf
Affadivit of Scriveners Error.pdf
Report compiled on: December 9, 2021
68
Version April 2020
RESOLUTION 5362
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CORRECTING A METES AND BOUNDS DESCRIPTION OF AN
ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, KNOWN AS THE
UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION, APPLICATION 21152.
WHEREAS, the City of Bozeman received a petition for annexation from Steven R Aaker
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing approximately 10,247 square feet, located at 2025 W. Kagy Blvd; and
WHEREAS, on September 14, 2021, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, after completion of the review process the City Commission approved
Resolution 5331 annexing the property; and
WHEREAS, an error has been identified in the metes and bounds description included in
Resolution 5331; and
WHEREAS, it is necessary to correct the metes and bounds description of the annexed
property.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
69
Version April 2020
Section 1
That it is hereby declared that the following correction to Resolution 5331 is enacted to wit:
In the metes and bounds legal description for the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION AGREEMENT, recorded September 16, 2021 as Document Number 2750988, the second course of the legal description reads “northerly 000o 37’ 20” azimuth 97.58 feet”. This course is located in Line 1 of Page 2, and in Line
3 of Paragraph 3 on Page 14. The azimuth is correct for these courses, but the correct
length is actually 95.58 feet. In the metes and bounds legal description for the CITY OF BOZEMAN RESOLUTION 5331, recorded September 16, 2021 as Document Number 2750989, the second course of
the legal description reads “northerly 000o 37’ 20” azimuth 97.58 feet”. This course is
located in Line 3 of Paragraph 6 on Page 2. Again, the azimuth is correct for this course, but the correct length is actually 95.58 feet.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
Section 2
The effective date of this resolution is December 22nd, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
70
Version April 2020
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
71
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Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant City Treasurer
Laurae Clark, City Treasurer
Anna Rosenberry, Assistant City Manager
SUBJECT:Resolution 5364 Certification of Delinquent City Assessments to the County
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5364, Certification of Delinquent City Assessments to
the Gallatin County as submitted.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by
ordinance for the collection by its city treasurer or town clerk of all special
assessments and taxes levied and assessed in accordance with any of the
provisions of part 42 and this part in the same manner and at the same time
as taxes for general, municipal, and administrative purposes are collected by
the county treasurer. All of the provisions of 7-6-4423 apply to the collection
of the special taxes and assessments in the same manner as the provisions
apply to the collection of other city or town taxes. Delinquent special
assessments must be certified to the county clerk of the county in which the
city or town is situated. The county treasurer shall collect the delinquent
special assessments and taxes in the same manner and at the same time
that taxes for general, municipal, and administrative purposes are collected.
UNRESOLVED ISSUES:None
ALTERNATIVES:As approved by the Commission
FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we
will ensure the collection of the 1st half amounts that were not paid by the
due date of November 30, 2021. The amount we have certified and will in
turn collect is $630,048.88 as noted on Schedule “A” attached. These
assessments will be placed as a lien against their property and their
properties cannot be sold without bringing them current.
Attachments:
73
Resolution 5364-Certification of Delinquent 1st half-FY
2022.docx
Delinquent Certification 120921.pdf
Report compiled on: December 9, 2021
74
Page 1 of 3
RESOLUTION 5364
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT
INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2021, AND UNPAID AS OF
THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE
ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN
MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE
SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION.
WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance
Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a
report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and
address of persons assessed, showing all annual and semi-annual special assessments due and
payable November 30, 2021, and unpaid as of that date, and the amount due thereunder, with
penalty; and
WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission
of the City of Bozeman deems it necessary and proper, in order to protect the interests of the
residents of the City of Bozeman and the bondholders of the respective Special Improvement
District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00
p.m. on November 30, 2021, and unpaid as of that date, delinquent and to certify the same to the
Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or
properties may be sold the same as other property is sold for taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
75
Resolution 5364, Certification of Delinquent Assessments to Gallatin County
Page 2 of 3
That all annual and semi-annual special assessments and installments of special assessments, due
and payable November 30, 2021, and unpaid as of that date, as set forth in Schedule "A" hereto
attached, and made a part hereof, are hereby declared delinquent.
Section 2
That the Finance Director is hereby directed to certify all annual and semi-annual special
assessments and installments of special assessments delinquent, with penalty, as herein provided,
and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as
other delinquent taxes.
Section 3
That within ten (10) days from and after the filing of said certificate, the Finance Director shall
publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the
Bozeman Municipal Code.
Section 4
That the County Treasurer shall proceed with the collection of all annual and semi-annual special
assessments or installments of special assessments, as set forth in Schedule "A", that the same shall
be spread upon the delinquent tax list of the County of Gallatin for the Year 2020, and the same
shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall
be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-
12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in
the case of other properties sold for non-payment of taxes.
Section 5
That the Finance Director, under the direction of the City Manager, shall attend at the time and
76
Version April 2020
place for sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman
Municipal Code.
Section 6
That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 22nd
day of December, 2021 be filed with the County Clerk and Recorder and the County Treasurer of
Gallatin County.
Section 7
That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part
hereof, shall be a certificate of the Finance Director.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
77
Delinquent Certification 120921
Page 1
DELINQUENT 2%TOTAL PARCEL OWNER ADDRESS 1st 1/2 PENALTY AMOUNT DUE
RGG5456 A & L WHEATLEY LLC 504 S WILLSON AVE 59715 KARPS LOT 1 BLOCK 4 198.42 3.97 202.39RGG67795AA INTEGRA LLC 6523 CALIFORNIA AVE SW 98136 THE LAKE AT VALLEY WEST PH 1 LOT 25 6500 SQ FT PLUS OPEN SPACE 370.28 7.41 377.69RGG56976AAFEDT, ANNE 108 KOCH PEAK CT 59718 FOWLER PLACE SUB LOT 11 BLK 2 194.27 3.89 198.16RGG51547AASHEIM, HALEY LINDA GEORGE & LUCAS J NELSON 3310 W BABCOCK ST UNIT D 59718 FOWLER MEADOWS CONDOS UNIT 17 VAN HORN SUB TRACT A-1 143.56 2.87 146.43RGH26914ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 16 47.52 0.95 48.47RGH26915ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 17 37.04 0.74 37.78RGH26917ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 19 32.00 0.64 32.64RGH26918ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 20 32.00 0.64 32.64RGH26919ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 21 28.65 0.57 29.22RGH26920ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 22 31.06 0.62 31.68RGH26921ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 23 16.03 0.32 16.35RGH26922ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 24 7.85 0.16 8.01RGH26923ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 25 24.88 0.50 25.38RGH26916ABG LLC 125 W MENDENHALL ST 59715 BRIDGERVIEW CONDO UNIT 18 32.00 0.64 32.64RFG69997ABSAROKA PROPERTIES LLC 3023 HEALY AVE 59715 UNIT 2928C EMIGRANT PEAK CONDO BLOCK 5 LOT 3 CATTAIL CREEK SUB PH1 137.47 2.75 140.22RGG69450ACHENBACH, KATHLEEN 2940 TRADE WIND LN 59718 WEST WINDS SUBDIVISION PH 7 LOT 4 BLOCK 5 6600 PLUS OPEN SPACE 258.46 5.17 263.63RGG6147ALBIN, BROCK 1301 S CHURCH AVE 59715 W PARK NORTH 90.9 X 35' LOT 1 EAST 22 X 90.9' LOT 2 BLOCK 4 282.25 5.65 287.90RGH4053ALBIN, BROCK 1301 S CHURCH AVE 59715 BOZEMAN CREEK ANNEX PARTIAL "B" TRACT 15 COS 201 3.96 ACRES 498.10 9.96 508.06RGG3417ALBIN, BROCK 1301 S CHURCH AVE 59715 WEST PARK SOUTH 44' LOTS 1-4,6' EAST & ADJACENT TO SOUTH 44'OF LOT 1 BLOCK 4 213.90 4.28 218.18RGG34557ALBRECHT, NATHAN 75 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GROVE ST 59718 WEST WINDS PH 5 LOT 5 BLK 1 201.71 4.03 205.74RGH3993ANDERSON, ROGER & CAROL A SHIVELY ANDERSON 205 WESTRIDGE DR 59715 WESTRIDGE SOUTH 10' LOT 2 ALL LOT 3 BLOCK 1 498.10 9.96 508.06RGG42455ANDREAS, ELIZABETH JOSHUA M LICHTY 2602 GOLDENROD LN 59718 DURSTON MEADOWS SUBDIVISION PHASE 6 & 7 LOT 6 BLOCK 7 447.04 8.94 455.98RGG66639ANDREASEN, TANYA 3229 S 26TH AVE 59718 MEADOW CREEK SUBDIVISION PH 1 AMENDED LOTS 8-15 BLOCK 5 &LOT 14-18 BLK 9 238.03 4.76 242.79RGH2397ANNA TURECEK LIVING TRUST 530 N MONTANA AVE 59715 BEALLS 1ST SOUTH 54' X 144' OF NORTH 1/2 OF WEST 1/2 BLOCK 10 258.23 5.16 263.39RGG54631ANTHON, MAXIMILLIAN & JENNIFER 1134 YELLOWSTONE AVE 59718 OAK SPRINGS SUBDIVISON PH2 LOT15 BLK17 243.39 4.87 248.26RGG40970ANTONUCCI, ALDEN 1700 DRIFTWOOD DR 59715 MEADOW VISTA CONDOS UNIT 1A NORTH MEADOWS SUBDIVISION PHASE I AMENDED LOT 3A 91.42 1.83 93.25RGH63271AOK LOFT LLC PO BOX 924 03444 MILL STREET LOFT CONDO UNIT LOFT-2 75.19 1.50 76.69RGG31528APPLEGATE, DIRK G & SUSAN M 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35.03RGG84262ASPEN LAND CO LLC 211 E MAIN ST 59715 ASPEN CROSSING RESIDENTIAL CONDO UNIT 304 48.78 0.98 49.76RGG84264ASPEN LAND CO LLC 211 E MAIN ST 59715 ASPEN CROSSING RESIDENTIAL CONDO UNIT 306 48.78 0.98 49.76RGG84274ASPEN LAND CO LLC 211 E MAIN ST 59715 ASPEN CROSSING RESIDENTIAL CONDO UNIT 316 48.78 0.98 49.76RGG84277ASPEN LAND CO LLC 211 E MAIN ST 59715 ASPEN CROSSING RESIDENTIAL CONDO UNIT 319 34.34 0.69 35.03RGH5444ATTICUS PRIME LLC 420 S WILLSON AVE 59715 FAIRVIEW LOTS 11-13 BLOCK 1 584.27 11.69 595.96RFG42006AUTO XTREME INC 18601 LBJ FREEWAY #525 75150 GALLATIN CENTER SUB PUD PH I LOT 5A 3,941.66 78.83 4,020.49RGG66211AUTOZONE #6210 PO BOX 2198 DEPT 8088 38101 CVS 19TH & MAIN CONDOS BLDG 3 WEST PARK MANOR LOT 1 & 2A BLK 8 PLAT F-36-H 1,819.06 36.38 1,855.44RGG50584AVAKIAN, JACK & MELINDA JACK & MELINDA REV TRUST 3567 STANFORD DR 59715 HARVEST CREEK SUBDIVISION PHASE 8 LOT 8 BLOCK 18 369.81 7.40 377.21RGG48360AVAKIAN, JACK & MELINDA JACK & MELINDA REV TRUST 3567 STANFORD DR 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& LINDA R CR & LF BABCOCK REV LVG TRUST 320 S BOZEMAN AVE 59715 LIND-GUYS LOT 12 & N25' LOT 13 BLOCK A 348.69 6.97 355.66RGG39792BABCOCK, RAY S & SALLY L 1547 HUNTERS WAY APT 129 59718 WILLOW SUBDIVISION LOT 5 BLOCK 2 526.66 10.53 537.19RGH1677BACKSTRUM, CHRISTOPHER W/JOY M 3795 COVENTRY DR 99507 NORMANDY LOT 6 BLOCK 12 246.27 4.93 251.20RGG3750BADA, REBECA RANSENBERG & STEFAN MITROVICH 309 W HARRISON ST 59715 CAPITOL HILL W 1/2 OF S 1/2 OF LOT 11 & W 1/2 OF LOTS 12-13 BLOCK 1 62.76 1.26 64.02RGG42558BAER, KARL 713 ORCHID CT 59718 HARVEST CREEK SUBDIVISION PHASE I LOT 12 BLOCK 16 463.79 9.28 473.07
City of Bozeman-Schedule "A"
1ST HALF DELINQUENT SPECIAL ASSESSMENTSFY 2022 RESOLUTION #5364
LEGAL DESCRIPTION
78
Delinquent Certification 120921
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RFG51147 BAER, KARL 713 ORCHID CT 59718 TRAKKER BLDG CONDO UNIT 1-B BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 10 BLOCK 18 41.18 0.82 42.00RFG56265BAER, KARL 713 ORCHID CT 59718 TRAKKER BLDG CONDO UNIT 1-BW BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 10 BLOCK 18 109.15 2.18 111.33RFG56896BAGLEY, SHERI L & THEODORE E 4644 DANUBE LN 59718 BAXTER MEADOWS SUBD PHASE 3A BLK 15 LOT 4 472.95 9.46 482.41RFG69116BAHN, MARY MARTHA & CHRISTIAN 2610 MILWAUKEE AVE APT 29D 79407 BAXTER MEADOWS SUBD PHASE 6 LOT 6 BLK 14 BLDG 2 PLUS OPEN SPACE 157.95 3.16 161.11RGH24076BAIDE, DONALD R WANNAPORN NILAKUL 1709 S BLACK AVE 59715 THOMPSONS 4TH BLOCK 4 PH III WOODBROOK TOWNHOUSE UNIT 56 158.13 3.16 161.29RGH3335BAILEY, LAURA JOE LAPPIN 31842 FRONTAGE RD 59715 BOZEMAN CREEK ANNEX TRACT 12 SYLVAN SPRINGS CONDO B-3 89.00 1.78 90.78RGH53880BAIR, ERIC J & KAROLINE KRAUSS 206 E MASON ST 59715 SOURDOUGH VILLAGE CONDOS UNIT 8 391.90 7.84 399.74RGG69953BAIR, ERIC J & KAROLINE KRAUSS 206 E MASON ST 59715 VALLEY MEADOWS SUBDIVISION BLOCK 5 LOT 5A 147.18 2.94 150.12RGH56243BAIRD, FRANK WELDON &CLAUDIA S 2240 PEACHTREE RD NW UNIT 12 30305 VILLAGE LOFT CONDOS UNIT 5B PHASE 1 BLDG A 282.43 5.65 288.08RGG50599BAJWA, DILPREET S & SREEKALA G 3048 FARMALL ST 59718 HARVEST CREEK SUBDIVISION PHASE 9 LOT 9 BLOCK 20 295.83 5.92 301.75RGH5627BAKER, MARK & JUDY 117 HUDSON ST FL 3 10013 BUTTE LOTS 1-4 BLOCK 9 571.47 11.43 582.90RGG67385BAKKEN, COURTNEY C 733 HANSON ST 59718 PARTRIDGE DOWNS SUBD PHASE 1A LOT 11 BLOCK 2 5284 SF PLUS OPEN SPACE 188.59 3.77 192.36RGG68659BAKKEN, IRA M & BARBARA J 4163 PALISADE DR 59718 COTTONWOOD CONDOS PH15 #119 267.92 5.36 273.28RGH3773BAKKEN, JEFFREY &KARMA WEN KIANG 1127 S PINECREST DR 59715 NEW HYALITE LOT 18 BLOCK 4 249.06 4.98 254.04RGG45184BALDOCK, BEAU B & SARAH BRUCKNER NORTHEN PO BOX 7015 83002 HARVEST CREEK SUBDIVISION PHASE 2 LOT 3 BLOCK 13 230.26 4.61 234.87RFG58696BALKOSKI, EDNA M & STEVEN JOHN 3000 LAKE ELMO DR 59105 BAXTER MEADOWS SUBD PHASE 6 LOT 19 BLK 15 PLUS 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&LOTS 14-18 BLK 5 230.26 4.61 234.87RFG55806BARNHARDT, KENNETH C & KAREN L 35 BLAZER TRAIL 59718 EASTWINDS CONDOS UNIT 2 CATTAIL CREEK PH 2A & 2B LOT 3 BLK 17 282.30 5.65 287.95RGG69535BARNWELL, GERALD T 5421 VAHL WAY 59718 THE LAKES AT VALLEY WEST PH 3 LOT 47 4500 PLUS OPEN SPACE 256.36 5.13 261.49RFG58720BARRETT, MICHAEL STEVEN 2422 NORTHVIEW ST 59715 BAXTER MEADOWS SUBD PHASE 6 LOT 23 BLK 16 PLUS OPEN SPACE 123.29 2.47 125.76RFG62594BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 22, BLOCK 1 502.41 10.05 512.46RFG84038BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 21, BLOCK 1 500.47 10.01 510.48RFG84060BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 15, BLOCK 2 502.81 10.06 512.87RFG84043BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 23, BLOCK 1 501.45 10.03 511.48RFG16376BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 24, BLOCK 8 502.35 10.05 512.40RFG84044BARTIMCO PROPERTIES INC 701 GOLD AVE 59715 NELSON MEADOWS SUB LOT 25, BLOCK 8 501.24 10.02 511.26RGH3667BARTIS, STEVEN J & LORI A BARTIS FAMILY TRUST 17 CORTE PINTO 94556 BUTTE LOTS 3-4 BLOCK 15 224.15 4.48 228.63RGG69103BASS, WILLIAM 1060 ROSA WAY 59718 TRADITIONS SUBDIVISION PH 2 LOT 20 BLOCK 1 3352 SF 111.32 2.23 113.55RGG59719BASSHAM, RYAN & MARISSA 4773 VICTORY ST 59718 LOYAL GARDENS SUBD PH 1B BLOCK 6 LOT 16 352.08 7.04 359.12RGH4133BATES, RICKY M & JEANNA CLARK 428 LUTZ LN 16870 BUTTE LOT 12 BLOCK 8 132.84 2.66 135.50RGG43131BAUDER, WARREN W BAUDER FAMILY PROTECTION TRST 2400 DURSTON RD UNIT 63 59718 WILLOWBROOK CONDO UNIT 63 COS 1855 TRACT 1 267.11 5.34 272.45RGG56798BAUER, JANA E 8252 MIDDLETOWN RD 55432 AIDAN II PLACE CONDOS UNIT 1A LAUREL GLEN PH 2 LOT 2 BLK 18 BLDG 1 112.84 2.26 115.10RGG59849BAUER, ROBERT C 3152 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 27 171.39 3.43 174.82RFG52660BAXTER MEADOWS MASTER C/O LUNA PROPERTIES 40 E MAIN ST STE 210 59715 BAXTER MEADOWS PH 2C & 2D PARK, BLOCK 10 5925.00 SQ FT 109.04 2.18 111.22RFG52703BAXTER MEADOWS MASTER C/O LUNA PROPERTIES 40 E MAIN ST STE 210 59715 BAXTER MEADOWS PH 2C & 2D PARK, BLK 14 31552 SQ FT 276.04 5.52 281.56RFG52640BAXTER MEADOWS MASTER C/O LUNA PROPERTIES 40 E MAIN ST STE 210 59715 BAXTER MEADOWS PH 2C & 2D PARK, BLK 9 2483 SQ FT 45.70 0.91 46.61RFG52703BAXTER MEADOWS MASTER C/O LUNA PROPERTIES 40 E MAIN ST STE 210 59715 BAXTER MEADOWS PUD PH 2C & 2D PARK, BLOCK 13 10629 SQ FT 195.60 3.91 199.51RGH2663BEALL, SHARON L 307 S TRACY AVE 59715 ALDERSON'S LOTS 3-4 BLOCK G 354.32 7.09 361.41RGH22608BEAN, PATRICIA D PO BOX 1550 59758 TR IN SE 1/4 7 2S 6E COS 381 LOT 13 ICE POND TOWNHOUSES 53.14 1.06 54.20RGH53876BEATTIE, KENNETH JAMES KELLY SUZANNE BEATTIE 23 SADDLE CLUB DR 79705 VILLAGE AT SOURDOUGH CONDOS UNIT 4 391.90 7.84 399.74RGG82271BEATY, CRYSTAL 387 WESTGATE AVE 59718 THE LAKES AT VALLEY WEST PH 5A LOT 13 274.02 5.48 279.50RGH43796BEAUVAIS, PASCAL & BETSY 4040 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION 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ESTATES LLC PO BOX 11510 59719 TRADEMARK CONDOS UNIT 2948C CATTAIL CREEK PHASE 1 LOT 5 BLOCK 5 142.66 2.85 145.51RGG3900BENSON, HEATH A & ELIZABETH L MARTIN 603 S 7TH AVE 59715 PARK ALL LOTS 1-2, NORTH 15'OF LOT 3 BLOCK 40 269.81 5.40 275.21RGG58032BENTZ, ANNE M 4382 GLENWOOD DR 59718 TRADITIONS SUB PHASE 1 LOT 1A BLK 2 PLUS OPEN SPACE 178.27 3.57 181.84RGH5141BERG, DAN & DEANA 290 RITAS RIDGE RD 59715 STORYS SOUTH 45.5 LOTS 10-11 BLOCK B WEST 23 X 60' OF ALDERSONS AE LOT IV 238.31 4.77 243.08RGG31559BERGER, JOHN 705 S CHURCH AVE 59715 GARDEN VALLEY ESTATES GARDEN VALLEY TOWNHOMES PHASE I LOT 1B BLOCK 5 312.22 6.24 318.46RGG63701BERNAUER, CHRISTY ELIZABETH 3527 S FEDERAL WAY STE 103 83705 SPRINGFIELD CONDO UNIT 814B OAK SPRINGS SUB PH 1 LOT 1 BLK 6 190.99 3.82 194.81RFG83933BERNTSEN, CASEY L 2710 SARTAIN ST UNIT 302A 59718 SANDHILL CONDO UNIT 302A BAXTER LANE SUB LOT 5 2710 SARTAIN - BLDG A 55.96 1.12 57.08RGG69954BEVERIDGE, AUSTIN ERIN KAPLAN-FARDY 320 MERIWETHER AVE 59718 VALLEY 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Delinquent Certification 120921
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RGG6394 BLACKWELL, MAYA 1920 ALTURA DR 59802 CORCORAN'S REARRANGED LOT 6 BLOCK 6 346.18 6.92 353.10RGG53390BLANCHARD, KATHRYN 2920 SPRINGHILL RD 59718 CHARLES PLACE CONDOS UNIT 4B LAUREL GLEN PH1 LOT 1 BLK 6 117.36 2.35 119.71RGG5603BLANCHFORD, ANDREW & ELIZABETH CMR 489 BOX 410 09751 PARK SOUTH 50'WEST 1/2 LOT 6 SOUTH 50'LOTS 7-11 WEST 6 X 5'LOT 11 BLOCK 33 288.76 5.78 294.54RGG58153BLEVINS, MICHAEL 3610 POTOSI ST 59715 OAK SPRINGS SUBD PHA 3 BLK 5 LOT 30 192.52 3.85 196.37RGH81743BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 101 AMENDED NP LOTS 6-14 BLOCK 106 59.55 1.19 60.74RGH81744BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 102 AMENDED NP LOTS 6-14 BLOCK 106 96.38 1.93 98.31RGH81745BLOCK 106 PARTNERS INC 618 N WALLACE AVE 59715 BLOCK 106 LOT A CONDO UNIT 103 AMENDED NP LOTS 6-14 BLOCK 106 86.54 1.73 88.27RGG2684BLOCK 6 LLC 855 N 15TH AVE 59715 WEST PARK MANOR BLOCK 6 LOT 1 PLAT F-36-J 1,921.22 38.42 1,959.64RGG52599BLOM, 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251.55RGG69644BOZMAN BEAR LLC 262 OCEANO DR 90049 NORTON EAST RANCH SUBDIVISION PHASE 3C LOT 10 BLOCK 3 194.69 3.89 198.58RGG20801BRANDENBURGER, MICHELLE L STEVEN BRANDENBURGER 302 E GRANITE AVE 59718 GARDEN VALLEY ESTATES LOT 42A BLOCK 5 GARDEN VALLEY TOWNHOMES PH II 374.69 7.49 382.18RGH2163BRANDING IRON HOLDINGS LLC 2845 BRANDING IRON RD 59715 ALDERSON'S LOTS 3-4, N 1/2 LOT 5 BLOCK H 437.11 8.74 445.85RGG70863BRANDON, BERT BRIAN HELGESON 2805 SPRING MEADOWS DR 59718 NORTON EAST RANCH SUB PH 3B LOT 6 BLOCK 6 PLUS OPEN SPACE 193.40 3.87 197.27RGG53243BRAUER, KARLA & FREDERICK E 2632 GELDING LN 94551 OAK SPRINGS SUB PH1 LOT17 BLK20 120.07 2.40 122.47RGH2312BRC WILSON LLC 2441 RICHAU LN 59715 BUTTE LOTS 13-16 BLK 21 448.43 8.97 457.40RGG26985BRENTWOOD LLC 1120 BRENTWOOD AVE 59718 BRENTWOOD SUB LOT 1A1 BLOCK 4 305.94 6.12 312.06RGH4311BREY, RONALD F &CLAIRE L CANTRELL PO BOX 6067 59771 BUTTE LOTS 21-22 BLOCK 11 324.14 6.48 330.62RGH65918BRIDGE PHYSICAL THERAPY HLDGS 1119 WOODLAND DR 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Delinquent Certification 120921
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RFG84046 BT-OH LLC ATTN: CORP REAL ESTATE DEPT 55 GLENLAKE PARKWAY NE 30328 NELSON MEADOWS SUB, PLAT 680-A LOT 1A, BLOCK 6 13,439.47 268.79 13,708.26RGH4531BUCHANAN, KENNETH H TRUSTEE PO BOX 1825 33921 FAIRVIEW LOT 5 & N 20' LOT 6 BLOCK 4 232.45 4.65 237.10RGG47200BUCHER, LEAH & CAMERON D 1140 N 27TH AVE UNIT 9 59718 DURSTON MEADOWS CONDOS UNIT 9 DURSTON MEADOWS PHASE 6 & 7 LOT 9 BLOCK 8 193.53 3.87 197.40RGG46859BUCHL, KURT J 15 E FIELDVIEW CIR 59715 WEST MEADOWS SUB PHASE 1 LOT 16S MEADOWS MINOR SUB #294 LOT 4 311.98 6.24 318.22RFG62260BUCK-CORNELIUS, REIL J & MARY BUCK 2342 GALLATIN GREEN BLVD #9 59718 DUCK CREEK TOWNHOMES UNIT 9 BAXTER MEADOWS PUD PH 2C & 2D LOT 2 BLK 14 114.42 2.29 116.71RFG66252BUCK, JHESS & ALICIA 2481 THOROUGHBRED LN 59718 THE KNOLL @ BAXTER WEST SUBD LOT 17 BLK 14 383.38 7.67 391.05RGH70353BUCKHAVEN HOLDINGS LLC 5013 TOWNE LAKE HILLS N 30189 HBP RESIDENTIAL CONDOMINIUM UNIT 310 TRACYS 2 LOT 1A BLK A 168.54 3.37 171.91RGG1806BUCKINGHAM, CHRISTINE B TINA 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BLOCK C 549.90 11.00 560.90RGH1948CENTER, RAY H & KIMBERLY A 503 PARK PL 59715 NEW HYALITE LOT 12 BLOCK 3 271.37 5.43 276.80RGG34760CENTER, RAY H & KIMBERLY A 503 PARK PL 59715 WESTFIELD SOUTH SUBDIVISION PHASE I LOT 6 BLOCK 2 370.42 7.41 377.83RGG20763CENTRAL HOLDINGS LLC PO BOX 1201 59771 WEST VALLEY COMMERCIAL CONDO BUILDING 1 UNIT 1-A 803.09 16.06 819.15RGG81535CERVATES, MARIO IVAN 415 N BROADWAY ST 59714 FLANDERS MILL SUBDIVISION PH 6 LOT 13 BLK 21 PLUS OPEN SPACE 481.87 9.64 491.51RGG59335CFE LLC MT LLC 1095 COUGAR DR 59718 DICKERSON PROFESSIONAL CENTER CONDOS UNIT 205 121.91 2.44 124.35RGH63746CHANDLER III, WILLIAM D 1930 LITTLE COTTAGE LN 59718 MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 25 219.30 4.39 223.69RGG27040CHAPMAN, BRET & KAREN 7363 NASH ROAD 59715 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 78 149.84 3.00 152.84RGG63053CHATRIAND, LINDA &SAGE F SMITH 4218 CASCADE ST UNIT A 59718 DRAGON FLY CONDOS UNIT 4218A VALLEY WEST PH 3A LOT 211 121.56 2.43 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RGG20816 CLINE, RANDY 403 PONDERA AVE 59718 GARDEN VALLEY ESTATES LOT 3 BLOCK 7 555.56 11.11 566.67RGH5922CLINGER, DOUGLAS H & CYNTHIA M 217 S TRACY AVE 59715 ALDERSON'S LOTS 7-8 BLOCK F 354.32 7.09 361.41RGH4496CLOSE, BRIAN ELIZABETH BOYSON 1140 CHERRY DR 59715 NEW HYALITE LOT 7 BLOCK 13 298.87 5.98 304.85RGH4776CLOW, CHRISTOPHER C & CAISELA R ORSINI 517 S 13TH AVE 59715 NORMANDY LOT 4 BLOCK 19 255.03 5.10 260.13RGH5501CLOW, CHRISTOPHER C & CAISELA R ORSINI 517 S 13TH AVE 59715 FAIRVIEW LOTS 9-10 LESS 31.5 X 4.5' SW CORNER OF BLOCK 10 274.23 5.48 279.71RFG58693CODE, ALLEN & CHRISTINE M 2445 MILKHOUSE AVE 59718 BAXTER MEADOWS SUBD PHASE 6 LOT 16 BLK 15 PLUS OPEN SPACE 211.39 4.23 215.62RGG82314COLBY, COURTNEY CAIN 5422 VAHL WAY 59718 THE LAKES AT VALLEY WEST PH 5A LOT 56 250.65 5.01 255.66RFH67726COLD SMOKE CONSTRUCTION LLC 2403 BOYLAN RD 59715 LEGENDS @ BRIDGER CREEK 2 PH 3 LOT 118 449.62 8.99 458.61RGG62497COLLINS, ROBERT D & VICKI 292 STILLWATER CREEK DR 59718 COTTONWOOD CONDOS PH5B #49 323.51 6.47 329.98RGG56507COLLINSWORTH FAMILY TRUST PO BOX 3005 59772 WEST WINDS PH 2A & 2B LOT 2B BLK 5 121.93 2.44 124.37RGH1586COLOMBO JR, JOSEPH J & JANET E COLOMBO LIVING TRUST 74 HITCHING POST RD 59715 STORYS LOT 11 22.5'WS LOT 10,N 4' LOT 12 BLOCK A, 4'N END OF W 22.5' LOT 13 BLOCK A 855.97 17.12 873.09RGG42512COLVIN, BRANDY L 709 ASTER AVE 59718 HARVEST CREEK SUBDIVISION PHASE I LOT 3 BLOCK 1 293.05 5.86 298.91RGH5488COMARATTA, KATHLEEN A 50 KNOLLWOOD LN 14221 BUTTE LOTS 2-4 BLOCK 13 398.47 7.97 406.44RGH5190COMARATTA, KATHLEEN A 50 KNOLLWOOD LN 14221 BEALLS 3RD LOTS 14,15 &7' NORTH SIDE LOT 16 BLOCK 2 541.70 10.83 552.53RGH4895COMARATTA, KATHLEEN A 50 KNOLLWOOD LN 14221 ALDERSON'S LOTS 1-2 BLOCK J 268.98 5.38 274.36RGH6300COMARATTA, KATHLEEN A 50 KNOLLWOOD LN 14221 ALDERSON ADD BLK G, LOTS 9-10 & W 36' S47' LOTS 7 & 8 & S10'LOT 8 .264 ACRES 469.83 9.40 479.23RGH1652COMMUNITY HEALTH PARTNERS INC 112 W LEWIS ST 59047 OP N 50' LOTS 34 TO 38 BLOCK D 318.95 6.38 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5.42 276.36RGG65187COTTONWOOD PROP OWNERS ASSOC 3112 LOS FELIZ BLVD 90039 MINOR SUB 454C LOT 3A-1 28.087 ACRES CRESENT CROSS ANNEXATION 498.10 9.96 508.06RFG81254COUGAR PROPERTIES LLC C/O SECURWEST ESCROW PO BOX 6550 59771 7TH & GRIFFIN COMMERCIAL CONDO UNIT PAD SITE 2 GORDON MANDEVILLE ST SCHOOL 1,410.30 28.21 1,438.51RFG50127COUSINS, DYLAN SARAH STUDT 2966 WARBLER WAY UNIT A 59718 MORRIS CONDOS UNIT B CATTAIL CREEK LOT 4 BLOCK 7 178.63 3.57 182.20RGG1667COWAN, RANDY 226 S 18TH AVE UNIT A 59715 LECLAIR SUBDIVISION LOT 12 NORDIC CONDO UNIT A 101.65 2.03 103.68RGH1992COWLES, KALANI 104 E STORY ST 59715 HOFFMANS W 11' LOT 6 ALL LOT 7 & LOT 8 BLOCK B 534.92 10.70 545.62RGG53197COX, JENNIFER L 924 MEAGHER AVE 59718 OAK SPRINGS SUB PH1 LOT3 BLK11 306.39 6.13 312.52RGG70077COX, TYLER & SHANA LEVIN 222 SW HARRISON ST APT 6B 97201 MEADOW CREEK SUB PHASE 1 BLK 2 LOT 3 TALBACH HOUSE CONDO UNIT 320 51.28 1.03 52.31RGG3573CRAFTYS K&C LL 3300 ARABIAN RD 59602 FIGGINS LOT 22 BLOCK 4 350.33 7.01 357.34RGH6605CRAFTYS K&C LL 3300 ARABIAN RD 59602 THOMPSONS 4TH BLOCK 4 PHASE I WOODBROOK TOWNHOUSE UNIT 3 168.03 3.36 171.39RFH59229CRANE, LEO & CLAIRE 1454 MAIDEN SPIRIT ST 59715 LEGENDS AT BRIDGER CREEK 2 PHASE 1 LOT 19 258.07 5.16 263.23RGG46848CRAWFORD, ALAN & NANCY 259 GREENMORE CT 59715 WEST MEADOWS SUBDIVISION PHASE 1 LOT 12S MEADOWS MINOR SUBDIVISION #294 477.75 9.56 487.31RGH1941CREEL, SCOTT R & NANCY M 1430 CHERRY DR 59715 NEW HYALITE LOT 19 BLOCK 15 298.87 5.98 304.85RGH31831CRESCENT REALTY CORP 7750 DUNLEITH DR 61025 EVERGREEN BUSINESS PARK AMENDED LOT 9B 1,916.56 38.33 1,954.89RGH43357CRESCENT REALTY CORP 7750 DUNLEITH DR 61025 EVERGREEN BUSINESS PARK AMENDED LOT 9A 1,825.44 36.51 1,861.95RGG69470CRITELLI, CHRISTOPHER & JAMIE 3188 TRADE WIND LN 59718 WEST WINDS SUBDIVISION PH 8 LOT 1 BLOCK 2 8052 PLUS OPEN SPACE 392.81 7.86 400.67RGH65931CROSBY, CHRISTINE E CHRISTINE CROSBY REV LVG TRST PO BOX 7456 97708 LINDLEY PARK PLACE CONDO #305 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY 62.53 1.25 63.78RGH32300CROSETTO, JEFFREY L 17825 4TH AVE SW 98166.SPRINGDELL LOTS 1-4 BLOCK 1 COLLEGE STREET CONDOS UNIT 4 141.41 2.83 144.24RGG49066CROW, ANDREW & SARA 174 ARCADIS LN 59715 WEST MEADOW SUBDIVISION PHASE 2 LOT 55 LOT 3 SOUTH MEADOW MINOR SUBDIVISION #294 464.06 9.28 473.34RGG81740CSER, IVETT H 550 ENTERPRISE BLVD UNIT 20 59718 UNIT 20 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 97.40 1.95 99.35RGG58584CUNHA, CARLOS 564 N CLIFDEN DR 59718 VALLEY WEST SUBDIVISION PH 3D LOT 117 274.15 5.48 279.63RGH2383CURRY, JAMES R &SARAH J KELLER 610 S BLACK AVE 59715 HOFFMANSS PT LOTS 5-8 BLOCK C BEING 66.87' X 104.21'242.04 4.84 246.88RGG55750CUTIETTA, MELANIE 4645 BEMBRICK ST UNIT 1A 59718 BRONZELEAF CONDOS UNIT 1A 4645 BEMBRICK ST COS 985 TRACT 1 101.63 2.03 103.66RGG25927CZORNY, ANDREW V 10640 COULTER PINE ST 59847 CEDAR WINDS CONDO UNIT 42 COS 386B TRACTS 2,3,4,5 122.75 2.46 125.21RGG53420D&T RENTALS LLC 715 N 11TH ST 59047 CHARLES PLACE CONDOS UNIT 7H LAUREL GLEN PH1 LOT 1 BLK 6 89.77 1.80 91.57RGG83400DABROWA, EMILY CHRISTOPHER BROWN 317 HERSTAL WAY 59718 THE LAKES, PHASE 5B LOT 5 217.90 4.36 222.26RGG20868DAILY, RILEY & FREDRICK R 102 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 11 BLOCK 19 366.62 7.33 373.95RGG21049DALTON, ANNE & MATTHEW P JOHNSON 415 WESTRIDGE DR 59715 FIGGINS LOT 20 BLOCK 9 263.73 5.27 269.00RGG2422DAMBERGER, BERNHARD AND LEAH 701 SHERATON DRIVE 94087 ROUSES 3RD LOT 5 BLOCK 1 249.06 4.98 254.04RGG56513DAMON, DARA 1831 BRISK CT 59718 WEST WINDS PH 2A & 2B LOT 6 BLK 5 169.34 3.39 172.73RGG51598DANEVSKI, DRAGAN &BOJANA SUSAK 203 MATHEW BIRD CIR 59715 WEST MEADOW SUB PH3 LOT90 373.45 7.47 380.92RGH56216DANIEL J NEWHALLER REVOC TRUST 5711 YEATS MANOR DR UNIT 302 33616 VILLAGE LOFT CONDOS UNIT 2E PHASE 1 BLDG A 171.02 3.42 174.44RGG58254DANIEL, SCOTT & STACEY PO BOX 871 93257 PARKS AMND LOT 14B BLOCK 47 PARKS ADD LTS 13-14, 53.5'SOUTH LOT 13 BLOCK 47 204.62 4.09 208.71RGG55564DARE, PENNY L MARILYNN M MCKENZIE TRUST PO BOX 921 59917 GROTTO FALLS CONDOS UNIT B LAUREL GLEN PH 1 LOT 10 BLK 2 119.03 2.38 121.41RGG58127DAUGHERTY, STEVEN THOMAS JANESSA JOSELLE DAUGHERTY 837 JARDINE AVE 59718 OAK SPRINGS SUBD PHA 3 BLK 3 LOT 17 192.26 3.85 196.11RFG44044DAVE MALONE LLC 3182 E MILLCREEK CANYON RD 84109 GALLATIN PARK SUBDIVISION LOT 8 BLOCK 1 PLUS OPEN SPACE 551.07 11.02 562.09RGG53610DAVEY, CARLOS & AMBER 3123 BEN HOGAN PL 59106 COURTYARD CONDOS UNIT 285-3 VALLEY WEST PH 2 LOTS 48 & 51 127.11 2.54 129.65RGG5457DAVIES, BRENT C 6300 SAGEWOOD DR STE H593 84098 CAPITAL HILL LOTS 4-7 BLOCK 48 501.85 10.04 511.89RGG46530DAVIES, KATHLEEN PO BOX 11556 59719 HARVEST CREEK SUBDIVISION PHASE 5 LOT 7 BLOCK 15 374.49 7.49 381.98RGG4267DAVIES, VICKIE &ROBERT DOUGHERTY 425 PERKINS PL 59715 CAPITAL HILL LOTS 24-25 BLOCK 2 262.34 5.25 267.59RGH4324DAVIS CHRIS C/O ZOOCEANARIUM GROUP 100 S 4TH ST STE 550 63102 ROUSES 1ST LOTS 11 & 12 BLOCK H 278.94 5.58 284.52RGG70148DAVIS, HERBERT HOLLAND 6541 BLACKWOOD RD 59718 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RGG59444 DENECKE RANCH 3300 E GRAF ST UNIT 67 59715 SOUTH MEADOWS CONDOS UNIT 67 357.35 7.15 364.50RGG68487DENNEE, JASON M & NATALIE F 857 WINDROW DR 59718 FLANDERS MILL SUBDIVISION PH 1 LOT 10 BLOCK 1 8842 SQ FT PLUS OPEN SPACE 326.37 6.53 332.90RGG83697DENNEHY, KELI 2016 CHIPSET ST UNIT D 59718 GALLATIN RIDGE CONDO UNIT D BLDG 2 LOT 15 BLOCK 12 130.21 2.60 132.81RGG33070DENNIE, SHAUE 3422 GOLDEN VALLEY DR 59718 VALLEY CREEK SUB PH II LOT 1B BLOCK 9 135.46 2.71 138.17RFG66280DESTINATION HOMES LLC 1826 SANTA ANA CT 59718 THE KNOLL @ BAXTER WEST SUBD LOT 10 BLK 11 380.80 7.62 388.42RGG58297DEUBLE, AMY YOUNG 4953 SNOWBERRY LN 80439 OAK MEADOWS SUBDIVISION LOT 11 BLK 3 PLUS OPEN SPACE 179.40 3.59 182.99RGG69807DEUSO, LUCAS W 646 WESTGATE AVE UNIT D 59718 FLANDERS CREEK SUBDIVISION LOT 1 BLOCK 1 VLAANDEREN CONDOS 129.07 2.58 131.65RGG2988DEVAN, ABINANDH RAJ & ALEXANDRA YANNAKOS 1915 CHAMBERS DR 59715 GRAF'S 1ST LOT 2A BLOCK 2 265.65 5.31 270.96RGG21426DEVAN, ABINANDH RAJ & ALEXANDRA 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266.25 5.33 271.58RGG59791DRAKE, KIRSTEN 6201 ALAMOSA LN 59718 ALDER CREEK SUBDIVISION PH 4-5 BLOCK 16 LOT 10 217.54 4.35 221.89RGH41384DROPTABLES LLC 2311 7TH AVE 94606 NP ADD LOT 2A BLK 108 PLAT C-23-A5 477.12 9.54 486.66RGH1403DROPTABLES LLC 2311 7TH AVE 94606 NP LOT 14A BLK 108 (PORT LOT 12 & LOTS 13-16 &PORT OF EAST ASPEN ST)664.23 13.28 677.51RFG62264DUCK CREEK LLC 2905 LAKE E DR STE 150 89117 DUCK CREEK TOWNHOMES UNIT 13 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 14 114.42 2.29 116.71RFG62265DUCK CREEK LLC 2905 LAKE E DR STE 150 89117 DUCK CREEK TOWNHOMES UNIT 14 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 14 114.42 2.29 116.71RFG62266DUCK CREEK LLC 2905 LAKE E DR STE 150 89117 DUCK CREEK TOWNHOMES UNIT 15 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 14 114.42 2.29 116.71RFG62267DUCK CREEK LLC 2905 LAKE E DR STE 150 89117 DUCK CREEK TOWNHOMES UNIT 16 BAXTER MEADOWS PUD PH 2C & 2D LOT 4 BLK 14 114.42 2.29 116.71RFG62268DUCK CREEK LLC 2905 LAKE E DR STE 150 89117 DUCK CREEK TOWNHOMES UNIT 17 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3 112.91 2.26 115.17RFH34402DULIN, MELISSA 2401 PAR CT 59715 BRIDGER CREEK SUBDIVISION PHASE I LOT 48A 254.37 5.09 259.46RGH4002DUMBROVSKY, TOMAS & RADKA 210 ACCOLA DR 59715 THOMPSONS 4 VADHEIMS RE ARR BLOCK 3 LOT 4 BLOCK 3S 401.47 8.03 409.50RGG20781DUNCAN, ARNOLD & BRIDGET CAVANAUGH 409 S YELLOWSTONE AVE 59718 GARDEN VALLEY ESTATES LOT 4 BLOCK 5 559.84 11.20 571.04RGH65905DUNN, DOUGLAS E & KATHY J 541 AMERICAS WAY #8622 57719 AMENDED PLAT BLOCK M ORIGINAL TOWNSITE LOT 9 62.71 1.25 63.96RGG22631DUNN, ROBERT 1401 W PORPHYRY ST 59701 CEDAR WINDS CONDO UNIT 12 COS 386B TRACTS 2,3,4,5 122.75 2.46 125.21RGG58086DURKEE, EMILY & SHAUN 3783 ANNIE ST 59718 OAK SPRINGS SUBD PHA 3 BLK 10 LOT 15 189.81 3.80 193.61RGG4508DWYER, JENNIFER 212 PAINTED HILLS RD 59715 ROUSES 3RD TRACT 4 BLOCK 1 261.50 5.23 266.73RFG83342EARLY, MICHAEL S & LISA L 3083 FEN WAY UNIT B 59718 CAMELBACK CONDO UNIT 3083B LOT 2 BLOCK 12 CATTAIL CREEK SUB PH 2A & 2B 127.60 2.55 130.15RGH81827EAST MAIN HOLDINGS LLLC 3423 E US 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BLDG 2ND FLOOR UNIT 4 NORTHERN ROCKIES SUB PUD LOT 6 190.28 3.81 194.09RGH60537ELK DRAW LLC 1648 ELLIS ST UNIT 102 59715 1648 ELLIS PROFESSIONAL BLDG 1ST FLOOR UNIT 1 NORTHERN ROCKIES SUB PUD LOT 6 148.31 2.97 151.28RGG33172ELPEL, JEANNETTE L AS TRUSTEE 8215 FOWLER LN 59718 BRIDGER PROFESSIONAL CENTER CONDO UNIT 4 UNIVERSITY SQUARE SUBDIVISION LOT 3 BLOCK 2 185.61 3.71 189.32RGG56663EMBRY ENTERPRISES INC 50%KEVIN WYSOCKI 50%2621 W COLLEGE ST 59715 MEADOW CREEK SUB PHASE 1 LOT 13 BLK 9 498.10 9.96 508.06RFG70807EMERSON, FRANCES A 3875 KIMBERWICKE ST 59718 FOUR POINTS MINOR SUBD 475 LOT 2 BLONDIE CONDOS UNIT 3875 125.30 2.51 127.81
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RGG56628 EMERSON, JOHN M & JULIE A 3244 S 26TH AVE 59718 MEADOW CREEK SUBDIVISION PH 1 AMENDED LOTS 8-15 BLK 5 &LOTS 14-18 BLK 9 279.02 5.58 284.60RGG46897EMERY, TIMOTHY R 844 ROGER'S WAY UNIT A 59718 COOPER CONDOS UNIT A ANNIE PH 3A LOT 9 BLK 3 193.96 3.88 197.84RGG83895EMMERT, DIAN & JOHN D 718 W BABCOCK ST UNIT 212 840 SNOW TRL 59718 UNIT 212 SOBO LOFT CONDOS LOT 1A, BLOCK 3 PARK ADDITION TO BOZEMAN 16.95 0.34 17.29RGG58805EMNETT, JUNIPER & DOUG CHAPMAN 5915 ESTATE LN 59714 AIDAN I PLACE CONDOS UNIT 3G LAUREL GLEN PH 2 LOT 1 BLK 18 BLDG 3 113.35 2.27 115.62RGH1846ENGEN, JON R PO BOX 3508 83340 SPRINGDELL LOTS 1-4 BLOCK 1 COLLEGE STREET CONDOS UNIT 2 141.41 2.83 144.24RGG81595ENSELMAN, LEIGH 1540 NEW HOLLAND DR 59718 WEST WINDS SW SUBDIVISION PUD LOT 3 BLOCK 5 183.86 3.68 187.54RGG59180EOFF, HOWARD & SUSAN 86 BAXTER LN E 59718 BSC CONDOS UNIT L3 LOT A MINOR #362 PORT TR 2 COS 1256 98.31 1.97 100.28RGG53235EQUITY TRUST CO CUSTODIAN GRANT EICKELBERG IRA 83%945 ANTELOPE RIDGE RD 59714 OAK SPRINGS SUB PH1 LOT9 BLK20 119.97 2.40 122.37RGH51333EREKSON, SAMUEL P 4267 BENEPE ST 59718 EAST END COMMERCIAL WAREHOUSE CONDOS UNIT 26J LOT 4 OF MINOR 41 AND LOT 3A1 24.51 0.49 25.00RGH60086ERICKSON, CLAUDIA 1372 POST DR 59715 THE KNOLLS AT HILLCREST BLOCK 5 LOT 6 213.07 4.26 217.33RGH56230ERICSON, GREGORY J & KARYN H 391 TAMARACK AVE 92008 VILLAGE LOFT CONDOS UNIT 3I PHASE 1 BLDG A 116.37 2.33 118.70RGG51600EULER, WENDY A 225 MATHEW BIRD CIR 59715 WEST MEADOW SUB PH3 LOT92 484.06 9.68 493.74RGH4196EVANS, DAVID ANDREW EVANS DAVID ANDREW RE LI TR 8895 HUNTCLIFF LAKE CT 30350 BOZEMAN CREEK ANNEX TRACT 1A COS 236 D 1.24 ACRES 498.10 9.96 508.06RGH2584EVANS, DAVID ANDREW EVANS DAVID ANDREW RE LI TR 8895 HUNTCLIFF LAKE CT 30350 BOZEMAN CREEK ANNEX TRACT 2A COS 236 D 2.34 ACRES 498.10 9.96 508.06RGG2275EVANS, RONALD W & COLEEN K 2015 NE 56TH AVE 97213 GRAF'S 1ST REARRANGED LOT 9 BLOCK A KIRK'S 2ND BLOCK 6 243.35 4.87 248.22RFH67723EWING, BRENT & SARAH 905 HOPKINS DR 75087 LEGENDS @ BRIDGER CREEK 2 PH 3 LOT 121 300.22 6.00 306.22RGG56516FAABORG, DANIEL 2311 SPRUCE ST 59101 WEST WINDS PH 2A & 2B LOT 9 BLK 5 226.38 4.53 230.91RGG29488FAIRCHILD, MEGAN FAITH 208 PONDERA AVE UNIT B 59718 VALLEY UNIT SUBDIVISION LOT 8 BLOCK 10 BROADMOOR CONDO UNIT B 138.33 2.77 141.10RGG60207FAITH, EMELIA MARIE 850 SANDERS AVE UNIT A 59718 DIAMOND ESTATES SUB 2 PH 2 LOT 2 BLK 7 UNIT 850-A UNION PACIFIC CONDOS 173.38 3.47 176.85RGG5152FARGOT, HENRY C 5240 ECLIPSE DR 59715 WEST PARK LOTS 9-10 BLOCK 51 237.43 4.75 242.18RGH6608FARLAND, BRIANNA 1616 S TRACY AVE 59715 THOMPSONS 4TH BLOCK 4 PHASE I WOODBROOK TOWNHOUSE UNIT 9 78.97 1.58 80.55RFG51382FARLEY, PAUL 15 LANCE LN 28806 CATTAIL CREEK SUBDIVISION PHASE 1 BLOCK 5 LOT 5 TRADEMARK CONDOS UNIT 2942B 145.01 2.90 147.91RGG42409FARMER, RYAN & STACY 2611 LILY DR 59718 DURSTON MEADOWS SUBDIVISION PHASES 4 & 5 LOT 18 BLOCK 5 199.04 3.98 203.02RGG2598FARRINGTON, CLIFFORD A 606 S 6TH AVE 59715 PARK LOTS 21-22 BLOCK 42 232.45 4.65 237.10RGG53752FARRINGTON, VICKI FRANK L & VICKI L FARRINGTON 1141 PARK VIEW CT 82801 RED TAIL MEADOWS CNDS UNIT 19 LAUREL GELN PH1 LOT 1 BLK 18 140.39 2.81 143.20RGG46849FARRIS, BARBARA 459 WEBBS COVE 34229 WEST MEADOWS SUBDIVISION PHASE 1 LOT 13S MEADOWS MINOR SUBDIVISION #294 400.88 8.02 408.90RGG46860FARRIS, N JOSEPH & BARBARA 459 WEBBS COVE 34229 WEST MEADOWS SUB PHASE 1 LOT 17S MEADOWS MINOR SUB #294 LOT 4 296.43 5.93 302.36RGG83569FAUVET, PEIRRE & JONI FAUVET FAMILY TRST 17917 E CINDERCONE RD 85263 CENTRE PARK FLATS CONDO BLDG 1 UNIT 303 STONERIDGE SQUARE SUB LOT 9 123.37 2.47 125.84RGG32365FEDORE, SLADE & DANIELLE 404 N 23RD AVE 59718 WEST PARK MANOR 4TH LOT 25 BLOCK 4 310.92 6.22 317.14RGG59601FEIGE, ANDREA LOGAN AYTES 224 S COTTONWOOD RD UNIT 10759718 TBP CONDOS UNIT 107 BLDG 1 MINOR SUB 340 LOT 1 66.50 1.33 67.83RGH2608FELLERHOFF, KAREN 3336 SPAINBRIDGE RD 59714 BUTTE LOTS 13-16 BLOCK 9 564.60 11.29 575.89RGG50862FELTIS-GERMAN, LISA L GERMAN TRUST 4587 CASCADE ST 59718 VALLEY WEST SUBDIVISION PHASE 2 LOT 19 281.83 5.64 287.47RFG56256FEN WAY LLC PO BOX 6174 59771 RISING SUN ESTES BLD 2 UNIT A CATTAIL CREEK PH 2A & 2B LOT 3 BLK 12 124.35 2.49 126.84RGG50619FENG, WENCHAO & HONGTAO ZHANG 2991 ANNIE ST 59718 HARVEST CREEK SUBDIVISION PHASE 8 LOT 2 BLOCK 29 319.31 6.39 325.70RGG69321FERGUSON, DAVID 548 VALLEY DR 59718 PINE MEADOWS SUBDIVISION LOT 1 BLOCK 1 6171 SQ FT PLUS OPEN SPACE 211.26 4.23 215.49RGG63066FERNANDES, BETHANY & PATRICK 228 S COTTONWOOD RD UNIT 102 59718 TBP CONDOS UNIT 102 BLDG 1 MINOR SUB 340 LOT 2 66.50 1.33 67.83RGH1574FIELDS, JOSLIN H 14777 HAYHOOK RD 59715 BAB-DAVIS E69' LOT 13-16 BLOCK 2 326.19 6.52 332.71RGG4926FIGI, HANS 484 SKUNKS MISERY RD 21564 UNPLATTED TRACT B .292 ACRES COS 185 SOUTHWEST 1/2 S12M T2S, R5E 422.38 8.45 430.83RGH3911FIGI, SHARON 812 S 3RD AVE 59715 BUTTE LOTS 20-22 BLOCK 4 386.02 7.72 393.74RGH2917FIGI, SHARON 812 S 3RD AVE 59715 BUTTE LOTS 21-22 BLOCK 15, &3' X 50' SOUTHEAST CORNER LOT 23 BLOCK 15 288.58 5.77 294.35RGG2638FINLEY, BEVERLY ANN 2200 W DICKERSON ST UNIT 46 59718 GRAF'S 1ST REARRANGED LOT 4 BLOCK A KIRK'S 2ND BLOCK 6 237.10 4.74 241.84RGG38982FISHER, HEATHER 60 N 24TH AVE 59718 WEST BABCOCK LOT 4 BLOCK 1 209.57 4.19 213.76RGG58268FISHER, MELINEE E 1065 N 12TH AVE 59715 OAK MEADOWS SUBDIVISION LOT 12 BLK 1 PLUS OPEN SPACE 139.93 2.80 142.73RGG55886FISHER, WILLIAM & DANA 94 LEGACY COUNT 59701 SAXON WAY CONDOS UNIT C LAUREL GLEN PH 1 LOT 5 BLK 1 127.84 2.56 130.40RFG10109FISHER, WILLIAM & GEORGE PO BOX 98549 98198 GARDNER SIMMENTAL SUBDIVISION TRACT 8 LOT 4 2.133 ACRES 3,085.04 61.70 3,146.74RGH6582FIVE MIN MAJOR LLC 502 E COTTONWOOD ST 59715 NP ADD BLOCK 107 LOTS 1-2 N 120' OF LOTS PLAT C-23 199.61 3.99 203.60RGG1918FLANIGAN, KEITH 720 W BABOCK ST 59715 PARK LOTS 10-11 BLOCK 3 369.28 7.39 376.67RGH2436FLANIGAN, KEITH 720 W BABOCK ST 59715 BOZEMAN CREEK ANNEX N TRACT 31B 498.10 9.96 508.06RGG20813FLANSBURG, LUKE 302 PONDERA AVE 59718 GARDEN VALLEY ESTATES LOT 12A BLOCK 6 PHASE III GARDEN VALLEY TOWNHOMES 276.02 5.52 281.54RGG20875FLEMING, DREW 103 N YELLOWSTONE AVE 59718 VALLEY UNIT SUBDIVISION LOT 4 BLOCK 20 403.30 8.07 411.37RFG53994FLIKKEMA, BRIAN 3604 GOLDEN VALLEY DR 59718 WARBLER WAY CONDO UNIT 2 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 3 BLOCK 6 198.25 3.97 202.22RFG52712FLIPPEN, TRAVIS J 3921 EQUESTRIAN LN 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 9A BLK 12 125.88 2.52 128.40RGG27102FLOWERREE FAMILY LLC PO BOX 1869 89505 COS 1005 SOUTHEAST 1/4 SOUTHEAST 1/2 SECTION 9 18.24 ACRES 498.10 9.96 508.06RGG70571FLOWERS, NATALIE E 426 KIMBALL AVE UNIT B 59718 VALLEY WEST SUB PH 3D LOT 231 LBI CONDOS UNIT B 114.39 2.29 116.68RGG63636FOGG, KELLY REIMCHE 847 COTTAGE PARK LN 59718 COTTAGE PARK LANE CONDOS UNIT 11 ANNIE STREET COTTAGES 87.11 1.74 88.85RGH2725FOLEY, JAMES 136 HONEYSUCKLE LN 05495 SUBDIVISION 192 LOT 1 FORMERLY PERKINS & STONE MINOR TRACT 8 BLOCK 1 379.26 7.59 386.85RGG42519FOREMAN, BRUCE C 727 ASPEN AVE 59718 HARVEST CREEK SUBDIVISION PHASE I LOT 10 BLOCK 1 237.43 4.75 242.18RGH41727FORSTER, DANELLE 4214 E GRAF ST 59715 SUNDANCE SPRINGS SUBDIVISION PHASE 1A LOT 61 473.20 9.46 482.66RGG65771FOSTER, JONATHAN & KATHLEEN 3327 MONIDA ST 59718 THE CROSSING 2 SUBDIVISION LOT 19 BLK 7 419.89 8.40 428.29RFG50238FOUR FLY FELLOWS LLC 4535 COMMONS DR STE 20 59718 THE FLATS AT VAQUERO PARKWAY CONDOS BAXTER MEADOWS SUBDIVISION 609.91 12.20 622.11RGG68488FOX JR, GARY D &SAMANTHA L FOX 851 WINDROW DR 59718 FLANDERS MILL SUBDIVISION PH 1 LOT 9 BLOCK 1 10496 SQ FT PLUS OPEN SPACE 387.41 7.75 395.16RGG60257FOX, GARY D & SAMANTHA L 4057 TANZANITE DR 59718 DIAMOND ESTATES SUBD 2 PH 2 BLK 2 LOT 12 PLUS OPEN SPACE 283.86 5.68 289.54RGG43052FRADKIN, EDWARD & MILA SPEKTOR C/O IPM 102 EAGLE FJORD CT UNIT A 59718 MORGAN CREEK CONDOS NORTH MEADOWS SUBDIVISION LOT 6 BLOCK 4 PHASE 3 #3G 117.55 2.35 119.90RGG47701FRADKIN, EDWARD & MILA SPEKTOR C/O IPM 102 EAGLE FJORD CT UNIT A 59718 MADISON PLACE CONDO UNIT 54 NORTH MEADOWS SUBDIVISION LOT 5 BLOCK 1 112.70 2.25 114.95RGG51537FRADKIN, EDWARD & MILA SPEKTOR C/O IPM 102 EAGLE FJORD CT UNIT A 59718 FOWLER MEADOWS CONDOS UNIT 7 VAN HORN SUB TRACT A-1 143.56 2.87 146.43RGG51538FRADKIN, EDWARD & MILA SPEKTOR C/O IPM 102 EAGLE FJORD CT UNIT A 59718 FOWLER MEADOWS CONDOS UNIT 8 VAN HORN SUB TRACT A-1 143.56 2.87 146.43RFG53948FRAISER DANFORTH, OPEL 6875 N SALEM AVE 97203 WHISPERING PINES CONDOS UNIT16 CATTAIL CREEK SUB PH 2A LOTS 1 & 2 BLOCK 10 175.65 3.51 179.16RGG47284FRANCK, PRESTON MEGHAN KRANKER 12 MERIWETHER AVE 59718 WEST GLEN SUBDIVISION LOT 3A BLOCK 6 176.67 3.53 180.20RGG49665FRANDSEN, TRAVIS & GAYLE 4018 BROADWATER ST 59718 BROADWATER COURT SUB PHASE 1 LOT 7 BLOCK J AMEND BLOCK J FERGUSON MEADOWS 216.29 4.33 220.62RGG2185FRASIER JONES LLC 5402 N CAMINO REAL 85718 CAPITAL HILL LOTS 3-4 BLOCK 16 199.24 3.98 203.22RGG56272FREEDENBERG, SALLY H 35 KIMBALL AVE UNIT B 59718 SQUARE ONE CONDOS UNIT B VALLEY WEST PH 1B LOT 56 128.11 2.56 130.67RFG70803FRENCH, CHRISTIANE MEHLIG 14670 E ACADIA WOOD RD 49670 FOUR POINTS MINOR SUBD 475 LOT 2 BLONDIE CONDOS UNIT 3841 151.03 3.02 154.05RGG44859FREY, JUSTINE ANNE 317 SANDERS AVE 59718 FERGUSON MEADOWS SUBDIVISION LOT 11 BLOCK E 314.51 6.29 320.80RGH1412FRIELING, TRACY J &SHANNA L HARVEY 17250 WILSON CREEK RD 59730 LOTS 22-24 BLOCK 116 NORTHERN PACIFIC ADDITION 352.95 7.06 360.01RGG39817FULLER, DREW N 119 MICHAEL GROVE AVE 59718 WILLOW SUBDIVISION LOT 3B BLOCK 3 125.01 2.50 127.51RGG59755G & G PROPERTIES 2720 GREGORY DR S 59102 LOYAL GARDENS SUBD PH 1B BLOCK 10 LOT 2 175.30 3.51 178.81RGG44150G & H COMMERCIAL LLC 2020 E CHARLOTTE ST STE 15 59718 STONERIDGE PUD MINOR SUB #1 LOT 2 2,207.52 44.15 2,251.67RGH24212G & J THOMPSON RANCH LLC 45 THOMPSON FIELD LN 59714 THOMPSONS 4TH LOT 6 BLOCK 3 BIRCH PLACE CONDO UNIT E 106.70 2.13 108.83RGG50597GAA, THOMAS M & KAREN L WAYMAN 234 ROBIN WAY 94025 HARVEST CREEK SUBDIVISION PHASE 9 LOT 11 BLOCK 20 294.27 5.89 300.16RGH3713GADDIS, RITA A 624 N WILLSON AVE 59715 IMES LOTS 25-26 BLOCK 47 230.79 4.62 235.41
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Delinquent Certification 120921
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RGG61633 GALE, RICHARD & PRISCILLA 247 CLIFDEN DR 59718 YUCAIPA RIDGE CONDOS UNIT D VALLEY WEST PH 3D LOT 235 119.39 2.39 121.78RGH4649GALLAGHER, JESSE L PO BOX 1199 18424 FAIRVIEW LOTS 18-20 BLOCK 3 418.40 8.37 426.77RGH2827GALLATIN LABOR TEMPLE 810 HIALEAH CT 59601 ROUSES 1ST LOT 20 W22'LOT 21 BLOCK F 454.72 9.09 463.81RFG56876GALLATIN SKY LLC 2387 ARABIAN AVE 59718 BAXTER MEADOWS SUBD PHASE 3A BLK 18 LOT 16 375.30 7.51 382.81RGG54802GALLATIN VALLEY HEALTH/FITNESS GROUP LLC 4181 FALLON 59718 RIDGE ATHLETIC CLUB SUBDIVSION & LOT 2C MINOR SUB NO 365-A LOT 7A PLUS COMMON OPEN SPACE 1,153.78 23.08 1,176.86RGG83073GALLATIN VALLEY HOMES INC 71 BROKEN HORN DR 59718 CREEKSTONE CONDOS UNIT B BLDG 11 LAUREL GLEN PH 2 LOT 1 BLK 34 126.27 2.53 128.80RGG82312GALLI, DAVID MICHAEL MARTHA ROSE GALLI 5410 VAHL WAY 59718 THE LAKES AT VALLEY WEST PH 5A LOT 54 250.65 5.01 255.66RGG50885GAMBLE, JAMES 4263 COVER ST 59718 VALLEY WEST SUBDIVISION PHASE 2 LOT 39D 160.14 3.20 163.34RGG46556GANN, BRANDON T NICHOLAS A ROBBINS 3273 OLIVER ST 59718 HARVEST CREEK SUBDIVISION PHASE 5 LOT 1 BLOCK 32 274.82 5.50 280.32RGG1657GANSER, LUKE 1810 W OLIVE ST UNIT 1-B 59715 LECLAIR SUBDIVISION LOT2 1-2 UNIT 1-B LOT 2 COTTONWOOD COVE TOWNHOUSE 119.76 2.40 122.16RGH2377GARNAAS, MARK F & RENEE B 609 WEST CRESTLINE DR 59803 THOMPSONS 3 REARRANGED LOT 3 BLOCK 3 498.10 9.96 508.06RGH3549GARRE, MICHAEL & EMMA 1310 ROBIN LN 59715 THOMPSONS ADDITIION #4 STERLING CONDOS UNIT 2 LOT 18 BLOCK 9 99.96 2.00 101.96RGG69800GARRETT, RICHARD & WENDY 20118 59TH ST SE 98290 VLAANDEREN CONDOS UNIT C BLDG 11 FLANDERS CREEK SUB 129.07 2.58 131.65RGG4968GARRIGUES, BETSY B & GREGORY R 1113 S 5TH AVE 59715 CAPITAL HILL LOTS 6-8 BLOCK 30 448.54 8.97 457.51RGG56788GARRISON, BEVERLY A 1169 FORESTGLEN DR UNIT A 59718 WHITE MOUNTAIN CONDOS #1169A LAUREL GLEN PH 2 LOTS 2 & 13 BLK 16 162.85 3.26 166.11RGG69541GARRITY, DEIRDRE LYNN 4276 CASCADE ST UNIT D 59718 THE LAKES AT VALLEY WEST PH 3 LOT 29 4506 PLUS OPEN SPACE 256.71 5.13 261.84RGG42372GATZEMEIR, ALVIN & MARYLIN &MAK LLC 323 71ST AVE W 59501 ROSE PARK SUBDIVISION LOT 5 BLOCK 1 ANNIE SUBDIVISION PHASE II LOT 4 413.33 8.27 421.60RGG50150GAWORSKI, CLANEY & CLARENCE 5690 ANNIE ST UNIT 3A 59718 CHARLES PLACE CONDOS UNIT 3A LAUREL GLEN LOT 1 BLOCK 6 89.77 1.80 91.57RGG58152GEARHART, KATHRYN & BRIAN 13381 EDGEWOOD AVE 55378 OAK SPRINGS SUBD PHA 3 BLK 5 LOT 29 115.90 2.32 118.22RGG83499GEDDES, CHRISTOPHER T AMANDA LEE GEDDES 5325 VAUGHN DR 59718 LAKES SUBD, PHASE 6 LOT 9 279.13 5.58 284.71RGH70350GETZ JR, BERT A 225 SHADOWOOD LANE 60093.HBP RESIDENTIAL CONDOMINIUM UNIT 307 TRACYS 2 LOT 1A BLK A 159.30 3.19 162.49RGG58566GIAMANCO, ELIZABETH A 593 CLIFDEN DR 59718 VALLEY WEST SUBDIVISION PH 3D LOT 42 316.27 6.33 322.60RGG83064GIBBONS, DANIEL T & MELISSA T 8461 LUPINE LN 59718 CREEKSTONE CONDOS UNIT B BLDG 9 LAUREL GLEN PH 2 LOT 1 BLK 34 126.27 2.53 128.80RGG83063GIBBONS, DANIEL T & MELISSA T 8461 LUPINE LN 59718 CREEKSTONE CONDOS UNIT A BLDG 9 LAUREL GLEN PH 2 LOT 1 BLK 34 126.27 2.53 128.80RGH5932GIBSON, ROCHELLE 8472 WAGON BOSS RD 59715 IMES LOT 14 & PORTION OF LOTS 15-17 BLOCK 45 275.61 5.51 281.12RFH34367GIEBINK, THOMAS H 1069 BOYLAN RD 59715 BRIDGER CREEK SUB PH I LOT 40 376.10 7.52 383.62RGH51339GIEBINK, THOMAS H 1069 BOYLAN RD 59715 EAST END COMMERCIAL WAREHOUSE CONDOS UNIT 28D LOT 4 OF MINOR 41 AND LOT 3A1 25.62 0.51 26.13RGH3813GILL, JAYSON AND LISA LAIRD 308 S CHURCH AVE 59715 ROUSES 2ND LOT 3, N 1/2 LOT 4 BLOCK E 301.84 6.04 307.88RGG51273GILLET, LORI A 4283 MONROE ST UNIT D 59718 BRECKEN PLACE CONDOS UNIT 66D VALLEY WEST SUB PH 1 LOT 66 BLK 1 115.30 2.31 117.61RGH50685GILLETTE, CHRISTOPHER & EDITH 108 VILLAGE DOWNTOWN BLVD 59715 VILLAGE BOULDEVARD MINOR SUBDIVISION 344 LOT 1 VILLAGE DOWNTOWN SUB LOT 108 194.27 3.89 198.16RGG70866GILMAN, PAMELA M 5557 REDHAVEN ST 59718 NORTON EAST RANCH SUB PH 3B LOT 3 BLOCK 5 PLUS OPEN SPACE 202.76 4.06 206.82RGG25845GILMORE, GRANT 103 S YELLOWSTONE AVE UNIT D 59718 VALLEY UNIT SUBDIVISION TERRACE VIEW CONDO UNIT D LOT 1 BLOCK 9 145.71 2.91 148.62RFG54502GLACIER BANK 49 COMMONS LOOP 59901 AMEND GALLATIN CENTER SUB PH1 OF PH4 LOT 13A 2,723.40 54.47 2,777.87RGG5340GLADDEN, BRIAN & JULIE 1151 GLEN RD 94549 CAPITAL HILL LOTS 17-18 BLOCK 46 299.03 5.98 305.01RGH22597GLEASON, PAUL R 525 N AVENUE H APT 714 83712 TR IN SE 1/4 7 2S 6E COS 381 LOT 2 ICE POND TOWNHOUSES 53.14 1.06 54.20RGH2580GLIKO, JOSH 347 JARVIS RD 59412 THOMPSONS 4TH LOT 5 BLOCK 8 TANGLEWOOD CONDO UNIT 2 171.81 3.44 175.25RGG59501GOODMAN, DAN W 3751 PIPESTONE ST 59718 OAK SPRINGS SUBD PH 4 BLK 5 LOT 11 116.24 2.32 118.56RGH1865GOODWIN, ROBERT R 25 PAINTED RIDGE RD 59715 UNIV SUB LOT 8 BLOCK 4 265.65 5.31 270.96RGG42450GRACEY, JOSEPH & SARAH 2622 GOLDENROD LN 59718 DURSTON MEADOWS SUBDIVISION PHASE 6 & 7 LOT 1 BLOCK 7 222.73 4.45 227.18RGH48193GRAHAM, BRANDON PO BOX 99 59771 VILLAGE BOULDEVARD MINOR SUBDIVISION 344 LOT 2 VILLAGE DOWNTOWN SUB LOT 101 155.85 3.12 158.97RGG29136GRALLA, DANIEL S GRALLA DESCENDANTS TRST 26 SHERIDAN AVE 59718 CASCADE SUBDIVISION PHASE I LOT 25 557.63 11.15 568.78RGG54365GRAM, TIMOTHY T & SARA R PO BOX 10391 59719 VALLEY WEST SUBDIVISION PH3A LOT161 353.39 7.07 360.46RGG68522GRAVATT, COLIN & JESSICA 4134 ANNIE ST 59718 FLANDERS MILL SUBDIVISION PH 1 LOT 12 BLOCK 3 9220 SQ FT PLUS OPEN SPACE 340.31 6.81 347.12RGG55187GRAVES-KEMPTON, BARBARA J PO BOX 11716 59719 FLANDERS CREEK SUB LT 7A BLK 4 PLUS COMMON OPEN SPACE 180.68 3.61 184.29RGG32434GRAY, TIMOTHY L & ETHEL L 313 POWDER RIVER 59718 VALLEY CREEK SUBDIVISION PHASE I LOT 4 BLOCK 4 209.83 4.20 214.03RGG6148GREAT NORTHWEST CONSTRUCTION 1929 BOZEMAN TRAIL RD 59715 N 7TH S 45' OF LOT 4 ALL LOT 5 BLOCK 2 697.08 13.94 711.02RGG52616GREEN, ARNO L 1626 BUCKRAKE AVE 59718 WEST WINDS SUB PUD PH1 LOT10 BLK5 248.32 4.97 253.29RGG52617GREEN, ARNO L 1626 BUCKRAKE AVE 59718 WEST WINDS SUB PUB PH1 LOT11 BLK5 248.32 4.97 253.29RGH24067GREEN, KATALIN 408 BRYANT ST UNIT G 59715 ROCKY CREEK COMMERCIAL CONDO UNIT G INDUSTRIAL PROPERTIES SUB 103.92 2.08 106.00RGG58787GREGORY, MICHAEL R 1124 LONGBOW LN UNIT E 59718 AIDAN I PLACE CONDOS UNIT 1E LAUREL GLEN PH 2 LOT 1 BLK 18 113.35 2.27 115.62RGG31698GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 3 75.35 1.51 76.86RGG31699GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 4 85.95 1.72 87.67RGG31700GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 5 100.72 2.01 102.73RGG31701GREGORY, RONALD 327 S BIG ELK MEADOW RD 59730 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 6 53.83 1.08 54.91RGG65608GRESSWELL, CANDICE & OWEN 242 POND LILY DR 59718 NORTON EAST RANCH SUBD PH 2 LOT 8 BLK 1 220.63 4.41 225.04RGG50905GRIFFIN, BENJAMIN & LAURALEAH 7 SWORDS LN 59105 CATALINA CONDOS UNIT F LAUREL GLEN SUB PH 1 LOT3 BLK 10 150.43 3.01 153.44RGG53728GRIFFIN, DAVID & MARY 6302 13TH ST N 58102 PRAIRIE VIEW CONDOS UNIT 8 957 FORESTGLEN DR UNIT D LAUREL GLEN PH 1 LOTS 8 & 9 109.17 2.18 111.35RGG3048GRINER, HEATHER M GEORGE D BARKLOW 2011 LOMAS DR 59715 GRAFS 2ND LOT 25 498.10 9.96 508.06RGG82298GRIZZLY AVENUE LLC 233 SKIPPER ST 59714 THE LAKES AT VALLEY WEST PH 5A LOT 40 232.41 4.65 237.06RGG50270GROSFIELD, ARIK M 35 TIMBERVIEW CIR 59718 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 1 BLOCK 5 292.67 5.85 298.52RGH6638GROSSENBACHER, SABLE 512 E LAMME ST 59715 ROUSES 1ST LOT 24 BLOCK H 139.48 2.79 142.27RGG50941GROTH, JUSTINE 2728 W MENDENHALL ST 59718 GLENWOOD MEADOWS CONDOS UNIT 2728 192.60 3.85 196.45RGG55907GUETTLER, KEVIN & ELLEN JAMES G BUETTLER 1521 BRIDGER RD 59715 SUNLIGHT CONDOS UNIT 44 YELLOWSTONE PEAKS MOBILE HOME PARK FOR 99 98 CHAMPION 27X40 245.01 4.90 249.91RGG56727GUNNINK, BRETT W & ELAINE K GUNNINK LIVING TRST 3361 S 29TH AVE 59718 MEADOW CREEK SUB PHASE 1 LOT 3 BLK 13 498.10 9.96 508.06RGG83688GUSTAFSON, GENE B & LISA J KENDALL L GUSTAFSON 6729 BLACKWOOD RD 59718 GALLATIN 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RGH3133 HANCOCK, JOHN C & KAREN M 1216 S MONTANA AVE 59715 UNIVERSITY 2 LOT 3 BLOCK 4 247.06 4.94 252.00RGH1797HANGAR #1 LLC PO BOX 1439 81435 SPRINGDELL LOT 14 BLOCK 1 248.40 4.97 253.37RGH1878HANOSEK, BARBARA 1117 S BOZEMAN AVE 59715 UNIV SUB LOT 5 BLOCK 5 263.00 5.26 268.26RGG1751HANSEN, JAMES M 1510 S GRAND AVE 59715 CORCORAN'S REARRANGED LOT 4 BLOCK 3 350.13 7.00 357.13RFG47883HANSEN, JAMES M 3886 EQUESTRIAN LN 59718 BAXTER MEADOWS PHASE I LOT 28 BLOCK 4 108.99 2.18 111.17RFG59458HANSEN, LAURA ANN & ALBERT R GERONA 118 CAYUGA 94112 SOUTH HAMILTON CT CONDOS #4 198.52 3.97 202.49RFH56075HANSEN, MAX A KRISTEN MALLETTE IRR TRUST PO BOX 1031 59725 CREEKWOOD SUBDIVISION LOT 10 315.13 6.30 321.43RGG1335HANSEN, TAYLOR W 1221 S 3RD AVE 59715 CAPITAL HILL LOTS 10-12 BLOCK 33 376.41 7.53 383.94RGG261450HANSON, STEPHANIE 5589 VAUGHN DR 59718 THE LAKES AT VALLEY WEST PH 5A LOT 33 240.53 4.81 245.34RGG45503HARDIN, ELIZABETH M &VINCENT A SLABE 3616 FIELDSTONE DR W 59715 WESTFIELD SOUTH 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RGG51533 HORNER, VANESSA & IRA 3334 W BABCOCK ST UNIT C 59718 FOWLER MEADOWS CONDOS UNIT 3 VAN HORN SUB TRACT A-1 143.56 2.87 146.43RGG49810HOSPODOR, DAVID CLAYTON 852 FORSTGLEN DR UNIT B 59718 852 CONDOS UNIT B LAUREL GLEN PH1 LOT 3 BLK 7 114.17 2.28 116.45RGG50873HOWARD, JOHN W & RHONDA L 4294 COVER ST UNIT A 59718 BRECKEN PLACE CONDOS UNIT 30A 110.87 2.22 113.09RGG56498HOWARD, MARY 2781 TRADE WIND LN 59718 WEST WINDS PH 2A & 2B LOT 2 BLK 4 169.34 3.39 172.73RGG50949HR CONDOS 710 E FRIDLEY ST 59715 HAWKS RIDGE CONDOS UNIT 1731 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS 151.57 3.03 154.60RFG8683HRDC OF DISTRICT IX INC 32 S TRACY AVE 59715 REMAINDER AFTER BAXTER SQUARE PH 1 & 2 IS TAKEN OUT 2.725 ACRES 498.10 9.96 508.06RFG84310HRDC OF DISTRICT IX INC 32 S TRACY AVE 59715 HOOVER WAY TOWNHOMES LOT 7 BLOCK 1 BUILDING 6 101.46 2.03 103.49RGG1886HUGHES, SHANNON M 1222 N 8TH AVE 59715 ROYAL VISTA LOT 15 BLOCK 1 REARRANGED LOTS 3-6 454.97 9.10 464.07RGG50153HUME, JULIE K & 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RGG69619 KALE, MARK & LAURA B 3625 TSCHACHE LN 59718 CROSSINGS 2 AT BAXTER MEADOWS PH 4F LOT 13 BLOCK 10 8156 SF PLUS OPEN SPACE 383.48 7.67 391.15RGG1637KAPPA SIGMA BLDG ASSOC C/O ERIN JOHNSON PO BOX 1207 59771 CAPITAL HILL LOTS 13-16 BLOCK 30 598.05 11.96 610.01RGG1638KAPPA SIGMA BLDG ASSOC C/O ERIN JOHNSON PO BOX 1207 59771 CAPITAL HILL LOTS 17-18 BLOCK 30 299.03 5.98 305.01RGG50798KARL, MICHAEL S 1166 SPRINGBROOK AVE 59718 HARVEST CREEK SUBDIVISION PHASE 10 LOT 8 BLOCK 28 286.95 5.74 292.69RGG45973KARNS, JENNIFER A JENNIFER A KARNS REV TRUST 3145 MALLARD RD 83001 NORTH MEADOWS SUBDIVISION PHASE 1 AMENDED LOT 3A MEADOW VISTA CONDOS UNIT 2-C 91.42 1.83 93.25RGG58101KARSKY, SUE 3871 POTOSI ST 59718 OAK SPRINGS SUBD PHA 3 BLK 8 LOT 4 185.44 3.71 189.15RGG54746KB REAL PROPERTY HOLDINGS LLC 577 BLACK BULL TRL 59718 ALDER CREEK SUBDIVISON PH 3 LOT 3 BLK 13 PLUS OPEN SPACE 403.65 8.07 411.72RGH3696KB REAL PROPERTY HOLDINGS LLC 577 BLACK BULL TRL 59718 IMES LOTS 19-20 BLOCK 48 214.19 4.28 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RFG84319 LAMB, BRIAN 2791 GEORGIA MARIE LN 59718 HOOVER WAY TOWNHOMES LOT 3 BLOCK 3 BUILDING 4 132.83 2.66 135.49RGG60252LAMOUR, BARBARA 1188 N FERGUSON AVE 59718 DIAMOND ESTATES SUBD 2 PH 2 BLK 2 LOT 7 PLUS OPEN SPACE 391.07 7.82 398.89RGG4977LANDON, LAURA J &MATTHEW K MORRIS 418 W LAMME ST 59715 TRACYS 2 E 1/2 LOT 23, ALL LOT 24 BLOCK D 195.26 3.91 199.17RGH6153LANDSGAARD, PAUL & PAM 1627 W MAIN ST #260 59715 NP TRACTS 1 & 2 IN NE4NW4 SURVEY 7P38 & ABANDONED MENARD LINE ADJCNT 657.35 13.15 670.50RGH4659LANEY, VIRGINIA MCQUEEN 104 W GARFIELD ST 59715 BUTTE LOTS 1-2 BLOCK 15 224.15 4.48 228.63RGH51351LANGNER, MCKENZIE C.T.& MATTHEW D TREINEN 30 OASIS TRAIL 59715 EAST END COMMERCIAL WAREHOUSE CONDOS UNIT 32D LOT 4 OF MINOR 41 AND LOT 3A1 26.74 0.53 27.27RGG47244LANIER, KYLE 3040 ROSE ST 59718 HARVEST CREEK PHASE 6 LOT 18 BLOCK 16 387.09 7.74 394.83RGH22603LANIER, WILLIAM THOMAS 421 BONNER LN 59715 TR IN SE 1/4 7 2S 6E COS 381 LOT 8 ICE POND TOWNHOUSES 53.14 1.06 54.20RGG49051LANNON, 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VALLEY WEST SUBDIVISION PH 3D LOT 133 183.02 3.66 186.68RGG59855LAUREN E STEPHENS TRUST 3130 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 33 133.55 2.67 136.22RGH6498LAWRENCE, SARAH JUDITH &PATRICK GLENN LAWRENCE 1590 SOUTH ST 05472 NEW HYALITE LOT 15 BLOCK 16 231.40 4.63 236.03RGH5830LAWSON, CAMERON PO BOX 1091 59771 BUTTE LOTS 7-9 BLOCK 5 444.50 8.89 453.39RGG2474LAWSON, SCOTT E & LORI GOSS SCOTT E & LORI G LAWSON REV TR 405 W CLEVELAND ST 59715 CAP HILL LOTS 7-10 BLOCK 15 575.71 11.51 587.22RGG29063LAXSON, WILLIAM WALLACE 162 CHOUTEAU AVE 59718 BRIDGER PEAKS ESTATES PH 2A LOT 14 BLOCK 18 369.14 7.38 376.52RGG55769LEACH, AUSTIN M 450 COUGAR DR 59718 BRECKEN PLACE CONDOS UNIT 32B 102.93 2.06 104.99RGH3566LEACHMAN, H LOGAN & JAMIE 11330 BRIDGER CANYON RD 59715 GUYS 1ST EAST 62 1/2 OF SOUTH 99 1/2 OF 1/2 ACRE LOT 1 TRACT H 281.17 5.62 286.79RGH5220LEACHMAN, H LOGAN & JAMIE 11330 BRIDGER CANYON RD 59715 GUYS 1ST EAST 62 1/2 OF NORTH 50 1/2 OF 1/2 ACRE LOT 1 TRACT R 104.80 2.10 106.90RGH5297LEE, FLOYD DENMAN & ILSE MARI 1021 S BLACK AVE 59715 SPRINGDELL ADD TR SE COR 8 &9 LESS TR IN SW COR & LOT 10 BLK 2 & ABAND CM ST P & P RR 554.75 11.10 565.85RFG59264LEE, KRISTI NICHOLE 3331 N 27TH AVE UNIT 10 59718 CAPSTONE CONDOS UNIT 10 BLDG 3331 N 27TH CATTAIL CREEK PH3 LOTS 5 & B 121.12 2.42 123.54RGG46012LEFT HANDED LUCK LLC 3825 VALLEY COMMONS DR UNIT 4 59718 VALLEY PROFESSIONAL CENTER CONDO UNIT 4 BUILDING 1 VALLEY COMMONS BUSINESS PARK 91.02 1.82 92.84RGG47193LEONARDSON, MELISSA 1351 N 450 E 84097 DURSTON MEADOWS CONDOS UNIT 2 DURSTON MEADOWS PHASE 6 & 7 LOT 9 BLOCK 8 193.53 3.87 197.40RGG56691LETMAN, MARK D & EILEEN X CHANG 610 DELL PL UNIT 12 59715 MEADOW CREEK SUB PHASE 1 LOT 23 BLK 10 171.52 3.43 174.95RGH4186LEUSCHEN, MYRTLE I MYRTLE I LEUSCHEN REV LVG TRST 1204 S BOZEMAN AVE 59715 UNIV 3 LOT 1 BLOCK 2 298.87 5.98 304.85RGG53735LEWIS, MADELINE & DENNIS 5485 GLENELLEN DR UNIT 2 59718 RED TAIL MEADOWS CNDS UNIT 2 LAUREL GELN PH1 LOT 1 BLK 18 140.39 2.81 143.20RGG27001LI, XIANGMEI 2201 MAPLEWOOD ST 59718 BRENTWOOD SUBDIVISION PHASE II LOT 3A BLOCK 6 273.23 5.46 278.69RGG83493LICHMAN, JOHN & KIM 322 BEACON CIR 16827 LAKES SUBD, PHASE 6 LOT 2 250.65 5.01 255.66RGH6619LIEDBERG, KURA PARSLEY ANDREW M 432 N WILLSON AVE 59715 BEALLS 3RD LOTS 35-36 & 8'EAST SIDE OF WILLSON AVE ON WEST END OF LOTS 35-36 BLOCK 2 245.73 4.91 250.64RGG41640LIFETIME ADVENTURES LLC 620 N 7TH AVE 59715 N 7TH LOTS 8-9 834.90 16.70 851.60RGG70851LINDBERG, ROBERT E & DANIELLE 102 GOLDCREST LN 59718 NORTON EAST RANCH SUB PH 3B LOT 6 BLOCK 7 PLUS OPEN SPACE 195.63 3.91 199.54RGH1701LINDSAY, GREGORY 1 ROLLING RIDGE RD APT D 07645 NP E12.5' OF LOT 4, ALL LOT 5 BLOCK 32 178.39 3.57 181.96RGG2894LINGLE, TRICIA 820 PRINCE ST 59801 ROYAL VISTA LOT 11 BLOCK 3 323.10 6.46 329.56RGG83898LININGER, ELISE PINKERTON 1455 MOUNT ELLIS LN 59715 UNIT 301 SOBO LOFTS CONDOS LOT 1A, BLOCK 3 PARK ADDITION TO BOZEMAN 19.76 0.40 20.16RGG83914LININGER, ELISE PINKERTON 1455 MOUNT ELLIS LN 59715 UNIT 403 SOBO LOFTS CONDOS LOT 1A, BLOCK 3 PARK ADDITION TO BOZEMAN 20.70 0.41 21.11RGG45245LITTLE, JOSEPH 222 KATHRYN CT 59718 BABCOCK MEADOWS SUBDIVISION PHASE 2B LOT 49 363.93 7.28 371.21RGG56965LIU, WEN HUI 1591 TEMPEST CT 59718 FOWLER PLACE SUB LOT 35 BLK 1 236.73 4.73 241.46RGH2308LOETTERLE, LINDA R LOETTERLE FAMILY TRUST 1316 S BLACK AVE 59715 UNIV SUBDIVISION LOT 9 BLOCK 4 265.65 5.31 270.96RGG65749LONARDO,NICHOLAS J & REBECCA A 3466 LEMHI TRAIL DR 59718 THE CROSSING 2 SUBDIVISION LOT 3 BLK 6 447.51 8.95 456.46RGH50703LONE STAR PROP CONS TRUST II 900 NE LOOP 410 STE A107 78209 VILLAGE BLVD MINOR SUB 344 LOT 2 VILLAGE DOWNTOWN SUB LOT 133B 544.35 10.89 555.24RGG56638LONG JR, WALKTER D & VALERIE S 3502 PARKWAY AVE 59718 MEADOW CREEK SUB PHASE 1 LOT 11 BLK 7 447.23 8.94 456.17RGG46895LONGOBARDI, PETER A & SARA R 830 ROGER'S WAY 59718 ANNIE SUBDIVISION PHASE 3A LOT 11 BLOCK 3 273.33 5.47 278.80RGG2046LONSDALE, WHITNEY R &JED B WEINGARTEN 502 N 9TH AVE 59715 B-P REARRANGED LOT 5 BLOCK 3 377.10 7.54 384.64RGH5165LONSDALE, WHITNEY RENN 502 N 9TH AVE 59715 IMES LOTS 1-2 BLOCK 36 166.05 3.32 169.37RFG47882LORENZ, LEANNE 3880 EQUESTRIAN LN 59718 BAXTER MEADOWS PHASE I LOT 27 BLOCK 4 108.99 2.18 111.17RGH1211LORENZ, MARC S & JAMI 1450 CHERRY DR 59715 NEW HYALITE LOT 13 BLOCK 15 302.58 6.05 308.63RGG7988LOTTERMANN, DAGMAR S 5601 BEVERLEYS MILL RD 20137 FOWLER PLACE SUBD LOT 1 BLK 1 207.02 4.14 211.16RFG84040LOTUS RISING LLC 236 SHANDALYN LN 59718 NELSON MEADOWS SUB LOT 11, BLOCK 2 499.43 9.99 509.42RGH3289LOURIE, STEPHANI A 428 N CHURCH AVE 59715 BAB-DAVIS E58' OF N50'TRACT 8 BLOCK 6 79.70 1.59 81.29RGH3288LOURIE, STEPHANI A 428 N CHURCH AVE 59715 BAB-DAVIS W136' OF N50'TRACT 8 BLOCK 6 225.82 4.52 230.34RGG50605LOWE, DIANE B & BURTON WOODROW PO BOX 824 96057 HARVEST CREEK SUBDIVISION PHASE 8 LOT 6 BLOCK 38 322.90 6.46 329.36RGG4185LOZANO, EDGARDO A & ELVIA R 1924 SOURDOUGH RD 59715 GRAFS 2ND LOT 12 42.98 0.86 43.84RGG50969LUNDIN, GREGG T & KRISTIN K 7855 PARKWOOD DR 59808 HAWKS RIDGE CONDOS UNIT 1771 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS 151.57 3.03 154.60RGG59516LYNCH, MARTINA R 810 JARDINE AVE 59718 AMENDED PLAT OF LOTS 9,10 & 11 OAK SPRINGS SUB PH 4 BLK 4 LOT 11A 211.06 4.22 215.28RGG58065LYNDE, ZACHARD CM 4362 BROOKSIDE LN 59718 TRADITIONS SUB PHASE 1 LOT 1B BLK 1 PLUS OPEN SPACE 136.23 2.72 138.95RGG69622LYON, PAYTON 3695 TSCHACHE LN 59718 CROSSINGS 2 AT BAXTER MEADOWS PH 4F LOT 10 BLOCK 10 14603 SF PLUS OPEN SPACE 506.03 10.12 516.15RGG3408MACK, TYLER A 503 N 18TH AVE 59715 GRAF'S 1ST REARRANGED LOT 29 BLOCK A KIRK'S 2ND BLOCK 6 284.89 5.70 290.59RGH53878MACKIN, WILLIAM W & JILL R HENDRICKS 2224 SOURDOUGH RD 59715 SOURDOUGH VILLAGE CONDOS UNIT 6 391.90 7.84 399.74RGG44399MACLEAN, CATHERINE ANNE 4050 W BABCOCK ST APT 33 59718 MINOR SUBDIVISION 261 LOT 1 BLOCK 3 ASPEN PLACE CONDOS PHASE 4 UNIT 33 197.39 3.95 201.34RGG62473MADSON, KIMBERLY CHRISTOPHER L TRUJILLO 1495 BLUE SKY WAY #9-101 80516 VLAANDEREN CONDOS UNIT D BLDG 3 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RGG49925 MAIER, DREW 731 N 15TH AVE 59715 WALTON HOMESTEAD SUBDIVISION PHASE 1 LOT 9 BLOCK 1 188.10 3.76 191.86RGG56528MAIERLE, MARK & TIFFANY 724 MILESTONE DR 59714 WEST WINDS PH 2A & 2B LOT 9A BLK 6 121.93 2.44 124.37RGG34594MAIERLE, MARK J 724 MILESTONE DR 59714 GREENWAY SUB LOT 4A BLOCK 3 161.78 3.24 165.02RGH3098MAILEY, DALE & JODI LYNN 1300 STONEGATE DR 59715 MAYS TRACT TRACT 2 1,446.46 28.93 1,475.39RGG65951MAIN, SHARA LEE MARIE CHRISTOPHER PAUL SMITH 2047 DENNISON LN 59718 SOUTHBRIDGE SUBDIVISON PH 2 LOT 5 BLK 3 294.23 5.88 300.11RFG29541MAKS INVESTMENTS 1635 REEVES RD EAST 59718 WALKER PROPERTY SUBDIVISION LOT 2 BLOCK 5 4,060.24 81.20 4,141.44RGG83555MALCONIAN, DANIEL R 2420 TSCHACHE LN UNIT 101 59718 CENTRE PARK FLATS CONDO BLDG 1 UNIT 101 STONERIDGE SQUARE SUB LOT 9 123.37 2.47 125.84RGG65753MALMBERG, JOYCE R & ELSA R 3354 LEMHI TRAIL DR 59718 THE CROSSING 2 SUBDIVISION LOT 7 BLK 6 496.63 9.93 506.56RGH4974MANRY, VANESSA R 1207 HOLLY DR 59715 NEW HYALITE LOT 10 BLOCK 1 249.06 4.98 254.04RGH3093MANTHEY, CHRIS 624 N MONTANA AVE 59715 IMES LOTS 24-26 BLOCK 43 348.69 6.97 355.66RGH5954MARBAR HOLDINGS LLC 4163 PALISADE DR 59718 UNIV SUB 10' LESS N22' LOT 10 BLOCK 5 424.58 8.49 433.07RGG4513MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 PARK LOTS 7-8 BLOCK 43 232.45 4.65 237.10RGH3529MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 NORMANDY LOT 4 BLOCK 13 474.57 9.49 484.06RGG33050MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 VALLEY CREEK SUBDIVISION PHASE II LOT 2B BLOCK 8 123.28 2.47 125.75RGG61290MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 CRYSTAL MORNING CONDOS #859B TRADITIONS SUB PHASE 1 LOT 7 BLK 8 180.52 3.61 184.13RGG44471MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 PARKWAY PLAZA SUB PARKWAY CONDOS UNIT 32 BLDG C LOT 1 BLOCK 3 65.57 1.31 66.88RGG44475MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 PARKWAY PLAZA SUB PARKWAY CONDOS UNIT 36 BLDG C LOT 1 BLOCK 3 65.57 1.31 66.88RFG51458MARCHESI, PAOLO 1627 W MAIN ST PMB 187 59715 RED LEAF CONDO BLDG E UNIT 19 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CAROL A 944 FORESTGLEN DR 59718 LAUREL GLEN SUBDIVISION PHASE 1 LOT 3 BLOCK 3 355.67 7.11 362.78RGG5676MARTINDALE, LORI J 200 LOWER SCHOOL RD 59714 GRAF'S 3RD REARRANGED LOT 18 BLOCK B KIRK'S 2ND BLOCK 6 352.25 7.05 359.30RGG5741MARTINDALE, LORI J 200 LOWER SCHOOL RD 59714 GRAF'S 1ST REARRANGED LOT 7 BLOCK A KIRK'S 2ND BLOCK 6 240.82 4.82 245.64RGG67401MASTANDREA, EVA 304 S CALIFORNIA ST 59725 PARTRIDGE DOWNS SUBD PHASE 1A LOT 14 BLOCK 1 6156 SF PLUS OPEN SPACE 219.70 4.39 224.09RFH40746MATTISON V, GEORGE AUGUSTUS MARY ELLEN MATTISON 3120 AUGUSTA DR 59715 BRIDGER CREEK SUBDIVISION PHASE II LOT 38 398.55 7.97 406.52RGG50801MATZINGER, KELLIE A 1148 DURHAM AVE 59718 HARVEST CREEK SUBDIVISION PHASE 10 LOT 24 BLOCK 22 281.31 5.63 286.94RGH6470MAURER, JACQUELINE MARIE 1212 S CEDARVIEW DR 59715 NEW HYALITE LOT 12 BLOCK 8 231.99 4.64 236.63RGH5693MAXWELL, JULIE 314 E COTTONWOOD ST 59715 IMES LOTS 4-6 BLOCK 43 348.69 6.97 355.66RFG53957MAY, JARED 2920 WARBLER WAY UNIT 2 59718 OBSIDIAN CREEK CONDO UNIT 2 CATTAIL CREEK SUBDIVISION PHASE 1 LOT 2 BLOCK 5 116.07 2.32 118.39RGH2001MAYER, MARK M & JULIANNE M 309 PERKINS PL 59715 PERKINS & STONE ADD LOT 1 BLOCK 1 COS 1687 498.10 9.96 508.06RGH1769MAZER, JAMES & CHRISTIANE DRAEGER 118 HERITAGE DR 59715 WOODRIDGE LOT 11 492.12 9.84 501.96RFG66921MCALLISTER, TERRY ROBERT 2937 WARBLER WAY UNIT F 59718 CATTAIL CREEK SUB PH 1 LOT 4, BLK 8 THATCH WOOD CONDOS UNIT 2937F 143.51 2.87 146.38RGG4454MCBRIDE, SCOTT & KAYLIE 2506 WESTRIDGE DR 59715 FIGGINS LOT 10 BLOCK 8 298.60 5.97 304.57RGG54525MCCALLEY, VLADIMIRA K 2137 DURSTON RD UNIT 27 59718 VERANDA PARK CONDOS BLDG 4 UNIT 27 ANNIE PH1 LOTS 1 & 2 BLK 13 80.37 1.61 81.98RGH5170MCCALLUM, WILLIAM& MARIAH &MATHEW 406 BOGERT PL 59715 PARKSIDE LOT 10 & W 31 1/2' OF LOT 11A 298.87 5.98 304.85RGH28158MCCARTY, JOSEPH C & PRISCILLA S WISNER 6945 E NUTHATCH TRL 85750 WESTRIDGE MEADOWS #5 MINOR SUB #83 LOT 2A MEADOWS SOUTH CONDOES UNIT 2 356.38 7.13 363.51RGG32280MCCRACKEN, CLAYTON H AND JANE 2914 GLENWOOD LANE 59102 BRIDGER COMMONS CONDOS UNIT A NORTH 7TH ADDITION LOT B BLOCK 1 OF AMENDED PLAT OF 100.10 2.00 102.10RGG81494MCCRANE, JHESSICA KATHLEEN ZACHARY DANIEL MCCRANE 1991 RYUN SUN WAY 59718 FLANDERS MILL SUBDIVISION PH 6 LOT 2 BLK 22 PLUS OPEN SPACE 518.94 10.38 529.32RGG58524MCCULLOUGH, ASHLEY 2420 ATSIHA LN 59715 VALLEY WEST SUBDIVISION PH 3D LOT 24B OF AMENDED PLAT 193.22 3.86 197.08RFG48964MCCULLOUGH, ASHLEY 3173 FOXTAIL ST 59718 FOXTAIL STREET SUBDIVISION LOT 6-A BLK 14 WAS CATTAIL CREEK PH 2A & 2B 345.78 6.92 352.70RGG1666MCDONALD LAND HOLDINGS LLC PO BOX 19 59057 LECLAIR SUBDIVISION LOT 11 498.10 9.96 508.06RGH4630MCDOWELL, JAMES & STEPHANIE 1320 CHERRY DR 59715 NEW HYALITE LOT 32 BLOCK 15 298.87 5.98 304.85RFH83359MCGLYNN, MARK DANIEL PATRICIA A SEITZ 2405 BIRDIE DR UNIT A 59715 THE LINKS CONDO UNIT 2405A BRIDGER CREEK PH 1 LOT 57A-1 277.61 5.55 283.16RGG5838MCGREGOR, MARCY & JOHN 8119 S LAKE SHORT DR 49740 PARK EAST 1/2 OF LOTS 12-17 BLOCK 2 373.57 7.47 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PERKINS & STONE ADD LOT 12 BLOCK 1 LESS HWRW 244.94 4.90 249.84RGG60290MCMANNIS, BRITTON R & CHELSEA 3576 LOLO WAY 59718 BAXTER MEADOWS SUBD PH 4A BLOCK 3 LOT 6 166.05 3.32 169.37RGG55327MCMILIN, ROSS A 3965 BOSAL ST 59718 VALLEY WEST SUB PHASE 3C LOT 102 326.67 6.53 333.20RGG31619MCMILLAN, CATHERINE E 3911 SPRUCE MEADOW DR 59718 SPRUCE MEADOWS ESTATES UNIT 19 VALLEY UNIT LOTS 1-3 &LOTS 8-10 BLOCK 14 253.22 5.06 258.28RGG56509MCMINDES, KEVIN M 1578 HUNTERS WAY 59718 WEST WINDS PH 2A & 2B LOT 3B BLK 5 121.93 2.44 124.37RFH66333MCNAMEE, PATRICK & BRITTANY 2610 GOLDENROD LN 59718 LEGENDS @ BRIDGER CREEK 2 PH 2 LOT 41 279.57 5.59 285.16RGG42453MCNAMEE, PATRICK & BRITTANY 2610 GOLDENROD LN 59718 DURSTON MEADOWS SUBDIVISION PHASE 6 & 7 LOT 4 BLOCK 7 200.04 4.00 204.04RGG82318MCNEW, KEVIN P & SUSAN H 73 SNOW CREEK DR 59718 THE LAKES AT VALLEY WEST PH 5A LOT 60 305.35 6.11 311.46RGG83568MCPHAIL, SHAY 30 E HARMONT DR 85020 CENTRE PARK FLATS CONDO BLDG 1 UNIT 302 STONERIDGE SQUARE SUB LOT 9 123.37 2.47 125.84RGG82306MCPHERSON, AUSTIN 5437 VAUGHN DR 59718 THE LAKES AT VALLEY WEST PH 5A LOT 48 239.28 4.79 244.07RGH24204MCPHERSON, TAMRA J 719 S CHURCH AVE UNIT 14 59715 TRACTS A & B COS 666 TRACT IN SE 1/4 SECTION 7 NE 1/4 18 2 S 6 E 112.11 2.24 114.35RGH3161MCSPADDEN, MARIE & TREVER 116 E STORY ST 59715 HOFFMANS ALL LOT 1 & EAST 16 FEET LOT 2 BLOCK B 382.09 7.64 389.73RFG66911MCWALTER, BRANDI W 2933 WARBLER WAY UNIT B 59718 CATTAIL CREEK SUB PH 1 LOT 4, BLK 8 THATCH WOOD CONDOS UNIT 2933B 141.98 2.84 144.82RGG9205MEADOW CREEK PARTNERS LLC C/O LANCE LERNER 1627 W MAIN ST #232 59715 COS 2286 LESS MEADOW CREEK SUB PH 1 REMAINDER TRACT 498.10 9.96 508.06RGG2149MEADOW VISTA LLC 407 GOLDEN VALLEY DR 59718 KIRKS 1ST LOT 11-A BLOCK 3 REARRANGED LOTS 10-14 398.98 7.98 406.96RGG32419MEADOW VISTA LLC 407 GOLDEN VALLEY DR 59718 VALLEY CREEK SUBDIVISION PHASE I LOT 2 BLOCK 3 246.58 4.93 251.51RGG6695MEADOW VISTA LLC 407 GOLDEN VALLEY DR 59718 KIRKS 4TH LOT 1 BLOCK 2 355.05 7.10 362.15RGH4967MEDIA STATION INC 627 E PEACH ST 59715 NP LOTS 17-21 BLOCK 106 589.42 11.79 601.21RFG44018MEGASPACE3202 E FOOTHILLS BLVD 91107 GALLATIN PARK SUBDIVISION LOT 1 BLOCK 2 PLUS OPEN SPACE 3,682.09 73.64 3,755.73RGG50778MEHMOOD, SAJID & ERFINA KHAN 1115 HARMON WAY 59715 HARVEST CREEK SUBDIVISION PHASE 10 LOT 3 BLOCK 26 280.07 5.60 285.67RGH25779MELTON, MARGARET MARIE 17 HOFFMAN DR 59715 THOMPSONS 4TH BLOCK 4 PHASE 4 WOODBROOK TOWNHOUSE UNIT 21 138.67 2.77 141.44RGG58007MENTER, DANIELLE 739 ROSA WAY UNIT A 59718 CRYSTAL MORNING CONDOS #739A TRADITIONS SUB PHASE 1 LOT 2 BLK 8 180.52 3.61 184.13
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RGG40961 NIKOLAKAKOS, GEORGE P,MELISSA MICHAEL 47 GRANITE HILL LN 59405 NORTH MEADOWS SUBDIVISION PHASE I LOT 1 BLOCK 3 555.65 11.11 566.76RGG56698NOELLE, BARBARA 402 N CHURCH AVE 59715 MEADOW CREEK SUB PHASE 1 LOT 4 BLK 11 428.97 8.58 437.55RGG5136NORMAN HOLDINGS LLC PO BOX 3086 59771 STORYS LOTS 22-26 30 X 130'EAST OF LOT 26 BLOCK F 777.03 15.54 792.57RGG2318NORSTRAND, ALLAN S 511 S 15TH AVE UNIT A 59715 KELLERTON SUBDIVISION LOT 3 ROSEBROOK CONDO #A 103.32 2.07 105.39RGG6104NORSTRAND, H PETER 902 W BABCOCK ST 59715 WEST PARK LOTS 1-3 BLOCK 5 336.22 6.72 342.94NBLKRWOPENNORTH BLACK ROW HOA C/O KATIE MILLER 301 N BLACK AVE 59715 NORTH BLACK ROW SUBDIVISION LOT F BLOCK D-COMMON AREA 95.51 1.91 97.42RGH2339NORTON, GINGER E 1315 S ROUSE AVE 59715 UNIVERSITY 2 LOT 20 BLOCK 4 265.65 5.31 270.96RGG50276NOURSE, DARYL PO BOX 1598 59771 WALTON HOMESTEAD SUBDIVISION PHASE II LOT 7 BLOCK 5 150.02 3.00 153.02RFG61522NOVAK, BEVERLY JEANNE& BRIAN L 2130 HOOPES AVE 83404 CATTAIL CREEK SUB PHASE 2B 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RGH21449 POMEGRANATE LLC 3919 RAIN ROPER DR 59718 NP SOUTH 75' LOTS 1-5 BLOCK 106 LOT 2 311.32 6.23 317.55RGH44432PONY CREEK PARTNERS LLC 108 S MAIN 59047 STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL CONDOS 2 276.60 5.53 282.13RGG51637POTTER, MATTHEW VINCENT PO BOX 11029 83002 WEST MEADOWS SUB PH3 LOT129 258.23 5.16 263.39RGG53413POULSON, KIRA 4225 COMANCHE DR 82072 CHARLES PLACE CONDOS UNIT 7A LAUREL GLEN PH1 LOT 1 BLK 6 89.77 1.80 91.57RGG6529POWELL-PALM, NATHANIEL 1219 W KOCH ST 59715 WERRE'S REARR S110' LOT 25 BLOCK 7 303.18 6.06 309.24RGH49246PRAGER, DENIS J & BARBARA M PRAGER LIVING TRST PO BOX 149 59108 JACOB'S CROSSING RESIDENTIAL UNIT E ROUSE'S 1ST LOTS 6-14 123.78 2.48 126.26RGG40975PRAIRIE PREDATOR LLC 3010 W VILLARD ST UNIT A 59718 MORGAN CREEK CONDOS NORTH MEADOWS SUBDIVISION LOT 6 BLOCK 4 PHASE 1 #1A 76.26 1.53 77.79RGG63525PRAVETZ, JOSEPH W 235 WATER LILY DR 59718 NORTON EAST RANCH SUBD PH1 BLK 4 LOT 8 235.27 4.71 239.98RGG41568PRECHTER, EDWARD C & 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MERIWETHER 28 LLC A RUSSELL & B HOSNER 7003 JACKSON CREEK RD 59715 VALLEY MEADOWS SUBDIVISION BLOCK 1 LOT 3A 117.03 2.34 119.37
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Delinquent Certification 120921
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RGG69921 RH MERIWETHER 28 LLC A RUSSELL & B HOSNER 7003 JACKSON CREEK RD 59715 VALLEY MEADOWS SUBDIVISION BLOCK 1 LOT 2B 120.68 2.41 123.09RGG69920RH MERIWETHER 28 LLC A RUSSELL & B HOSNER 7003 JACKSON CREEK RD 59715 VALLEY MEADOWS SUBDIVISION BLOCK 1 LOT 2A 120.88 2.42 123.30RGG69919RH MERIWETHER 28 LLC A RUSSELL & B HOSNER 7003 JACKSON CREEK RD 59715 VALLEY MEADOWS SUBDIVISION BLOCK 1 LOT 1B 121.04 2.42 123.46RGG69918RH MERIWETHER 28 LLC A RUSSELL & B HOSNER 7003 JACKSON CREEK RD 59715 VALLEY MEADOWS SUBDIVISION BLOCK 1 LOT 1A 201.21 4.02 205.23RFH47191RICE JR, GEORGE E & GENE NAN 2416 PAR CT UNIT C 59715 BRIDGER FOURPLEX CONDO UNIT C BRIDGER CREEK SUBDIVISION PHASE I LOT 44 220.60 4.41 225.01RGG59528RICE, JORDAN L 2318 HIGHWOOD DR 59803 OAK SPRINGS SUBD PH 4 BLK 3 LOT 5 185.44 3.71 189.15RGH3274RICHARDSON, SCOTT & SALLY 2B GALLATIN DR 59718 IMES LOTS 3-4 BLOCK 31 264.82 5.30 270.12RGH63275RICHARDSON,SHARON LUCILLE 3300 GRAF ST UNIT 80 59715 SOUTH MEADOWS CONDOS UNIT 80 306.70 6.13 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UNIT C CATTAIL CREEK LOT 4 BLOCK 7 175.73 3.51 179.24RGG83893SAYER, JOSEPH P AMI RUSSELL SAYER 1674 RYUN SUN WAY 59718 UNIT 210 SOBO LOFT CONDOS LOT 1A, BLOCK 3 PARK ADDITION TO BOZEMAN 20.70 0.41 21.11RGH60063SAYRE, SHAY & DENNIS ABBEY 1449 KENYON DR 59715 THE KNOLLS AT HILLCREST BLOCK 1 LOT 12 199.24 3.98 203.22RGG6383SCAMMELL, DAVID & CYNTHIA 523 S 7TH AVE 59715 PARK LOTS 18-19 BLOCK 33 207.55 4.15 211.70RGG33048SCARRAH, PATRICIA R 302 GOLDEN VALLEY DR 59718 VALLEY CREEK SUBDIVISION PHASE II LOT 1B BLOCK 8 124.12 2.48 126.60RGG45128SCHAEFFER, BRYAN & ANNE 3042 TESLOW DR 59715 ALLISON SUBDIVISION PHASE 2 LOT 3 BLOCK 2 340.83 6.82 347.65RGG23412SCHAERRER, FRANCESCA STEPHANIA 505 FIELDSTONE DR 59715 WESTFIELD SUB LOT 7 BLOCK 1 328.75 6.58 335.33RGG31697SCHAFER, DAVID & BROOKE 4754 MEADOW LN 59715 TRIANGLE AREA ANNEX COS 1352 TRACT 1 SUNDANCE CONDOS UNIT 2 59.88 1.20 61.08RGH6557SCHAFER, WILLIAM CURTIS 1902 S TRACY AVE 59715 THOMPSONS 3 LOT 12 BLOCK 1 498.10 9.96 508.06RFG51079SCHAPER, TODD & BETH 6811 ALISHA DR 59803 PELICAN CONDOS UNIT D CATTAIL CREEK PH 1 LOT 1 BLK 6 131.37 2.63 134.00RGG66727SCHAUFLER, KELSEY 2925 WESTWIND WAY 59718 WEST WINDS SUBDIVISION PH 6 BLK 8 LOT 6 7,122 SQ FT PLUS OPEN SPACE 276.04 5.52 281.56RGG56193SCHEAFER, VALERIE J 2352 W BEALL ST UNIT 1 59718 LESSLEY ESTATES CONDOS UNIT 34 2352 W BEALL ST UNIT 1 COS 1855A TRACT 2A-LESSLEY 244.38 4.89 249.27RGH4284SCHENCK, PATRICK O & REBECCA L 915 S TRACY AVE 59715 BUTTE LOTS 8-10 BLOCK 7, ALL LOT 7 EXCEPT WEST 54' &NORTH 9' BLOCK 7 424.58 8.49 433.07RGH65934SCHILP, ROBERT J & JENNIFER A 6815 CRESTWAY 48301 LINDLEY PARK PLACE CONDO #308 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY 61.27 1.23 62.50RGH1131SCHIPF, JAMES R &415 N GRAND AVE 59715 BEALLS 3RD LOTS 13-14 BLOCK 7 222.49 4.45 226.94RGH2169SCHLENKER, LEO C 1307 S BOZEMAN AVE 59715 UNIV SUB LOT 18 BLOCK 4 265.65 5.31 270.96RGG2363SCHMIDT, MARIE A TRUST 12507 GREENWOOD AVE N APT A407 98133 STORYS ALL LOT 40, 20'WESTSIDE OF LOT 41 BLOCK E 215.85 4.32 220.17RGG81694SCHMITTENBERG, MARC 316 16TH ST #9 92648 NORTHBOUND CONDO UNIT 611-102/202 MCCHESNEY IND PARK LOT 16 108.83 2.18 111.01RGG40233SCHMITZ, WILLIAM E PO BOX 601 59741 DURSTON MEADOWS SUB PH I LOT 5 BLOCK 1 228.55 4.57 233.12RGG58802SCHMITZ, WILLIAM E & WILLIAM R 100 W MADISON AVE 59714 AIDAN I PLACE CONDOS UNIT 3D LAUREL GLEN PH 2 LOT 1 BLK 18 BLDG 3 113.35 2.27 115.62RGG47706SCHMITZ, WILLIAM E & WILLIAM R 100 W MADISON AVE 59714 MADISON PLACE CONDO UNIT 59 NORTH MEADOWS SUBDIVISION LOT 5 BLOCK 1 112.70 2.25 114.95RGG50825SCHNEE, ERICA 3143 CATERPILLAR ST 59718 HARVEST CREEK SUBDIVISION PHASE 11 LOT 6 BLOCK 24 276.15 5.52 281.67RGH5988SCHNEIDER, JOSEPH &317 S BOZEMAN AVE 59715 BLACKS 1 ACRE LOT 2 & FRACT LOT 17 LINDLEY & GUYS ADDITION 160.09 3.20 163.29RGG50791SCHON, ERIC M & JAIME L 4412 BEMBRICK ST 59718 HARVEST CREEK SUBDIVISION PHASE 10 LOT 1 BLOCK 28 275.23 5.50 280.73
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RGG5262 SCHRIER, AARON 1010 W BABCOCK ST 59715 WEST PARK LOTS 4-5 BLOCK 6 225.82 4.52 230.34RGH2533SCHRIER, AARON & HENRY BRENDAN 1010 W BABCOCK ST 59715 NEW HYALITE LOT 1 BLOCK 16 439.92 8.80 448.72RGH22564SCHRIOCK, STEPHANIE ANN 3225 VALLEY DR 22302 BAXTER CONDO UNIT 3A TRACYS 1ST LOTS 1-3 &E 18' LOT 4 BLOCK B 56.75 1.14 57.89RGH4912SCHUBERT, JENNIFER RAE 1202 N PINECREST DR 59715 NEW HYALITE LOT 9 BLOCK 4 249.06 4.98 254.04RGG81491SCHUELKE PROPERTIES LLC 65 FAIRHAVEN ST 59741 FLANDERS MILL SUBDIVISION PH 6 LOT 3 BLK 18 PLUS OPEN SPACE 466.37 9.33 475.70RGG65756SCHULTE, JACOB H 3391 TSCHACHE LN 59718 THE CROSSING 2 SUBDIVISION LOT 12 BLK 6 447.55 8.95 456.50RGG5703SCHUMACHER, CRAIG A PO BOX 4382 59772 WERRE'S REARRANGED AMENDED LOT 26 BLOCK 7 TRACT B 509.65 10.19 519.84RFH43721SCHUTTER, CARL E 3627 WOODEN SHOE RD 59741 BRIDGER CREEK SUB PHASE III LOT 39 498.10 9.96 508.06RGG5826SCHWAMMLEIN, ALLAN & MARY 1621 DURSTON RD 59715 HOMESITES ANNEX E SIDE OF S 1/2 OF TRACT 5B 538.57 10.77 549.34RFH39597SCHWARTING, KEVIN M 1002 BOYLAN RD STOP J 59715 SADDLE PEAK VILLAGE CONDOS UNIT J BRIDGER CREEK SUB PH I LOT 29 154.48 3.09 157.57RFG47921SCHWARZ, DANIEL WHEELOCK 2287 N FERGUSON AVE 59718 BAXTER MEADOWS PHASE I LOT 5 BLOCK 6 363.20 7.26 370.46RGG50869SCURRY, JOHN & KIMBERLY 418 RYAN DR 59715 VALLEY WEST SUBDIVISION PHASE 2 LOT 26 318.29 6.37 324.66RGG59831SCURRY, KIMBERLY & JOHN P 418 RYAN DR 59715 ALDER CREEK SUBDIVISION PH 4 BLOCK 15 LOT 14 131.28 2.63 133.91RGG50959SEEGER, STEPHEN M & BETH A DALY PO BOX 452 20838 HAWKS RIDGE CONDOS UNIT 1751 KAGY ANNEXATION COS 573 WAS TRACT A UNIVERSITY APARTMENTS 151.57 3.03 154.60RFG50214SEIFERT, DONALD F & CHRISTIN E 2124 GALLATIN GREEN BLVD UNIT 59718 PARK PLACE CONDOS UNIT 4 BAXTER MEADOWS LOTS 1-2 BLOCK 2 159.27 3.19 162.46RFG83934SEIFERT, STACIE F 415 W GEYSER ST 59047 SANDHILL CONDO UNIT 302B BAXTER LANE SUB LOT 5 2720 SARTAIN - BLDG B 55.96 1.12 57.08RGH5450SEITZ, LAURA MICHELLE 708 S 15TH AVE 59715 NORMANDY LOT 11 BLOCK 21 258.03 5.16 263.19RGG2691SEMERAD, ERIC E 508 N 22ND AVE 59718 WEST PARK MANOR LOT 20 BLOCK 3 343.46 6.87 350.33RGG49864SERFONTEIN REAL ESTATE HOLDING 20891 PORTER RANCH RD 92679 LAUREL GLEN SUBDIVISION PHASE 1 LOT 7 BLOCK 12 244.16 4.88 249.04RGG1664SETTERGREN, HANAH, CURTIS &YOUNG MI 2937 MACLEOD ST 59106 LECLAIR SUBDIVISION ASPEN GROVE CONDO #1 LOTS 9 & 10 96.61 1.93 98.54RGG47376SEVEN BAR B LLC 4050 W BABCOCK ST APT 28 59718 PINEWOOD PROFESSIONAL CENTER CONDOS PHASE 9 UNIT 32 BUILDING 9 MINOR 261 151.92 3.04 154.96RFG53065SEVEN BAR B LLC 4050 W BABCOCK ST APT 28 59718 CATTAIL CREEK SUB PH3 LOT4 BLK 21 697.27 13.95 711.22RGG42842SEVEN BAR B LLC 4050 W BABCOCK ST APT 28 59718 OAKWOOD PROFESSIONAL PLAZA CONDO #4 FESTIVAL SQUARE LOT 2 MINOR SUBDIVISION #131 235.14 4.70 239.84RGG42841SEVEN BAR B LLC 4050 W BABCOCK ST APT 28 59718 OAKWOOD PROFESSIONAL PLAZA CONDO #3 FESTIVAL SQUARE LOT 2 MINOR SUBDIVISION #131 235.35 4.71 240.06RGG40457SEYMOUR, MARJORIE A 2400 DURSTON RD UNIT 33 59718 WILLOWBROOK CONDO UNIT 33 COS 1855 TRACT 1 347.34 6.95 354.29RGG55144SHAFFER, MASON J PO BOX 4771 59772 FLANDERS CREEK SUB LOT 6B BLK 7 PLUS COMMON OPEN SPACE 168.21 3.36 171.57RGG51431SHAW, ALAN T & SHARON A 2310 W BEALL ST UNIT 3 59718 LESSLEY ESTATES CONDOS UNIT 6 2310 W BEALL ST UNIT 3 COS 1855A TRACT 2A-LESSLEY 272.34 5.45 277.79RGG54545SHAW, ALAN T & SHARON A 2310 W BEALL ST UNIT 3 59718 VERANDA PARK CONDOS BLDG 5 UNIT 35 ANNIE PH1 LOTS 1 & 2 BLK 13 98.33 1.97 100.30RGG58075SHEPHERD IV, EDWIND R & ELIZABETH & ROBERT SHEPHERD 6290 S MONACO WAY 80111 OAK SPRINGS SUBD PHA 3 BLK 10 LOT 4 115.90 2.32 118.22RGH60467SHERWOOD, ANNE & OTTO POHL 525 S BLACK AVE 59715 HOFFMANS LOTS 11 & 12 BLOCK E 277.28 5.55 282.83RGG3046SHOOTING STAR HILL LLC C/O TOWN & COUNTRY FOODS 1611 S 11TH AVE 59715 TAI LANE LOT 8 TRACT 1 856.56 17.13 873.69RFG53140SHULL, TAYLOR R & DEBRA A 2246 BUCKRAKE AVE 59718 BAXTER SQUARE SUB PUD PH 1 & 2 LOT 15 BLK 1 PLUS 3383 SQ FT OPEN SPACE 500.74 10.01 510.75RGG44911SHUMSKY, KEVIN 4052 BROADWATER ST 59718 BROADWATER COURT SUB PHASE 2 LOT 27 AMEND BLOCK J FERGUSON MEADOWS SUB 199.03 3.98 203.01RGG81704SHURTLEFF, BLAIR 8191 BRIDGER CANYON 59715 NORTHBOUND CONDO UNIT 617-103/203 MCCHESNEY IND PARK LOT 16 108.03 2.16 110.19RGH5009SICKLER, PETER 518 N TRACY AVE 59715 BEALLS 2ND LOT 13 & NORTH 1/2 LOT 14 BLOCK F 417.21 8.34 425.55RGG59784SIKOSKI, PETER J 3115 SPRING RIDGE DR 59715 ALDER CREEK SUBDIVISION PH 4 BLOCK 16 LOT 3 178.17 3.56 181.73RGG69184SINGH, NISHA ZACHARY MCINTOSH 4112 TANZANITE DR 59718 FLANDERS MILL SUBDIVISION PH 2 LOT 13 BLOCK 6 9185 SQ FT PLUS OPEN SPACE 335.39 6.71 342.10RGG49284SKELTON, DONALD 3300 GRAF ST UNIT 26 59715 SOUTH MEADOWS CONDO PHASE 4 UNIT 26 SOUTH MEADOWS MINOR 294 357.35 7.15 364.50RGH2559SKOGLUND, MATTHEW & SARAH 308 N BOZEMAN AVE 59715 BEALLS 1ST TRACT 3 BLOCK 1 233.78 4.68 238.46RGG58821SLOAN, J KEVIN &CHELSEA WESSEL-SLOAN 146 MCGEE DR 59715 AIDAN II PLACE CONDOS UNIT 2H LAUREL GLEN PH 2 LOT 2 BLK 18 BLDG 2 112.84 2.26 115.10RFG52700SLOAN, J KEVIN &CHELSEA WESSEL-SLOAN 146 MCGEE DR 59715 BAXTER MEADOWS PUD PH 2C & 2D LOT 19 BLK 13 120.64 2.41 123.05RGG3075SLOVARP, JEREMIAH R &JULIA N CORY 622 S 12TH AVE 59715 GLENDALE LOTS 13-14, SOUTH 13'OF LOT 15 BLOCK 17 258.79 5.18 263.97RGH5575SMILEY, SHARON L 511 DELL PL 59715 JENSEN'S REARR GUYS 2ND 2A-1 LOT 1, TRACTS 3 & 4 .182 ACRES 263.00 5.26 268.26RGG1480SMITH, BOBBY D 1811 DURSTON RD 59715 MAPLE TERRACE LOT 25 BLOCK A 553.01 11.06 564.07RGG5261SMITH, BOBBY D 1811 DURSTON RD 59715 MAPLE TERRACE LOTS 23-24 BLOCK A PLAT F-24 708.75 14.18 722.93RGG4462SMITH, CAMERON G & JENNIFER S 2705 WESTRIDGE DR 59715 FIGGINS LOT 3 BLOCK 9 418.74 8.37 427.11RGG4923SMITH, ELIZABETH C R TRUSTEE 2770 HIDDEN VALLEY RD 92037 RICHARDS SUBDIVISION LOT 11 BLOCK 2 426.94 8.54 435.48RGG3901SMITH, FARWELL & LINDA PO BOX 1429 59011 PARK LOTS 6-7 BLOCK 29 227.47 4.55 232.02RGG31807SMITH, GREGG R &GERALDINE A GOVAERTS 26 S HUNTERS WAY 59718 WESTGATE LOT 31 318.27 6.37 324.64RFG66287SMITH, GREGORY 4579 KIMBERWICKE ST 59718 THE KNOLL @ BAXTER WEST SUBD LOT 5 BLK 9 339.93 6.80 346.73RGG22660SMITH, JAMES R & JENNIFER C 2514 LANDOE AVE 59718 BEAVERPOND CONDOS UNIT 3 COS 1046 TRACT 1 285.73 5.71 291.44RGG31531SMITH, MARTHA L 717 S 15TH AVE 59715 KELLERTON SUBDIVISION LOTS 10-13 WILLOWCREEK CONDOS UNIT 17 187.95 3.76 191.71RGG34762SMITH, MARY ELLEN C/O NEIL & CO 1184 N 15TH AVE STE 1 59715 WESTFIELD SOUTH SUBDIVISION PHASE I LOT 8 BLOCK 2 498.10 9.96 508.06RGG49552SMITH, RYAN WAYNE & KIRSTEN A 3156 HILLCREST DR 59715 ALDER CREEK SUBDIVISION PHASE 1 LOT 12 BLOCK 5 318.98 6.38 325.36RGG1639SMITH, RYAN WAYNE & KIRSTEN A 3156 HILLCREST DR 59715 CAPITAL HILL LOTS 19-20 BLOCK 30 299.03 5.98 305.01RFG58683SMITH, SAGE N 2430 N FERGUSON AVE 59718 BAXTER MEADOWS SUBD PHASE 6 LOT 6 BLK 15 PLUS OPEN SPACE 207.51 4.15 211.66RGG29057SMITH, TODD & REBECCA 105 MEAGHER AVE 59718 BRIDGER PEAKS ESTATES PHASE 2A LOT 4 BLOCK 18 365.25 7.31 372.56RGH5089SNAVELY, KALE SOPHIE TSAIRIS 1134 CHERRY DR 59715 NEW HYALITE LOT 6 BLOCK 13 298.87 5.98 304.85RGG58222SNH/LTA PROPERTIES TRUST TWO NEWTON PLACE 255 WASHINGTON ST STE 300 02458 WEST WINDS SUB PH 3 AMND PARCEL 1 PLAT J-458A (FORMERLY BLK 2 LOT 1 & 2)707.50 14.15 721.65RFG52671SNOW, JOHN B 2345 N FERGUSON AVE 59718 BAXTER MEADOWS PUD PH 2C & 2D LOT 7 BLK 11 382.01 7.64 389.65RGG81497SNOWCREST BUILDERS INC 3550 MAGENTA RD 59718 FLANDERS MILL SUBDIVISION PH 6 LOT 5 BLK 22 PLUS OPEN SPACE 475.85 9.52 485.37RFG53107SNOWY MOUNTAIN PROPERTIES LLC 2567 WEEPING ROCK LN 59715 BAXTER SQUARE SUB PUD PH 1 & 2 LOT 4 BLK 1 PLUS 1149 SQ FT OPEN SPACE 170.13 3.40 173.53RGG25795SNYDER, ROBERT R & CAROLYN R R R & C R SNYDER REV TRYST 12903 W FLAGSTONE DR 85375 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 35 149.84 3.00 152.84RGG55779SOMEILLAN, JENNIFER PIERRE BERARD 93 DOMINGA AVE 94930 AMENDED PLAT OF LOT 16 BLK 51 OF CAP HILL NOW TRACT B 309.70 6.19 315.89RGH1685SOUCIE, TREVOR & CARALIE 326 S CHURCH AVE 59715 ROUSES 2ND LOTS 11-12 BLOCK E 402.47 8.05 410.52RGH66877SOUSER, CRAIG & SUSAN 1108 S TRACY AVE 59715 BOZEMAN CREEK ANNEXATION TR 11 GREENHOUSE VILLAGE CONDOS UNIT 4 8.98 0.18 9.16RGG6221SOUTH EIGHTH STREET LLC 929 NELSON RD 59718 PARK LOTS 15-17 BLOCK 33 326.26 6.53 332.79RGH2627SOUTH SPRUCE LLC 7781 NEX PERCE DR 59715 NEW HYALITE LOT 4 BLOCK 11 249.06 4.98 254.04RGG2876SOUTH THIRD PROPERTIES LLC 522 S 3RD AVE 59715 PARK SOUTH 17' OF LOT 7,LOTS 8-9 BLOCK 44 289.23 5.78 295.01RGG34584SPANNRING, CRAIG T & SHELLI R 322 N HUNTERS WAY 59718 GREENWAY SUB LOT 4 BLOCK 2 239.72 4.79 244.51RGG67352SPENCER, DAVID J & JESSICA C 3049 ARENDELLE RD 59635 NORTON EAST RANCH SUBDIVISION PHASE 3A LOT 10 BLOCK 4 5,694 SQ FT PLUS OPEN SPACE 194.74 3.89 198.63RGG3643SPINELLI, PAM 8180 ROLLING HILLS DR 59715 PARK LOTS 19-20 BLOCK 48 207.55 4.15 211.70RGG4030SPOTTKE, ALBERT & CATHERINE E 2497 LOCKWOOD DR 55120 WILDWOOD COURT UNIT 2 COS 386B TRACT 1 92.32 1.85 94.17RGH5668SPRINGER, LOWELL & 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RGG45168 STAMSON, NICHOLAS G & CHELLESE 1223 BARLEY AVE 59718 HARVEST CREEK SUBDIVISION PHASE 3 LOT 11 BLOCK 11 220.07 4.40 224.47RGG59202STANTON, STEWART & COLINA 1809 LEAVENWORTH ST 66502 BSC CONDOS UNIT C5 LOT A MINOR #362 PORT TR 2 COS 1256 98.31 1.97 100.28RGG24085STAPERT, SERENA M 2200 W DICKERSON ST #22 59718 SOUTHBROOK CONDO IN UNIV SQ BLOCK 2 & TRIN SE 1/4 11 2S 5E UNIT 22 149.84 3.00 152.84RFG49751STATE OF MONTANA PO BOX 201601 59620 LEWIS & CLARK COMMERCIAL SUBDIVISION LOT 3A BLK 1 GOODWILL THRIFT STORE 4,494.68 89.89 4,584.57RFG49753STATE OF MONTANA PO BOX 201601 59620 LEWIS & CLARK COMMERCIAL SUBDIVISION LOT 3 BLOCK 2 PLUS OPEN SPACE 4,779.21 95.58 4,874.79RFG83138STATE OF MONTANA PO BOX 201601 59620 S36 T01S 05 E TRACT 3 OF LEASE 25.5 ACRES 498.10 9.96 508.06RFG83136STATE OF MONTANA PO BOX 201601 59620 S36 T01S R053 TRACT 1 OF LEASE 22.4 ACRES 498.10 9.96 508.06RFG83139STATE OF MONTANA PO BOX 201601 59620 S36 T01S R053 TRACT 4 OF LEASE 28.8 ACRES 498.10 9.96 508.06RFG83137STATE OF MONTANA PO BOX 201601 59620 S36 T01S R05E TRACT 2 OF LEASE 10.7 ACRES 498.10 9.96 508.06RFG69880STATE OF MONTANA PO BOX 201601 59620 S36 T01S R05E SW4 N OF I-90 1.5 ACRES CELL TOWER 2,169.68 43.39 2,213.07RGH2558STEINER, WADE & MELLISA 819 S BLACK AVE 59715 DUDLEYS LOT 4 BLOCK 1 387.05 7.74 394.79RGH5391STEINHAUER, EDWARD 410 E STORY ST 59715 BONNS LOT 4-PLAT SOUTH OF ROUSES 3RD 485.13 9.70 494.83RGG47243STEINHOFF, GLEN & KERRY S HANSON 3064 ROSE ST 59718 HARVEST CREEK PHASE 6 LOT 19 BLOCK 16 358.36 7.17 365.53RGG66902STEINMETZ, TODD & NICOLE 3760 ELLIS VIEW LOOP 59715 ELLIS VIEW ESTATES SUB LOT 4 ORIGINALLY LOT 4A GOOD MEDICINE WAY ANNEX 581.61 11.63 593.24RGH5295STENZEL, THOMAS E & DENISE 2117 S TRACY AVE 59715 THOMPSONS 3 REARRANGED LOT 12 BLOCK 4 456.10 9.12 465.22RGH1728STENZEL, THOMAS E & DENISE 2117 S TRACY AVE 59715 THOMPSONS 3 REARRANGED LOT 11 BLOCK 4 350.03 7.00 357.03RGG59856STEPHENS, DEBRA & DALIO 3124 S 15TH AVE 59715 ALDER CREEK SUBDIVISION PH 5 BLOCK 15 LOT 34 133.68 2.67 136.35RFG5723STEPHENS, HAROLD TRUST C/O BOZEMAN GLASS PO BOX 624 59771 BRIDGER CENTER LOT 2 BLOCK 3 1.00 0.02 1.02RGG6364STEPHENS, JILL C PO BOX 6507 59771 SPRINGBROOK EAST 100' OF LOTS 1-3 BLOCK 7 301.53 6.03 307.56RGH22669STERNE, LAWRENCE AND DIANA 1 COLUMBUS RD 04107 THOMPSONS 4TH BLOCK 4 PH III WOODBROOK TOWNHOUSE UNIT 46 78.58 1.57 80.15RGG56627STEUDEL, KRISTA 3238 S 26TH AVE 59718 MEADOW CREEK SUBDIVISION PH 1 AMENDED LOTS 8-15 BLK 5 &LOTS 14-18 BLK 9 279.15 5.58 284.73RGG53270STEVENS, JEFFREY & VANESSA 1176 PIN AVE 59718 OAK SPRINGS SUB PH1 LOT17 BLK18 254.90 5.10 260.00RGH4896STEWART, CRESTON E 219 S GRAND AVE 59715 ALDERSON'S S 1/2 LOT 8 ALL LOTS 9-10 BLOCK D 336.22 6.72 342.94RGG56935STICKA, DANIEL J &SANDRA M SANDERS 2405 WOODARD RD APT 133 95124 FOWLER PLACE SUB LOT 4 BLK 1 181.38 3.63 185.01RGG54654STINNETT, WILLIAM 1627 W MAIN ST #336 59715 OAK SPRINGS SUBDIVISION PH2 LOT 18 BLK15 554.80 11.10 565.90RGG55701STOHLMANN, ANDREW P&ELIZABETH LANA M ELINGS 4689 BEMBRICK ST UNIT 3D 59718 BRONZELEAF CONDOS UNIT 3D 4689 BEMBRICK ST COS 985 TRACT 1 101.63 2.03 103.66RGG23217STOKHOF DE JONG, SEBASTIAAN W 844 OLD SANTA FE TRAIL 87505 RICHARDS SUBDIVISION LOT 10 BLOCK 2 OLIVE TREE TOWNHOUSE #5 98.20 1.96 100.16RGG59832STONEBERGER, DENNIS & SHARON 3165 SUMMER VIEW LN 59715 ALDER CREEK SUBDIVISION PH 4 BLOCK 15 LOT 15 131.28 2.63 133.91RGG39771STOPPEL, SCOTT A 3403 LAREDO DR 59718 PARKWAY PLAZA SUBDIVISION LOT 3B BLOCK 6 113.44 2.27 115.71RGG67757STORTI, PAULA 5481 VERMEER LN 59718 THE LAKES AT VALLEY WEST PH 2 LOT 24 3000 SQ FT PLUS OPEN SPACE 170.90 3.42 174.32RGH5096STORY DISTRIBUTING COMPANY PO BOX 1201 59771 NP PORT LOTS 11-18 N OF HW VAC SWITZLER BLOCK 24 PORTION LOTS 1 & 22 BLOCK 25 1,176.53 23.53 1,200.06RGH2872STORY DISTRIBUTING INC PO BOX 1201 59771 NP TRACT B PORTION OF BLOCK 25 PLAT C-23-B 743.84 14.88 758.72RGG6418STORY DISTRIBUTING INC 300 E GRIFFIN DR 59715 SUBDIVISION 109 LOT 4 WESTLAKE WESTLAKE'S 3RD - MINOR ANNEXATION 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98
Delinquent Certification 120921
Page 22
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15B BLOCK 9 100.02 2.00 102.02RGH5035101 ROUSE LLC 321 E MENDENHALL ST 59715 OP SOUTH 50' LOTS 17-19 BLOCK I 385.98 7.72 393.70RGH659271010 MAIN LLC 128 E DYER RD STE F 92707 LINDLEY PARK PLACE CONDO #301 NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY 62.53 1.25 63.78RFG816831043 CUSTER LLC PO BOX 81274 59108 CATTAIL CREEK SUBD PHASE 1 BLK 4 LOT 4 BLDG 4 231.46 4.63 236.09RGH373411 WEST LLC PO BOX 1256 59741 FAIRVIEW LOTS 22 BLOCK 7,ALDERSON'S TO FAIRVIEW LOT 1 BLOCK A 216.35 4.33 220.68RGH4067120 S 10TH LLC 23 RIVERSIDE DR 59715 WEST PARK LOTS 15-16 BLOCK 5 284.92 5.70 290.62RGG53801215N LLC PO BOX 955 59771 ROYAL VISTA LOT 5 BLOCK 3 369.83 7.40 377.23RGG43811516 BABCOCK LLC 128 E DYER RD UNIT F 92707 MOES LOT 1 397.42 7.95 405.37RGG201919TH REMINGTON LLC 200 LOWER SCHOOL RD 59714 REMINGTON TRACT A REARRANGED LOT 4 & TRACT A 498.10 9.96 508.06RGG425771946 STADIUM DRIVE LLC 1946 STADIUM DR STE 1 59715 STADIUM CENTER SUBDIVISION LOT 10 COS 280 TRACTS 2A & 2B COS I-1-A TRACT 1B 838.66 16.77 855.43RGG3896211 N 10TH AVE LLC 220 NICE LN #313 92663 SPRINGBROOK LOTS 3-4 BLOCK 12 211.95 4.24 216.19RGG6902023RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 1 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902123RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 2 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902223RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 3 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902323RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 4 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902423RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 5 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902523RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 6 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902623RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 7 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6902723RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS GARAGE 8 MOUNTAIN VIST TR 8 7.25 0.15 7.40RGG6901223RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-10 MOUNTAIN VIST TR 8 94.02 1.88 95.90RGG6901323RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-11 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901423RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-12 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901523RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-13 MOUNTAIN VIST TR 8 49.92 1.00 50.92
99
Delinquent Certification 120921
Page 23
RGG69016 23RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-14 MOUNTAIN VIST TR 8 95.47 1.91 97.38RGG6901723RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-15 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901823RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-16 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901923RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-17 MOUNTAIN VIST TR 8 141.34 2.83 144.17RGG6900923RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-7 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901023RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-8 MOUNTAIN VIST TR 8 71.91 1.44 73.35RGG6901123RD AND COLLEGE LLC 2409 LASSO AVE 59718 23RD AVE CONDOS UNIT 762-9 MOUNTAIN VIST TR 8 51.52 1.03 52.55RGG63516230 WATER LILY LLC 837 HENLEY PL 28207 NORTON EAST RANCH SUBD PH1 BLK 2 LOT 2 836.24 16.72 852.96RGG417722603 LLC PO BOX 13 59771 DURSTON MEADOWS SUBDIVISION PHASE III LOT 18 BLOCK 4 212.54 4.25 216.79RFG467732946 27TH AVE LLC 420 N 6TH AVE 59715 CATTAIL CREEK SUBD PHASE 1 BLK 4 LOT 4 BLDG 7 231.46 4.63 236.09RGG809473D INVESTMENTS LLC 5200 THORPE RD 59714 BOULDER CREEK SUBDIVISION PH 1 BLOCK 8 LOT 3 PLUS OPEN SPACE 348.80 6.98 355.78RGG32393G PROPERTIES LLC PO BOX 972 59771 RICHARDS SUBDIVISION LOT 2A BLOCK 1 424.01 8.48 432.49RGG32383G PROPERTIES LLC PO BOX 972 59771 RICHARDS SUBDIVISION LOT 1A BLOCK 1 436.11 8.72 444.83RGG418343010 WEST VILLARD LLC 23 RIVERSIDE DR 59718 MORGAN CREEK CONDOS NORTH MEADOWS SUB LOT 6 BLK 4 76.26 1.53 77.79RGH3741321 MAIN LLC 216 MCADOW AVE 59715 OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMAN MULTI LEVEL SHOP COMPLEX 258.54 5.17 263.71RGH3740321 MAIN LLC 216 MCADOW AVE 59715 OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMAN MULTI LEVEL SHOP COMPLEX 6.95 0.14 7.09RGH650753300 GRAF ST UN 88 LAND TRST PO BOX 11986 59719 SOUTH MEADOWS CONDO UNIT 88 360.06 7.20 367.26RGG63517350 WATER LILY LLC 837 HENLEY PL 28207 NORTON EAST RANCE SUB PH 1 BLK 3 LOT 1 852.56 17.05 869.61RFG440284 FARMERS LLC 346 GALLATIN PARK DR 59715 GALLATIN PARK SUBDIVISION LOT 11 BLOCK 2 PLUS OPEN SPACE 2,329.63 46.59 2,376.22RGG23224405 W GRANT LLC 140 ROCKING BEAR CIR 59715 CAP HILL LOT B REARR LOTS 9-12 BLOCK 47 403.08 8.06 411.14RGG6545411 W MENDENHALL LLC 411 W MENDENHALL ST STE B 59715 TRACYS 2 LOTS 16 & 17 BLOCK D 260.35 5.21 265.56RGG506554793 LLC 1627 W MAIN ST #310 59715 HARVEST CREEK SUBDIVISION PHASE 9 LOT 18 BLOCK 26 280.07 5.60 285.67RGG48465480 LLC 1627 W MAIN ST #310 59715 VALLEY WEST SUBDIVISION PHASE 1B LOT 10 BLOCK 1 TRACT 2 256.21 5.12 261.33RGG537345IVE STAR CASA LLC 4050 W BABCOCK ST #28 59718 PINEVIEW CONDOS UNIT 8 KIRKS SUB LOTS 8 & 9 BLK 3 98.83 1.98 100.81RGG537295IVE STAR CASA, LLC 4050 W BABCOCK UNIT 28 59718 PINEVIEW CONDOS UNIT 3 KIRKS SUB LOTS 8 & 9 BLK 3 125.80 2.52 128.32RGH70383508 MONTANA LLC 9 E LAMME ST 59715 HBP RESIDENTIAL CONDOMINIUM UNIT 508 TRACYS 2 LOT 1A BLK A 71.03 1.42 72.45RGG82779566 ENTERPRISE UNIT 22 LLC 566 ENTERPRISE BLVD UNIT 22 59718 UNIT 22 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 AMENDED LOT 1A 126.86 2.54 129.40RGG82791574 ENTERPRISE UNIT 34 LLC 574 ENTERPRISE BLVD UNIT 34 59718 UNIT 34 SR BLOCK 3 CONDOS MEADOW CREEK SUBDIVISION PH 1 AMENDED LOT 1A 122.16 2.44 124.60RGH5203807 SOUTH BLACK AVENUE LLC 15243 LA CRUZ DR #1605 90270 DUDLEYS LOT 2 BLOCK 1 385.06 7.70 392.76RGG4770809 W OLIVE LLC 140 ROCKING BEAR CIR 59715 WEST PARK WEST 60 FEET OF LOTS 17 & 18 BLOCK 4 119.56 2.39 121.95RGG84256815 N 5TH AVE LLC 55 W MADISON STE 65 80206 ASPEN CROSSING COMMERCIAL CONDO UNIT 101 495.35 9.91 505.26RGH4068817 W KOCH LLC 23 RIVERSIDE DR 59715 WEST PARK LOTS 13-15, S5'LOT 15 BLOCK 20 221.01 4.42 225.43
Total 630,048.88 12,600.98 642,649.86
100
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Resolution 5366 Calling a Public Hearing to Approve a Project in the
Northeast Urban Renewal District, Known as Wildlands, as an Urban
Renewal Project and Using Tax Increment Revenues to Reimburse Eligible
Costs of Such Project
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5366.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Wild Peach, LLC submitted an application to the Northeast Urban Renewal
Board (NURB) seeking tax increment financing (TIF) assistance for eligible
costs for a mixed-use project in the Northeast Urban Renewal District
(NURD). The NURB will meet via Webex on Thursday, December 16, 2021 at
6:30 p.m. to make a recommendation to the City Commission regarding this
project. Resolution 5366 signals the intent of the Bozeman City Commission
to take action on whether to designate the project as an urban renewal
project at during a public hearing as part of the January 11, 2022 City
Commission meeting.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the discretion of the City Commission.
FISCAL EFFECTS:n/a
Attachments:
Resolution of Intention.v1.docx
Report compiled on: December 13, 2021
101
RESOLUTION NO. 5366
RESOLUTION CALLING A PUBLIC HEARING TO APPROVE A PROJECT IN THE
NORTHEAST URBAN RENEWAL DISTRICT, KNOWN AS WILDLANDS,AS AN
URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO
REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Recitals.
1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42
and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and
adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects
therein, provide for the segregation and collection of tax increment with respect to property taxes
collected in such areas, and apply tax increment revenues derived from projects undertaken
within the urban renewal area to pay eligible costs.
1.02. Pursuant to the Act and Ordinance No. 1655, adopted on November 28, 2005 (the
“Ordinance”), the Commission created the Northeast Urban Renewal District (the “District”) and
approved the Northeast Urban Renewal District Plan (the “Plan”)as an urban renewal plan in
accordance with the Act., which Plan provides for the segregation and collection of tax
increment revenues with respect to the District.
1.03. As set forth in the Plan, tax increment financing is to be used to further the
implementation goals in the Plan, which include encouraging investment in development and
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
2
redevelopment of commercial and mixed use property within the District in accordance with the
provisions of the Act.
1.04. In addition, the Plan created the Northeast Urban Renewal Board (the “Board”) to
exercise the powers of an urban renewal agency under the Act with respect to the District and to
implement the Plan. Among other things, the Board is required to prepare an annual work
program and budget for projects in the District, which program and budget are subject to review
and approval by the Commission.
Section 2
The Project.
Wild Peach, LLC (the “Developer”) proposes to undertake the construction of a mixed-
use development to be known as Wildlands, consisting of demolition of a warehouse,
underground storage tank, above-ground storage tanks and parking lot addressed as 615 East
Peach Street; renovation of a 4,500 square-foot commercial building by converting a second-
floor office suite to two two-bedroom dwelling units and converting the existing basement level
to storage and accessory office space for the bakery tenant on the first-floor level; new
construction of a three-story addition to the existing two-story commercial building at 600 North
Wallace Avenue consisting of ground-floor restaurant and retail space and entrance and
accessory uses and spaces, second-level dwelling units and office space and a common open
space plaza, third-level residences and a rooftop deck; related infrastructure and utility
improvements; and related improvements (collectively, the “Project”) on land located in the
District.
The Developer has submitted an application to the Board, requesting tax increment
assistance with respect to certain eligible costs of the Project, including demolition of existing
structures, public improvements including curb, gutter and sidewalk improvements, and public
and utility infrastructure, as well as impact fees, cash in lieu of water rights and fees and charges
related to installing fiber optic cable (the “Eligible Costs”). The Board has granted preliminary
approval to the use of tax increment assistance to reimburse Eligible Costs.
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
3
The Project, including the Eligible Costs, is contemplated by and within the scope of the
Plan, and the Eligible Costs are eligible for tax increment financing under the Act. The Board
has recommended that the Commission approve the Project as an urban renewal project under
the Act and the Plan and approve using tax increment revenues to reimburse the Developer for
all or a portion of the Eligible Costs.
Section 3
Preliminary Findings.
The Commission hereby finds, as a preliminary matter, with respect to the Project as
follows:
a.no persons will be displaced from their housing by the Project;
b.the Plan and the Project conform to the Bozeman Community Plan or parts
thereof for the City as a whole;
c.the Plan and the Project will afford maximum opportunity, consistent with
the needs of the City as a whole, for the rehabilitation or redevelopment of the
District by private enterprise;
d.taking into account the use of tax increment revenues to reimburse the
Developer for all or a portion of the Eligible Costs, there is expected to be a sound
and adequate financial program for the financing of the Project; and
e.the Project constitutes an urban renewal project within the meaning of the
Act and the Plan.
Section 4
Public Hearing.
A public hearing is hereby called and shall be held on January 11, 2022 at 6:00 p.m. in
the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on the
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
4
approval of the Project and the City’s proposed use of tax increment financing therefor. Due to
the City’s Declaration of Emergency for the COVID-19 Pandemic, this meeting may be held
online using Webex or other technology, with the link to be available on the City’s website at
www.bozeman.net/meetings.
Section 5
Notice.
Notice of the public hearing shall be published in the Bozeman Daily Chronicle on
January 2, 2022 and January 9, 2022, in substantially the form attached as Exhibit A hereto
(which is incorporated by reference and made a part hereof).
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Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
5
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
106
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5366 entitled: “RESOLUTION CALLING A PUBLIC HEARING TO
APPROVE A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT AS AN
URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO
REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT” (the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City at a regular meeting on December 21, 2021, and that the meeting was duly
held by the City Commission and was attended throughout by a quorum, pursuant to call and notice
of such meeting given as required by law; and that the Resolution has not as of the date hereof
been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commission members voted in favor thereof:
; voted against the same:
; abstained from voting thereon: ; or
were absent: .
WITNESS my hand and seal officially this 21st day of December, 2021.
(SEAL)
__________________________________
MIKE MAAS
City Clerk
107
Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project
A-1
EXHIBIT A
NOTICE OF PUBLIC HEARING ON APPROVING A PROJECT IN THE NORTHEAST
URBAN RENEWAL DISTRICTASANURBAN RENEWAL PROJECTAND USINGTAX
INCREMENT REVENUES TO REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT
NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City
of Bozeman, Montana (the “City”) will hold a public hearing on January 11, 2022 at 6:00 p.m. in
the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, to be held
online using Webex or other technology, with the link to be available on the City’s website at
www.bozeman.net/meetings, on the approval of the following project in the Northeast Urban
Renewal District as an urban renewal project: the construction of a mixed-use development to be
known as Wildlands, consisting of demolition of a warehouse, underground storage tank, above-
ground storage tanks and parking lot addressed as 615 East Peach Street; renovation of a 4,500
square-foot commercial building by converting a second-floor office suite to two two-bedroom
dwelling units and converting the existing basement level to storage and accessory office space for
the bakery tenant on the first-floor level; new construction of a three-story addition to the existing
two-story commercial building at 600 North Wallace Avenue consisting of ground-floor restaurant
and retail space and entrance and accessory uses and spaces, second-level dwelling units and office
space and a common open space plaza, third-level residences and a rooftop deck; related
infrastructure and utility improvements; and related improvements (collectively, the “Project”). It
is proposed that the City reimburse the developer of the Project for certain eligible costs of the
Project from tax increment revenues.
Any interested persons may appear and will be heard or may file written comments with
the City Clerk prior to such hearing.
DATED this 21st day of December, 2021.
Mike Maas
City Clerk
Publication Dates:January 2, 2022; January 9, 2022
108
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
SUBJECT:Resolution 5368 Adopting the Bozeman City Commission Priorities for 2022
and 2023
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5368 adopting the Bozeman City Commission Priorities
for 2022 and 2023
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:In April 2018, the Bozeman City Commission adopted its first ever Strategic
Plan. Since then, the City Manager has come before the City Commission
regularly to review the progress made on the priorities outlined in the
Strategic Plan and set goals for the upcoming year. Beginning with 2022, the
City Manager has recommended a two-year priority list.
On December 3, 2021 the City Commission held a work session to receive
the status report of the Commission's priorities. The City Manager
recommended the removal of the completed priorities, the modification of
priorities that are ongoing, and the addition of new priorities. During the
discussion, the City Commission proposed nine priorities for the coming two
years.
After gaining direction from the City Commission, staff prepared a resolution
for the Commission to formally adopt the priorities for 2022 and 2023 at a
future meeting.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution 5368 Adopting Commission Priorities for 2022-
23.docx
Report compiled on: January 15, 2021
109
110
Version April 2020
RESOLUTION 5368
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING THE BOZEMAN CITY COMMISSION PRIORITIES FOR 2022
AND 2023.
WHEREAS,the City of Bozeman adopted its Strategic Plan through Resolution 4852
on April 16, 2018; and
WHEREAS, the City of Bozeman adopted three long range plans – the Climate Action
Plan, Community Affordable Housing Plan and the Growth Policy, and the Commission and Staff
will continue implementing the programs and initiatives contained in those documents; and
WHEREAS,in a work session on December 3, 2021, which was open to the public, the
Commission discussed its priorities for the next two years; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the Bozeman City Commission Priorities for 2022 and 2023 are:
CEDAW – Become a City for CEDAW (Convention To Eliminate All Forms of
Discrimination Against Women) as part of the City’s Inclusive City and Diversity Equity and
Inclusion work and conduct an intersectional gender analysis.
Community and Support Services – increase budget allocations for community and support
services.
UDC Overhaul – Adopt changes to the Unified Development Code that facilitate increased
housing density, housing affordability, climate action plan objectives, sustainable building
practices, and a transparent, predictable and understandable development review process.
Establish a mobile crisis response program.
Model HOA Covenants – Establish model Homeowner’s Association Covenants that
111
Version April 2020
encourage water conservation, neighborhood and community connectivity, accessory dwelling
units, childcare, drought tolerant landscaping, composting, local food, recycling and energy
efficiency.
Develop Gallatin Valley Sensitive Lands Protection Plan.
Update Codes to encouraging wetland preservation and facilitate the creation of a local
wetland bank.
Short Term Rental Revisions – Consider revising short term rental ordinance to create
additional opportunities for long term rentals, including potential limitations to the licensing
of new short term rental properties.
Promote Water Conservation – including the review and consideration of polices and
incentive programs to reduce water consumption such as drought tolerant landscaping, lawn
watering restrictions and tiered water use pricing.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
112
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
SUBJECT:Resolution 5369 Appointing Special Counsel in the matter of Ethics
Complaint of Daniel Zyvoloski
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5369 Appointing Special Counsel in the matter of Ethics
Complaint of Daniel Zyvoloski
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community’s trust.
BACKGROUND:The City Manager requests the Bozeman City Commission, pursuant to its
authority under the Bozeman City Charter and 7-4-4605, MCA, appoint
Jordan Crosby as special counsel to advise the City of Bozeman Board of
Ethics in the matter of the ethics complaint filed by Daniel Zyvoloski on
December 8, 2021. The purpose of the appointment is to avoid the
appearance of a conflict of interest with the Bozeman City Attorney's Office.
Jordan Crosby agrees to accept the appointment in this matter pursuant to
the authority established in the attached Resolution.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:Fees associated with the appointment of Jordan Crosby as special counsel
will be paid from the approved budget.
Attachments:
Resolution 5369 Appointing Special Counsel for Zyvoloski
Ethics Complaint.docx
Report compiled on: December 20, 2021
113
Version April 2020
RESOLUTION 5369
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPOINTING SPECIAL COUNSEL IN THE MATTER OF ETHICS
COMPLAINT OF DANIEL ZYVOLOSKI
WHEREAS,the Bozeman City Attorney requests the Bozeman City Commission,
pursuant to its authority under the Bozeman City Charter and §7-4-4605, MCA, to appoint Jordan
Crosby as special counsel in the matter of the ethics complaint filed with the City’s Board of Ethics
on December 8, 2021 by Daniel Zyvoloski to avoid the appearance of a conflict of interest with
the Bozeman City Attorney’s Office; and
WHEREAS,Jordan Crosby has declared she agrees to accept the appointment and does
so pursuant to the authority established in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Jordan Crosby is hereby appointed to act as special counsel in the matter of the ethics
complaint filed December 8, 2021 by Daniel Zyvoloski. This appointment is effective
immediately.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
114
Version April 2020
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
115
Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Ordinance 2091 Final Adoption of Update to Accessory Dwelling Unit
Standards Text Amendment to Revise the Bozeman Municipal Code to
Amend the Requirement That Ground Floor Accessory Dwelling Units Must
Have Alley Access by Requiring That Ground Floor Accessory Dwelling Units
(ADUs) Must Either Have Alley Access or a Pedestrian Connection to a
Sidewalk or Adjacent Right of Way and Remove the Requirement to Provide
Minimum Parking For ADUs. Revise Affected Sections to Implement the
Revisions.
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Approve final adoption of Ordinance 2091.
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:On November 16, 2021, the City Commission held a public hearing to
consider this text amendment. There was one public comment received in
favor of the proposed amendments during the legal notice period. The
materials related to the City Commission’s consideration of this matter,
including the staff report and ordinance, are available on the previous
agenda.
The City Commission voted unanimously in favor to provisionally adopt
Ordinance 2091. Video of the City Commission hearing is available and
discussion of the item begins at approximately 32:45.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1) Final adoption of Ordinance 2091 as presented and recommended.
2) Determine that the prior decision was in error and do not adopt the
ordinance.
FISCAL EFFECTS:None.
116
Attachments:
Ordinance 2091 Update to Accessory Dwelling Unit (ADU)
Standards Final Adoption Memo.pdf
Ordinance 2091 Update to ADU Standards Ordinance.pdf
Report compiled on: December 9, 2021
117
1
REPORT TO: Mayor and City Commission
FROM: Jacob Miller, Associate Planner
Martin Matsen, Director of Community Development
SUBJECT: Ordinance 2091, Final Adoption of Update to Accessory Dwelling Unit Standards
Text Amendment to Revise the Bozeman Municipal Code to Amend the
Requirement That Ground Floor Accessory Dwelling Units Must Have Alley
Access by Requiring That Ground Floor Accessory Dwelling Units (ADUs) Must
Either Have Alley Access or a Pedestrian Connection to a Sidewalk or Adjacent
Right of Way and Remove the Requirement to Provide Minimum Parking For
ADUs. Revise Affected Sections to Implement the Revisions.
MEETING DATE: December 21, 2021
AGENDA ITEM TYPE: Consent I
RECOMMENDATION: Approve final adoption of Ordinance 2091.
BACKGROUND: On November 16, 2021, the City Commission held a public hearing to consider this
text amendment. There was one public comment received in favor of the proposed amendments during
the legal notice period. The materials related to the City Commission’s consideration of this matter,
including the staff report and ordinance, are available at:
https://granicus_production_attachments.s3.amazonaws.com/bozeman/4f2dbc76301d31ee6b37c6e5cf39
19300.html The City Commission voted unanimously in favor to provisionally adopt Ordinance 2091.
Video of the City Commission hearing is available at
https://bozeman.granicus.com/player/clip/185?view_id=1&redirect=true and discussion of the item
begins at approximately 32:45.
UNRESOLVED ISSUES: None.
ALTERNATIVES: 1) Final adoption of Ordinance 2091 as presented and recommended.
2) Determine that the prior decision was in error and do not adopt the ordinance.
FISCAL EFFECTS: None
Attachments: Ordinance 2091
Commission Memorandum
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2
Report compiled on December 9, 2021
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Page 1 of 5
ORDINANCE NO. 2091
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO TO AMEND THE
REQUIREMENT THAT GROUND FLOOR ACCESSORY DWELLING UNITS MUST
HAVE ALLEY ACCESS BY REQUIRING THAT GROUND FLOOR ACCESSORY
DWELLING UNITS (ADUs) MUST EITHER HAVE ALLEY ACCESS OR A
PEDESTRIAN CONNECTION TO A SIDEWALK OR ADJACENT RIGHT OF WAY
AND REMOVE THE REQUIREMENT TO PROVIDE MINIMUM PARKING FOR ADUs
BY AMENDING 38.360.040 (ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS)
AND TABLE 38.540.050-1.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, the City is committed to facilitating the construction of new housing by
reviewing and revising zoning requirements; and
WHEREAS, the City received a submission on the UDC Community Platform that
suggested that the alley-access requirement for ADUs is too restrictive; and
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WHEREAS, a recent code audit has identified that removing the parking requirement may
increase the chances of new construction of accessory dwelling units; and
WHEREAS, the Bozeman Community Plan 2020 encourages the construction of
accessory dwelling units and diverse housing types.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That 38.360.040 (ADU Use Table In Residential Zoning Districts), of the Bozeman Municipal Code be amended
as follows with all other portions remaining unchanged:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADU's are permitted above accessory buildings and on the ground floor.
Ground floor ADUs require alley access or pedestrian connection to a
sidewalk or the adjacent right-of-way.
Parking requirement In addition to the parking required for the principal residence, one paved
off-street parking space is required for the exclusive use of the ADU. The
parking provided must be located on the lot and may not utilize the on-
street parking provisions of division 38.540 of this chapter. ADUs are not
subject to minimum parking requirements. If parking is provided it must
conform to all applicable standards.
Unit size In no case may an ADU be larger than 600 square feet or have more than
a single bedroom. The method of calculating the maximum ADU square
footage will be "living area" defined as "all floor area exclusive of areas
with a sloped ceiling less than three feet in height, stairwells, and exterior
decks." Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space must be included
in the maximum square footage calculation.
Design requirements Detached ADUs, including second story additions on detached garages
may be approved only if found compatible and consistent with the
existing character and fabric of the neighborhood. The review authority
must consider placement and size of windows, decks, balconies, fencing,
landscape screening, and height and massing of the structure to minimize
impacts to adjacent properties.
Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU
may exceed the height of the principal building but may not exceed 22
feet in height.
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Garage conversions Garages may not be converted for use as ADUs unless all required parking
for all uses on the lot is otherwise provided prior to conversion. However,
ADUs may be placed above garages except where otherwise noted.
Minimum standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has been
configured to accept an ADU with adequate lot area, utility services, and
compliance with setbacks and height standards.
Section 2
That Table 38.540.050-1 of the Bozeman Municipal Code be amended as follows with all other
portions remaining unchanged:
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential facilities 0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident1
Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Sections 1-2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map
Amendment, Provisional Adoption of Ordinance 2099, to Annex
Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU,
and B-2M, Located at 980 Story Mill Road, Application 21337
MEETING DATE:December 21, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
related to annexation presented in the staff report for application 21337 and
move to approve Resolution 5363, the Canyon Gate Annexation and
authorize the City Manager to sign the Canyon Gate Annexation Agreement.
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
related to zoning presented in the staff report for application 21337 and
move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map
Amendment.
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:Annexation of 25.42 acres and amendment of the City Zoning Map for the
establishment of zoning designation of R-3, Residential Medium Density
District, R-5, Residential Mixed Use High Density District, REMU, Residential
Emphasis Mixed Use District, and B-2M, Community Business District -
Mixed. The City reviews applications for annexations 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 Drive. The issue of whether and how the City
should grow is a prominent part of the City’s adopted Bozeman Community
Plan 2020, see pages 8-15. See the attached staff report for additional
information and analysis of compliance with required criteria.
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Public comment and Application Materials can be viewed in our Laserfiche
Repository.
Both the public comments and application materials are also linked in the
staff report.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Direct Staff to include additional terms of annexation or revised terms of
annexation to be included in a revised annexation agreement prior to
adoption of Resolution 5363 which annexes the property.
2. Do not adopt Resolution 5363 or Ordinance 2099 based on the City
Commission’s stated findings of non-compliance with the applicable criteria
contained within the staff report;
3. 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; or
4. Utilize 38.260.120.D to propose and consider an alternate zoning action.
FISCAL EFFECTS:See staff report.
Attachments:
21337 Canyon Gate ANNX ZMA CC SR.pdf
Hinds v. COB Decision.pdf
21337 Canyon Gate ANNX Resolution 5363.pdf
A1DevelopmentReviewApplication_08112021.pdf
DRCMemoResponses_10272021.pdf
Canyon Gate Annexation Map 11-12-21.pdf
RevisionandCorrectionRC.pdf
Letter to City - Annexation Agreement.pdf
21337 Canyon Gate ZMA Ordinance 2099.pdf
Canyon Gate Annexation Meets and Bounds 11-12-21.docx
Canyon Gate ZMA 11-12-21.pdf
Canyon Gate Zoning Meets and Bounds 11-12-21.docx
SIDWaiver_10272021.pdf
ExistingOff-
SiteGasPipelineEasementBk122Pg54_10272021.pdf
ExistingWaterMainEasementBk17Pg29_10272021.pdf
StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf
WaterPipelineAccessEasement_10272021.pdf
21337 Canyon Gate Comment Tracking.xlsx
Report compiled on: December 9, 2021
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Page 1 of 67
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.
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.
City Commission Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings related to annexation presented in the staff report for application 21337
and move to approve Resolution 5363, the Canyon Gate Annexation and authorize
the City Manager to sign the Canyon Gate Annexation Agreement.
City Commission Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings related to zoning presented in the staff report for application 21337 and
move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map
Amendment.
Report: December 6, 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.
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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 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
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 7-2-4610, 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.
In addition to the required terms of annexation recommended by Staff, the applicant has
offered two terms of annexation in response to public comments. The applicant has offered to
include language in the Annexation Agreement that would require the construction of a
minimum of 60 homes in the proposed R-5 zoning district to be priced no greater than 120%
of Area Median Income. The applicant has also offered language in the Annexation
Agreement that would limit the maximum height of structures located within the proposed R-
5 zoning district to a maximum of 50 feet or 4 stories, whichever is greater. The annexation
agreement included with the packet contains these two provisions.
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
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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
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.
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The City has received protest from at least 25% of the lots within 150 feet of the amendment
area therefore a supermajority vote from City Commission in favor of the project is required
for approval.
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 held a public hearing on November 22, 2021. After consideration of
the application materials, Staff report, and public comment a motion to recommend approval,
was offered, seconded, and denied on a vote of 1-2.
The primary findings offered by the votes for denial were based on Criteria G and H,
Promotion of compatible urban growth, and Character of the district. There was also limited
discussion on Criterion F, The effect on motorized and non-motorized transportation
systems. The Zoning Commissioners found that the permitted uses and allowable height and
density allowed by the proposed R-5 zoning would not be compatible with the surrounding
districts and the increased traffic in the area could pose potential hazards to the existing
neighborhoods. The Commissioner that voted in favor found that the increased density and
housing diversity was in accordance with the growth policy and would not negatively impact
the character of the existing districts.
One Commissioner asked about the policy of “split-zoning,” or the location of more than one
zoning districts on a parcel. The growth policy places three different future land use
designations on the property, each one with specific implementing zoning districts which
resulted in the property being required to have more than one zoning district.
The video recording and minutes of the public hearing are available at
https://bozeman.granicus.com/player/clip/192?view_id=1&redirect=true
Staff presentation begins at 23:44
Applicant presentation begins at 52:23
Public comment period begins at 1:36
Zoning Commission discussion begins at 4:24
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Written Public Comment
Written comments addressing this project 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.
City Commission Alternatives
1. Direct Staff to include additional terms of annexation or revised terms of annexation to be
included in a revised annexation agreement prior to adoption of Resolution 5363 which
annexes the property.
2. Do not adopt Resolution 5363 or Ordinance 2099 based on the City Commission’s stated
findings of non-compliance with the applicable criteria contained within the staff report;
3. 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; or
4. Utilize 38.260.120.D to propose and consider an alternate zoning action.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Written Public Comment .................................................................................................... 4
Zoning Commission ............................................................................................................ 4
City Commission Alternatives ............................................................................................ 5
SECTION 1 - MAP SERIES .................................................................................................... 7
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 15
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 17
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 18
Annexation ........................................................................................................................ 18
Zone Map Amendment ..................................................................................................... 18
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 19
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 31
Spot Zoning Criteria ......................................................................................................... 58
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 60
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 62
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 63
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 66
FISCAL EFFECTS ................................................................................................................. 66
ATTACHMENTS ................................................................................................................... 67
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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. These terms of annexation are incorporated into the annexation agreement included
with the City Commission packet materials.
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. These contingencies have been addressed with the
submitted zoning map and Ordinance included with the City Commission packet materials.
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”.
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2. 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. 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 held a public hearing on the ZMA on November 22, 2021. After
consideration of the application, staff report, and public comment, a recommendation to
approve the requested zoning failed on a vote of 1-2.
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. The City provides services to adjacent properties with existing
development.
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, 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. This will make
the City boundaries more regular.
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
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operations. It is premature at this time to predict which combination of options will be used
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, 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. The applicant has also offered language for the annexation
agreement that would require them to build a minimum of 60 housing units at a maximum
price of 120% Average Median Income (AMI) in the proposed R-5 district. Providing
housing below market rate is discussed as an objective in the Growth Policy.
“N-3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.”
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The project site is located adjacent to proposed commercial zoning and near to Story Mill
Park, one of the City’s largest parks and near multiple trail corridors.
Policy 4: Initial zoning classification of the property to be annexed will be
determined by the City Commission, in compliance with the Bozeman Growth Policy
and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
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.
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The portion of Story Mill Road adjacent to the project will be annexed with the rest of the
property included in the application. Story Mill Road will most commonly be accessed from
Bridger 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.
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 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 Drive, which will include signalization.
Bridger 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. The funding
package for future improvements is not finalized at time of annexation. 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
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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
same basis as existing adjacent development. The site is presently included in the Story Mill
Fire District. This fire district receives service from the City of Bozeman Fire Department.
Therefore, annexation will not affect the level of fire protection. Future development will be
required to extend water mains and take other action to mitigate hazards.
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
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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.
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
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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
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,
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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.
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.
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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
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, Residential Mixed Use, and Urban Neighborhood. The descriptions from the
growth policy of these future land uses are:
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
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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:
“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.”
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At the intersection of a collector street (Story Mill Road) and arterial street (Bridger Drive);
the Planning Board and City Commission determined with adoption of the future land use
map in 2020 that the designated future land uses were proper to support the surrounding area
and in the best interest of the community as a whole.
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.
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. Maker Space Mixed Use is primarily focused on light industrial uses. On the
south side of Bridger 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
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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
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 the 1990’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
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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 Drive is an arterial street as shown in the last three long range transportation
plans including the current Transportation Master Plan adopted in 2017. 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 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 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 Drive and connects to Downtown. There is
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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.
“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.
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• 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.
“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.
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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
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
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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.
See comments in Section 6, Criteria A, B and D. Provision of opportunity for services
distributed through the City and nearby to residential areas supports walkability, multi-modal
transportation, and other priorities of the City that support public health and welfare. 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 main station for American Medical
Response who provides ambulance service to the area is nearby on Industrial Drive. 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. As noted in Section 5, Policy 9, the City already provides fire service to the site.
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.
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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
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,
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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 Drive to Griffin Drive,
as well as the intersection of Story Mill Road and Bridger 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 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 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 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.
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In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
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 Drive as an arterial. The 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. The Montana Department of
Transportation recently complete expansions to Rouse Avenue/ Bridger Drive which
improved traffic flow and pedestrian/bicycle safety.
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 planned in the
FY23-27 Capital Improvement Program for fall 2022 will provide protected access to enter
and exit from the major street network. These improvements are anticipated to commence as
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soon as weather permits in 2022. 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 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 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.
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
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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.”
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.
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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. The City’s adopted standards for
development, including but not limited to subdivision, zoning, and building codes, prevent
physical hazards.
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-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 R-5 or 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
3:12 or
greater
40’ 46’ 60’ Max. 5
stories
Max. 5
stories
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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. The placement of the R-3 district ensures a minimum
separation of 190 feet from the existing lower density residential areas adjacent to the site.
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. The commercial uses in REMU
are limited in area to not more that 30% of all building area in the zone. B-2M is primarily a
commercial district that has allowance for a variety of residences. Primary uses in the
existing County designated AS district are low intensity residential and agricultural. Any
change to a municipal zoning will be different than the existing development on the site.
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The entire property is slated for mixed-use development per the growth policy designations
as described in Section 6, Criterion A. However, the 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 example
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
developed with individual detached homes. 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. The County
zoned area west of Story Mill Road has been zoned as M-1, an industrial zone, for many
years and supports a range of industrial uses.
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 an area. 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, industrial, and commercial uses which have been present for many years. The
proposed zoning districts also support a mix of residential and commercial uses. 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
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designations on the subject property and therefore will not substantially change the character
of the area.
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. A
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difference in intensity of use does not alter the essential character of a use as housing,
commerce, etc. 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 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 Drive, there have been two recent 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 the one
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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.
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-
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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 industrial area west of Story Mill Road is
separated by the road itself from the proposed B-2M zone.
The requested zoning districts 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 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
environment, accompanied with higher intensity commercial and residential, but mixed and
diverse nonetheless.
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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.
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
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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 Drive, an arterial
street. Placement of commercial zoning at such intersections is consistent with the BCP 2020
as cited above. 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. Non-residential uses have also been found
appropriate through the public process of developing the latest growth policy. 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 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.
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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 additional 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 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.
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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.
A recent summary judgement ruling from the Hinds v. City of Bozeman court case notes that
“it cannot be said that higher density residential is inconsistent with the prevailing use of
residential in the area.” Furthermore, the findings from the summary judgement note than
when proposed zoning districts are in substantial compliance with the Growth Policy, they
are not an abuse of discretion and do not meet this criteria for spot zoning. Staff analysis of
this project including all spot zoning criteria is consistent with the findings from that court
case. See full text of summary judgement in the attachments section of this report.
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 25.13 acre property. Although the City supports multiparty annexation applications,
landowner initiated annexation of single properties are the most frequent annexation requests
received by the City.
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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,
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
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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.
The layered dynamic of the two policy documents creates the ability for our community to
begin with large scale ideas about community growth and needs 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. As noted in
Section 6, Criterion A, the proposed application is in accordance with the growth policy.
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.
The City has received protest from at least 25% of the lots within 150 feet of the amendment
area therefore a supermajority vote in favor is required for approval.
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Based on addressing data provided by City GIS Department, there are 27 City lots and 15
County lots, totaling 42 lots that are eligible for 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 December 7, 2021 280 public comments have been
received and are available at the link below. 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
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
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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
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.
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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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Table 4 from the Bozeman Community Plan 2020
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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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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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Page 1 of 4
RESOLUTION NO. 5363
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE CANYON GATE ANNEXATION, APPLICATION 21137.
WHEREAS, the City of Bozeman received a petition for annexation from Canyon Gate
Investors, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so
as to include an area of land containing approximately 25.42 acres, located northeast of the corner
of Story Mill Road and Bridger Canyon Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on December
21, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
December 21, 2021; and
WHEREAS, on December 21, 2021, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
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Resolution 5363, 2021 Canyon Gate Annexation
Page 2 of 4
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 25.42 acres, to wit:
Legal Description A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the North West Corner of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road;
• thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and
the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the North East
corner of said Tract 7B;
• thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek
Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said lines;
• thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner
of said Tract 7B;
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Resolution 5363, 2021 Canyon Gate Annexation
Page 3 of 4
• thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of
said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the
MT. Baldy Subdivision;
• thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point;
• thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31
and 32 (aka the center line of Story Mill Road);
• thence, N 00° 18' 18" E, along said section line (aka, centerline of said Story Mill Road) and the
west line of said Tract 7B, a distance of 321.72 feet to a point;
• thence, leaving said centerline and West line of said Tract 7B, N 89° 28' 21" W, a distance of
40.00 feet to a point being the SE ROW corner of Tract D of the Osborne subdivision;
• thence, along said east ROW and lines of Tracts A, B, C and D of said Osborne Subdivision, N
00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said
subdivision and the south ROW of Boylan Road;
• thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B.
Said area being 1,094,594 square feet or 25.13 acres more or less, along with and subject to all easements of record. All as shown on the Canyon Gate Annexation map.
Section 2
The effective date of this annexation is December 22, 2021.
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Resolution 5363, 2021 Canyon Gate Annexation
Page 4 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor ATTEST:
___________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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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
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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
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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.
230
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.
232
233
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 234
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
Revisions and Corrections Submittal Form Page 2 of 2 Revision Date: February 2021 235
236
237
Ord 2099
Page 1 of 8
ORDINANCE 2099
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 4.90 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY
DISTRICT, 9.70 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, 9.69
ACRES AS B-2M, COMMUNITY BUSINESS DISTRICT – MIXED, AND 1.62 ACRES AS
REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, CANYON GATE
ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21137.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on November 22, 2021 to receive and review all written and oral testimony on the request for a
zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21137, the Canyon Gate Annexation Zone Map Amendment, be
denied as requested by the applicant; and
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 2 of 8
WHEREAS, after proper notice, the City Commission held its public hearing on
December 21, 2021, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended denial of the
requested R-3, R-5, B-2M, and REMU districts.
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 3 of 8
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
21137 the Canyon Gate Annexation Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-3, Residential Medium Density District:
The property is described as:
A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within
Deed Document #2685083 located within portions of the Southwest One Quarter of Section 32,
Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and
more particularly described as follows:
Beginning at a point (P.O.B) on the North line of said Tract 7B. that bears S 88° 15' 30" E, a
distance of 389.11 feet from a point on the line between said Section 31 and 32 (aka the
centerline of Story Mill Road), which is also the Northwest corner of said Tract 7B;
• thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 925.57 feet to
the North East corner of said Tract 7B;
• thence, S 00° 06' 32" W, along the east line of said Tract 7B, a distance of 650.92 feet to
a point;
• thence, continuing along said line, S 01° 47' 33" W, a distance of 62.90 feet to the South
East corner of said Tract 7B and the NE corner of Lot 29 of the MT. Baldy Subdivision
(Plat F-10);
• thence, along the line common to said Tract 7B and MT. Baldy Subdivision, N 88° 19'
21" W, a distance of 817.12 feet to a point that is the NE corner of the West 33.34' of Lot
45 of said subdivision;
• thence, leaving said lines, N 01° 44' 26" E, a distance of 230.00 feet to a point;
• thence, S 88° 19' 21" E, a distance of 620.70 feet to a point;
• thence, N 00° 18' 18" E, a distance of 289.87 feet to a point;
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 4 of 8
• thence, N 88° 15' 30" W, a distance of 735.51 feet to a point;
• thence N 00° 18' 18" E, a distance of 194.06 feet to the P.O.B.
Said area being 422,569 square feet or 9.70 acres more or less, along with and subject to all
easements of record.
All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment
Map.
Section 3
That the zoning district designation of the following-described property is hereby established as
R-5, Residential Mixed Use High Density District:
The property is described as:
A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within
Deed Document #2685083, located within portions of the Southwest One Quarter of Section 32,
Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and
more particularly described as follows:
Beginning at a point (P.O.B 1) which bears S 00° 18' 18" W, a distance of 194.06 feet from the
P.O.B. of R-3 Zoning;
• thence, S 88° 15' 30" E, a distance of 735.51 feet to a point;
• thence, S 00° 18' 18" W, a distance of 289.87 feet to a point;
• thence, N 88° 19' 21" W, a distance of 735.49 feet to a point;
• thence N 00° 18' 18" E, a distance of 290.69 feet to the P.O.B 1.
Said area being 213,437 square feet or 4.90 acres more or less, along with and subject to all
easements of record.
All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment
Map.
Section 4
That the zoning district designation of the following-described property is hereby established as
REMU, Residential Emphasis Mixed Use District:
A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown
within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of
Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 5 of 8
MDT ROW parcel #146 and a portion of parcel #147; and a portion of MDT ROW North of the
centerline of Bridger Drive, located within portions of the South West One Quarter of Section
32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana,
and more particularly described as follows:
Beginning at a point (P.O.B 2) which is the Northwest Corner of Lot 47 of the MT. Baldy
Subdivision (Plat F-10);
• thence, N 01° 43' 59" E, a distance of 230.00 feet to a point;
• thence, S 88° 19' 21" E, a distance of 133.43 feet to a point;
• thence, S 01° 44' 26" W, a distance of 230.00 feet to the NE corner of the W 33.34' of Lot
45 of said Subdivision;
• thence along a portion of the East line of said Lot 45, S 01° 44' 26" W, a distance of
300.01 feet to the Centerline of Bridger Drive;
• thence, N 88° 17' 19" W, along said Bridger Drive, a distance of 133.36 feet to a point;
• thence leaving said Bridger Drive and along a portion of the West line of said Lot 47, N
01° 43' 59" E, a distance of 299.94 feet to the P.O.B. 2.
Said area being 70,697 square feet or 1.62 acres more or less, along with and subject to all
easements of record.
All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment
Map.
Section 5
That the zoning district designation of the following-described property is hereby established as
B-2M, Community Business District - Mixed:
The property is described as:
A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown
within Deed Document #2685083; and MDT ROW parcels #129 and #139; and a portion of
MDT ROW North of the centerline of Bridger Drive; and a 40 foot wide ROW/Easement West
of the centerline of Story Mill Road that runs through Tract A of COS 1518; and a 40 Foot ROW
Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East
One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South,
Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly
described as follows:
Beginning at a point (P.O.B 3), which is a point on the line between said Sections 31 and 32 (aka
centerline of Story Mill Road), and the Northwest corner of said Tract 7B;
• thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 389.11 feet to
a point;
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 6 of 8
• thence, leaving said line of Tract 7B, S 00° 18' 18" W, a distance of 484.75 feet to a
point;
• thence, N 88° 19' 21" W, a distance of 18.64 feet to a point;
• thence, S 01° 43' 59" W, a distance of 230.00 feet to the NW corner of Lot 47 of the MT.
Baldy Subdivision (Plat F-10);
• thence, S 01° 43' 59" W, a distance of 299.94 feet along a portion of the West line of Lot
47 of the MT. Baldy Subdivision (Plat F-10) to a point on the centerline of Bridger Drive;
• thence, N 88° 17' 19" W, , along said centerline of Bridger Drive, a distance of 357.25
feet to the intersection of said Bridger Drive and a point on the line between said Sections
31 and 32 (aka the centerline of Story Mill Road);
• thence, leaving said intersection and continuing along the said centerline of Bridger drive,
S 88° 30' 52" W, a distance of 40.01 feet to a point;
• thence, leaving said centerline, N 00° 18' 18" E, a distance of 40.01 feet to the
intersection of the North ROW of said Bridger Drive and the West ROW/Easement line
of Story Mill Road;
• thence, leaving said Bridger Drive ROW and continuing along said West ROW/Easement
line through Tract A of COS 1518, N 00° 18' 18" E, a distance of 321.05 feet to a point
being the said West ROW and the Southeast ROW corner of Tract D of the Osborne
Subdivision;
• thence along said West ROW of Story Mill Road and along the East boundary line of
Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19
feet to a point being the NE corner of said Tract A of said subdivision and the
intersection of the West ROW of Story Mill road and the south ROW of Boylan Road;
• thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. 3.
Said area being 421,992 square feet or 9.69 acres more or less, along with and subject to all
easements of record.
All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment
Map.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 7 of 8
Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 21st day of September 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
244
Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments
Page 8 of 8
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2021. The effective date of this ordinance is ____, ______________,
2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
245
CANYON GATE ANNEXATION MAP
PROPERTY DESCRIPTION
A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed Document
#2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less
MDT ROW as shown within Deed Document #2691572; and MDT ROW parcels #129, #139, #146 and a
portion of #147; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; and the West
ROW of Story Mill Road within Tract A of COS 1815, all located within portions of the South East One
Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East,
Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows:
Beginning at a point (P.O.B), which is the Northwest Corner of said COS No. 2408 and a point on the N/S
line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road.
thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and
the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the Northeast
corner of said Tract 7B;
thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek
Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said line;
thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner
of said Tract 7B;]
thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said
Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT.
Baldy subdivision;
thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point;
thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections
31 and 32 (aka the center line of Story Mill Road);
thence, leaving said section line and along the North ROW of Bridger Drive being the South
boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of 40.01 feet a point at the
intersection of said ROW, South Line and the West 40' ROW of said Story Mill Road;
thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distance of 321.05 feet
along said West ROW of Story Mill Road and through Tract A of COS 1518 to a point being the
said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision;
thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B,
C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being
the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story
Mill Road and the south ROW of Boylan Road;
thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B.
Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject to all
easements of record.
246
247
CANYON GATE ZONE MAP AMENDMENT
R-3 ZONING
A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083 located within portions of the Southwest One Quarter of Section 32, Township 1
South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly
described as follows:
Beginning at a point (P.O.B) on the North line of said Tract 7B. that bears S 88° 15' 30" E, a distance of
389.11 feet from a point on the line between said Section 31 and 32 (aka the centerline of Story Mill
Road), which is also the Northwest corner of said Tract 7B;
thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 925.57 feet to the
North East corner of said Tract 7B;
thence, S 00° 06' 32" W, along the east line of said Tract 7B, a distance of 650.92 feet to a point;
thence, continuing along said line, S 01° 47' 33" W, a distance of 62.90 feet to the South East
corner of said Tract 7B and the NE corner of Lot 29 of the MT. Baldy Subdivision (Plat F-10);
thence, along the line common to said Tract 7B and MT. Baldy Subdivision, N 88° 19' 21" W, a
distance of 817.12 feet to a point that is the NE corner of the West 33.34' of Lot 45 of said
subdivision;
thence, leaving said lines, N 01° 44' 26" E, a distance of 230.00 feet to a point;
thence, S 88° 19' 21" E, a distance of 620.70 feet to a point;
thence, N 00° 18' 18" E, a distance of 289.87 feet to a point;
thence, N 88° 15' 30" W, a distance of 735.51 feet to a point;
thence, N 00° 18' 18" E, a distance of 194.06 feet to the P.O.B.
Said area being 422,569 square feet or 9.70 acres more or less, along with and subject to all easements
of record.
R-5 ZONING
A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083, located within portions of the Southwest One Quarter of Section 32, Township 1
South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly
described as follows:
Beginning at a point (P.O.B 1). which bears S 00° 18' 18" W, a distance of 194.06 feet from the P.O.B. of
R-3 Zoning;
thence, S 88° 15' 30" E, a distance of 735.51 feet to a point;
thence, S 00° 18' 18" W, a distance of 289.87 feet to a point;
thence, N 88° 19' 21" W, a distance of 735.49 feet to a point;
thence, N 00° 18' 18" E, a distance of 290.69 feet to the P.O.B 1.
Said area being 213,437 square feet or 4.90 acres more or less, along with and subject to all easements
of record.
248
REMU ZONING
A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy
Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcel #146 and
a portion of parcel #147; and a portion of MDT ROW North of the centerline of Bridger Drive, located
within portions of the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana, and more particularly described as follows:
Beginning at a point (P.O.B 2). which is the Northwest Corner of Lot 47 of the MT. Baldy Subdivision (Plat
F-10);
thence, N 01° 43' 59" E, a distance of 230.00 feet to a point;
thence, S 88° 19' 21" E, a distance of 133.43 feet to a point;
thence, S 01° 44' 26" W, a distance of 230.00 feet to the NE corner of the W 33.34' of Lot 45 of
said Subdivision;
thence along a portion of the East line of said Lot 45, S 01° 44' 26" W, a distance of 300.01 feet
to the Centerline of Bridger Drive;
thence, N 88° 17' 19" W, along said Bridger Drive, a distance of 133.36 feet to a point;
thence, leaving said Bridger Drive and along a portion of the West line of said Lot 47, N 01° 43'
59" E, a distance of 299.94 feet to the P.O.B. 2.
Said area being 70,697 square feet or 1.62 acres more or less, along with and subject to all easements of
record.
249
B-2M ZONING
A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083; and MDT ROW parcels #129 and #139; and a portion of MDT ROW North of the
centerline of Bridger Drive; and a 40 foot wide ROW/Easement West of the centerline of Story Mill Road
that runs through Tract A of COS 1518; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat
H-47; located within portions of the South East One Quarter of Section 31 and the South West One
Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County,
Montana, and more particularly described as follows:
Beginning at a point (P.O.B 3), which is a point on the line between said Sections 31 and 32 (aka
centerline of Story Mill Road), and the Northwest corner of said Tract 7B;
thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 389.11 feet to a point;
thence, leaving said line of Tract 7B, S 00° 18' 18" W, a distance of 484.75 feet to a point;
thence, N 88° 19' 21" W, a distance of 18.64 feet to a point;
thence, S 01° 43' 59" W, a distance of 230.00 feet to the NW corner of Lot 47 of the MT. Baldy
Subdivision (Plat F-10);
thence, S 01° 43' 59" W, a distance of 299.94 feet along a portion of the West line of Lot 47 of
the MT. Baldy Subdivision (Plat F-10) to a point on the centerline of Bridger Drive;
thence, N 88° 17' 19" W, , along said centerline of Bridger Drive, a distance of 357.25 feet to the
intersection of said Bridger Drive and a point on the line between said Sections 31 and 32 (aka
the centerline of Story Mill Road);
thence, leaving said intersection and continuing along the said centerline of Bridger drive, S 88°
30' 52" W, a distance of 40.01 feet to a point;
thence, leaving said centerline, N 00° 18' 18" E, a distance of 40.01 feet to the intersection of
the North ROW of said Bridger Drive and the West ROW/Easement line of Story Mill Road;
thence, leaving said Bridger Drive ROW and continuing along said West ROW/Easement line
through Tract A of COS 1518, N 00° 18' 18" E, a distance of 321.05 feet to a point being the said
West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision;
thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B,
C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being
the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story
Mill road and the south ROW of Boylan Road;
thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. 3.
Said area being 421,992 square feet or 9.69 acres more or less, along with and subject to all easements
of record.
250
251
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253
254
255
256
257
258
259
260
261
262
263
264
Canyon Gate Annexation and Zone Map Amendment Comment/Protest Tracking Application 21337
Comment NumberCommentor Name Address
Identify
Application
Within
150'
List Physical
address
List Physical
address
Qualified
Protest
168 Adam Davis No Yes
137 Aleksi Rapkin No Yes
167 Alisa Boyd No Yes
115 Alison Bayr No Yes
166 Alison Bayr No Yes
145 Amanda House No Yes
202 Andrew Gault No Yes
169 Angela Patnode No Yes
201 Ann Burgess No Yes
199 Anne Banks No Yes
76 Anne Cantrell Yes Yes
1847
Chippewa Ln
14 Anne Sexton Bryan No No
200 Anthony Biel Yes Yes
1054 Boylan
Rd
170 Arlene Tonon Yes Yes
1705
Medicine
Wheel
203 Arletta Van Breda No Yes
98 Barbara Kuhlemeier Yes Yes
1724 Midfield
Street
56 Ben Davidson Yes No
1758 Midfield
St.
78 Ben Davidson Yes No
1758 Midfield
St.
116 Ben Grover No Yes
242 Ben Yeomans No No
138
Benjamin & Susan
Stevens No Yes
290
Benjamin & Susan
Stevens No No
208 Beth Sirr No No
209 Betty Stroock Yes Yes
1350 Story
Mill Rd
77 Brad Bates No No
119 Brad Bates No Yes
57 Brad Deats No Yes
205 Brandon Moore No No
64 Brian & Mary Harrison No No
265
204 Brian Harrison Yes Yes
2540 Kootenai
Court
207
Brigitte Schulze
Marinez Yes No
2245 Deer
Park Ct
130 Brittney Murphy No Yes
120 Bruce Enger Yes Yes
7 Bruce Smith No No
51 Caiseal Orsini No No
172 Caleigh Searle No No
139 Carie Omland No Yes
283 Carie Omland Yes Yes
1593 Maiden
Spirit
284 Carie Omland Yes Yes
1593 Maiden
Spirit
8 Carrie Then No No
173 Carrie Then No No
272 Carsten Bahnson Yes Yes
1348 Boylan
Rd
244 Catherine Ebelke Yes Yes
1280 Story
Mill Rd
50 Cathleen Dee Yes Yes 10 E. Beall
159
Cathy Gnehm
Spencer No Yes
26 cathygarst@gmail.comNo Yes
256 Chris & Susan Miller No Yes
44 Chris Cooper No No
131 Chris Murphy No Yes
58 Chris O'Connor No Yes
100 Chris Omland No Yes
59 Christine Roberts Yes Yes
1470 Boylan
Rd
210 Christopher Bayr No Yes
243 Christopher Bayr No Yes
276 Cindy Linkenbach Yes Yes
3125 Augusta
Dr
79 Claire Crane No Yes
171 Claire Crane No Yes
16 Clara Pincus No No
121 Cody Hood No Yes
15 Collette Brooks-Hops No No
99 Connie Limesand No ?
31 Corrina Benjamin No No
65 Daniel Kaveney Yes Yes
1495 Boylan
Rd.
266
132 Daniel Kaveney Yes Yes
1496 Boylan
Rd
101 Daniel Gaugler Yes Yes
1588 Boyland
Rd.
122 Daniel Gaugler Yes Yes ?
1588 Boylan
Rd.?
245 Daniel Gaugler Yes Yes
1588 Boylan
Rd
175 Daniel Kaveney Yes Yes
1496 Boylan
Rd
265 Daniel Kaveney Yes Yes
1496 Boylan
Rd
66 Daniel McNulty No No
80 Dash Rodman No Yes
3 David Harvey No Yes Legends
3 David Harvey No Yes Legends
251
David Sovulewski &
Pamela Roberts No Yes
144 Dawn Poindexter Yes No
585 Bridger
Woods Dr.
275 Dayna Bergin No Yes
67 Dean McSweeney Yes Yes
1917 Boylan
Rd.
102 Dean McSweeney No Yes
174 Deb Cades No No
17 Debbie Boom No No
280 Debby Greene No Yes
176 Debra McNeill Yes ?
2512 Valhalla
Court
32 Dennis Erickson No No
68 Diana Sauther Yes Yes
1865 Boylan
Rd.
146 Diane Dietsch No Yes
160 Diane Dietsch No Yes
161 Diane Sheehan Egnatz Yes Yes 1268 Boylan
212 Diane Sheehan Egnatz Yes Yes
1268 Boylan
Rd
211 Dillon Downs No Yes
246 Don Jackson Yes Yes
1280 Story
Mill Rd
257 Don Jackson Yes Yes
181 Ed Wrzensinski Yes ?
2512 Valhalla
Court
33 Eleanor Barker No No
267
258 Eleanor Clark No Yes
104 Elita Jenkins No Yes
123 Elizabeth Darrow Yes Yes No
177 Ellen Guettler Yes Yes
1521 Bridger
Drive
178 Ellen Guettler No Yes
91 Emily Mason No No
179 Emily Mason No Yes
103 Emma Crickmer No No
82 Emma Sirr No No
214 Emma Sirr No Yes
180 Erik Nyquist Yes Yes
1995 Boylan
Road
213 Erika & Kase Cannon Yes Yes
2247 Bucks
Run Ct
81 Evan Center Yes Yes
1700
Medicine
Wheel Ln.
143 Evan Center Yes Yes
1700
Medicine
Wheel Lane
18 Frances Lefcort No No
259 Frank Carter III No Yes
182 Fraulein Jaffe No Yes
157 Frederic Scheer Yes Yes
5 West - Ste.
202
19 Gail Gettler No No
285
Gallik, Bremer, &
Molloy No Yes
20 Gary O'Donnel No No
215 Glenn Chamberlain Yes Yes
1821 Bridger
Dr
105 Greg Swica No Yes
92 Heather Jernberg No Yes
274 Hillary Wernlund No No
269 J. Williams
154 Jack Sandford No Yes
1 James F Van Ness Jr No Yes
140 James F Van Ness Jr No Yes
286
James Russell
Williams Jr.Yes Yes
1705 Bridger
Dr
106 Jane Klockman Yes No
262 Jane Roberts Yes Yes
1450 Boylan
Rd
124 Jason Tanguay Yes Yes ?2351 Boylan ?
83 Jeanette Calarco Yes Yes
2310 Boylan
Rd.
268
183 Jennifer Gullett No No
107 Jennifer Swica No No
254 Jes Falvey No No
52 Jesse Vanscoy No Yes
216 Jessica Feltner No Yes 1002 Boylan
69 Joe Clark No No
21 John Backes No No
277 John Preston Yes No
409 S
Bozeman Ave
184 John Zarndt No No
162
Jonathan Newman &
Marilee Simons No Yes
45 Joni Diehl No No
27 Juliene Sinclair No No
108 Kaitlin Raven No Yes
35 Kareen Erbee No No
10 Karen Mitchell No No
34 Karen Mitchell No Yes
247 Karen Shyne Yes Yes 3105 Augusta
219 Karin Jennings Yes No 1075 Boylan
36 Kate Moore No Name
37 Kate Walker No Yes
109 Kate Walker No Yes
9 Katharyn Lowman No No
273 Kathleen Foley No Yes
185 Katie Distin No Yes
187 Katie McLain No No
11 Katie Ryan No No
255 Kenneth Danhof No No
186 Kevin Guettler No Yes
218 Kimberly Graham No Yes
71 Kimberly Karsh No Yes
70 Kristen Davidson Yes No
1758 Midfield
St
217 Kristen Day No Yes
22 Kristi Chester Vance No No
155 Kyle Gooch Yes Yes
2296 Boylan
Rd
53 Larry Barnard No No
28 Larry Boles No No
271 Lauren Van Zant No No
148 Laurie Wallace No Yes
72 Leilani DelDuca Yes No
1405 Bridger
Dr.
269
188 Leilani DelDuca Yes Yes x
1405 Bridger
Dr.x
289 Leilani DelDuca Yes No
1405 Bridger
Dr
125 Leo Crane No Yes
38 Liz Ann Kudrna Yes No
150
Lori Yurga & Bruce
Bell Yes Yes
1782
Medicine
Wheel Lane
152
Lori Yurga & Bruce
Bell Yes Yes
1782
Medicine
Wheel Lane
252 Lynn Kirtley No Yes
135 Lyons Family No Yes
268 M. McCormick
270 M. Stageman
12 Malcolm Kay No No
85 Marcia Kaveney Yes Yes
1496 Boylan
Rd.
191 Marcia Kaveney Yes Yes
1496 Boylan
Rd
192 Marcia Kaveney Yes Yes
1497 Boylan
Rd
60 Marcia Lertiz No Yes
260 Maria Hawkins No No
149 Maria Nash No No
190 Marianne Cochran No Yes
249 Marie Jones Yes Yes
1382
Headlands Dr
248 Marilyn Collins Yes Yes
1509 Bridger
Dr
222
Mark Lusch & Lucy
Bikulcs Yes No 2417 Par Ct
164 Mark Spencer Yes Yes 4112 Graf
221 Martha Hopkins Yes Yes 1054 Boylan
117 Mary Lane No Yes
225 Mary Tennile No Yes
86 Mary Wictor Yes Yes
1504 Boylan
Rd.
133 Mary Wictor Yes Yes
1504 Boylan
Rd
253 Mary Wictor Yes Yes 1504 Boylan
250 Matthew Kraska Yes Yes
2218 Snow
Flake Ct
23 Meaghann Gaffney No No
73 Meredith Hood No No
270
93 Michael and Beth Sirr Yes No
1290 Story
Mill
193 Michael Kurtz Yes Yes
2558 Maiden
Star Lane
141 Michael McCormick No Yes
163 Michael Sirr No Yes
220 Mikal Begnoche No Yes
24 Mike Herring No No
224 Mike Schaub Yes Yes 2501 Putter Ct
87 Mike Wiseman Yes Yes
1465 Maiden
Spirit Dr.
223 Miles Nolte No Yes
5 Molly Casto Yes Yes
1451 Maiden
Spirit
84 Molly Casto Yes Yes
1451 Maiden
Spirit Street
189 Molly Casto Yes Yes
1451 Maiden
Spirit
110 Nancy & Leslie Snively No Yes
158 Nancy & Leslie Snively Yes Yes
2571 Maiden
star Lane
29 Nancy Cornwell No No
142 Nancy Cornwell No Yes
129 Nathan Hofferber No Yes
94 Nicholas Drew Yes Yes
1394 Boylan
Rd.
112 Nicholas Drew No Yes
194 Nicholas Drew No Yes
39 Nicole McChesney No No
54 Noah Poritz No No
263 Nolan Sit No No
95 Orville Bach No No
226 Orville Bach Yes Yes 197 Lamplight
227 Page Armstrong Yes No
2226 Powder
Park Ct
46 Patricia Cosgrove No No
195 Patricia Hicko No No
134 Patrick Miller Yes Yes
2537 Weeping
Rock Ln
287 Patrick Miller Yes Yes
2537 Weeping
Rock Ln
271
229 Patsy Culver Yes Yes
1778
Medicine
Wheel
228 Paul Colella No No
230 Paul Dinkins Yes Yes
2122 Boylan
Rd
2 Paul Lundin No Yes
25 Paula Mozen No No
261 Paula Mozen No Yes
74 Pete MacFayden Yes Yes
1825
Chippewa Ln
231 Pete MacFayden No No
196 Pete Oliver Yes Yes 413 N Wallace
47 Peter Foley No Yes
96 Ping and Marcia Oliver Yes ?
2494 Spirit
Crossing Lane
282 Richard Bakker Yes Yes
1470 Boylan
Rd
278 Richard Brown No No
279 Richard Brown No No
288
Robert & Michelle
Trapa Yes Yes
2562 Weeping
Rock Ln
61 Robert Detrick Yes Yes
2545 Spirit
Crossing Ln.
63 Robert Herz Yes No
1163 Pinnacle
Star Rd.
88 Robert Herz Yes No
1163 Pinnacle
Star Rd.
206 Robert O'Driscoll Yes Yes
2344 Boylan
Rd
233 Robert Sain Yes No 2514 Putter Ct
281 Roger Nelson Yes Yes
514 E
Cottonwood
232
Rufus & Margaret
Cone Yes Yes
1413 Bridger
Dr
97 Ryan Galloway No No
136 Salim Ani Yes Yes
2428
Creekwood
198 Sandy Erickson No No
165 Sanna Oliver Yes Yes 413 N Wallace
272
126 Sarah Annarella Yes Yes ?
1468 Maiden
Spirit St.?
4 Sean Casto Yes Yes
1451 Maiden
Spirit
5 Sean Casto Yes Yes
1451 Maiden
Spirit
113 Sean Casto Yes Yes ??
235 Sean Casto Yes Yes ?
1451 Maiden
Spirit Sig
264 Sean Casto Yes Yes
1451 Maiden
Spirit
90 Sean Ostrowski No No
197 Sharleen Carraway No No
236 Sharon Growney No Yes
62 Shawna Wade No Yes
40 Sheridan Jones No No
127 Sheridan Jones Yes Yes ?
2563 Maiden
Star ?
13 Stephen Shore No No
41 Stephen Wolf No No
151
Stephen Wolf &
Sheridan Jones Yes Yes
2563 Maiden
Star Lane
156
Stephen Wolf &
Sheridan Jones Yes Yes
2563 Maiden
Star Lane
234 Steven Brutger Yes Yes
1468 Maiden
Spirit
55 Susan Atkinson No No
89 Susie Mathre No No
43 Tamala Powell No No
240 Tess Moore Yes Yes
1309 Hillside
Ln
118 Thom Hughes Yes Yes
237 Thomas Barrett Yes Yes
1821 Bridger
Dr
128 Thomas Moore No Yes
241 Thomas Moore Yes Yes
1310 Hillside
Ln
114 Thomas Niemann Yes Yes ??
266 Thomas Niemann Yes Yes
2579 Weeping
Rock Lane
291 Thomas Niemann No Yes
147 Thomas Wilde No No
49 Todd Warner Yes Yes
1719 Midfield
St
42 Tonia Dyas No Yes
273
75 Triel Culver Yes Yes
2314 Boylan
Rd.
239 Triel Culver Yes Yes
2314 Boylan
Road
238 Tyler Bledsoe No No
48 Tyler Roscoe No No
30 Valerie Long No No
153 Wendy Williams No No
267 Wendy Williams No Yes
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
274
Canyon Gate Annexation and Zone Map Amendment Comment/Protest Tracking Application 21337
Density EMS
Neighborhood
Character
Subdivision/SP
criteria Transportation Wildlife
Commercial/
mixed-use
x x
x x x x x x
x x
x x x x x
x x x x x x x
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x x x x x x x
x x x x x x x
x x x
x x x x x
x x x
x x x
x x
x x x
x x x
x x
x x x x x
x x x x x
x x x x x x x
x x x x x x x
x x x x x x x
x x x x x
x x
x x x x x
x x x x x x
x x x
279
x x x x x x x
x x x x x
x x x x x x
x x x x x x x
x x x x x x x
x x x x x x
x x
x x x x x x
x x x x x x x
x x x x x x x
x x x x x x x
x x x x
x
x
x x x
x x x
x x x x x
x x x x
x x x
x x x x x x
x x x x
x x x x x
x x x x x x x
x x x
x x x x
x x
x x x
280
x x x x
x x x
x x
x x x
x x x x x
x x x
x x x x
x x x
x x x 0
x x x x x x x
x x x
x x x x x
x x x x x x
x x x x x x x
x x x
x x x x x x x
x x x x x x
x x x x x x
x x x x x x
x x x x x x x
x x x x x x x
x x x
x x x
x x x x
x x x
x x x x x x x
x x
x x x x x x
x x x x x
281
x x x
x x x
x x x x
x x x
x x x x x x x
x x x x x x
x x x x x x x
x x x
x x
x x x x x x x
x x x
x x x x
x x
x x x x x x x
x x x
x x x
x x x x
x x
x x x x x x x
x x x x
x x
x x x x x x
x x x
x
282
x x x x x x
x x x x
x x x
x x x x x x x
x x x x x x x
x x x x x x x
x x x x x
x x
x x x x x x x
x x x x x x x
x x x x x x
x x x x x x x
x x x x x x
x x
x x x x
x x x x x x
x x x x
x x
x x x x x x
x x x x x
x x x x x x
x x x x
x x x
x x x x x x
x x x x
x x
x x x x x x x
x x x x x x x
283
x x x x x x
x x x x x x x
x x
x x
x x x x
284
Luxury
Condos/Affordable
housing Support
N
N
N
N
x N
N
Y
x N
N
x N
N
N
N
N
N
N
N
N
N
x N
N
N
x N
N
N
x N
N
N
N
285
x N
N
N
N
N
N
x N
N
N
N
N
N
N
x N
N
x N
x N
N
x N
N
?
N
N
x N
x N
N
N
N
N
N
N
N
N
N
286
N
N
x N
N
x N
N
x Y
N
Y
Y
N
N
N
x N
N
N
N
N
x N
x ?
x N
N
N
?
x N
x N
x N
N
x N
x N
287
N
N
x N
x N
x N
x N
x N
x N
x N
x N
N
x N
?
x N
N
N
N
N
x N
x N
N
x N
N
N
N
N
N
N
N
x N
N
N
N
288
x N
N
N
N
x N
N
x N
N
x N
x N
x N
N
x N
x N
N
N
x N
N
x N
x N
x N
N
N
N
x N
N
N
N
N
N
N
x N
x N
x N
N
Y
N
N
N
289
x N
N
N
x N
?
x N
x N
N
N
N
x N
x N
N
N
N
N
N
N
N
x N
x N
N
x N
N
x N
N
x Y
x N
N
290
N
N
x N
x N
x N
N
N
x N
x N
N
x N
N
x N
N
x N
N
x N
N
N
N
x N
x N
Y
N
N
x N
x N
N
N
N
291
x N
N
x N
N
x N
x N
N
N
N
x N
N
N
N
N
N
N
N
N
N
N
x N
N
x N
N
N
N
292
N
N
N
x N
x N
N
x N
N
N
N
x N
N
N
x N
N
N
N
N
N
x N
N
N
x N
N
x N
N
N
N
N
N
N
293
N
x N
N
Y
N
?
N
294