HomeMy WebLinkAbout01-03-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of Minutes from December 20, 2021 (Happel)
E.Public Comments
F.Action Items
F.1 Training on Review of Zone Map Amendments (Saunders)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, January 3, 2022
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F.2 South 3rd Avenue Annexation and Zone Map Amendment for the Establishment of a Zoning
Designation of R-3 for a property Addressed at 2303 South 3rd Avenue and generally located
one-quarter mile south of the Kagy and Wilson; Application 21161.(Rogers)
G.FYI/Discussions
H.Adjournment
For more information please contact Marty Matsen, mmatsen@bozeman.net.
General information about the Community Development Board is available in our Laserfiche
repository.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-
2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Taylor Chambers - Community Development Technician III
SUBJECT:Approval of Minutes from December 20, 2021
MEETING DATE:January 3, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from December 20, 2021
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve meeting minutes with corrections.
2. Do not approve meeting minutes.
FISCAL EFFECTS:None
Attachments:
CD Board Meeting Minutes 12-20-21 DRAFT.pdf
Report compiled on: December 29, 2021
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Bozeman Community Development Board Meeting Minutes, 12-20-21
Page 1 of 5
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 20, 2021
A) 00:03:20 Call to Order - 6:00 PM
Present: Allison Bryan, Brady Ernst, Jerry Pape, Henry Happel, Jennifer Madgic, Nicole Olmstead,
Padden Murphy, John Backes, Stephen Egnatz
Absent: None
B) 00:04:11 Disclosures
Chairman Happel informed the Board members that the Board will be trying a new process by having
City staff type out and then display the motion to the Board to ensure that motions are being captured
correctly.
Chairman Happel requested that Board members please use the "raise your hand" feature when they
would like to speak.
C) 00:07:22 Changes to the Agenda
D) 00:07:33 Approval of Minutes
D.1 Approval of Meeting Minutes from December 6th, 2021
CD Board Meeting Minutes 12-06-21 DRAFT.pdf
00:08:07 Motion D) Approval of Minutes
Jerry Pape: Motion
Jennifer Madgic: 2nd
00:08:09 Vote on the Motion to amend D) Approval of Minutes. The Motion carried 9 - 0
Approve:
Allison Bryan
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Bozeman Community Development Board Meeting Minutes, 12-20-21
Page 2 of 5
Brady Ernst
Jerry Pape
Henry Happel
Jennifer Madgic
Nicole Olmstead
Padden Murphy
John Backes
Stephen Egnatz
Disapprove:
None
E) 00:08:11 Public Comments
F) Action Items
F.1 00:13:56 Subdivision Review Process Training
CD Training 12-20-2021 memo.pdf
Subdivisions Info sheet.pdf
00:14:03 Staff Presentation
Planner Saunders provided a training to the Board on Subdivision Review by the Board.
00:50:42 Board Questions
Board members directed questions to staff.
F.2 01:13:30 Approval of the Preliminary Plat of the Park View Crossing Major
Subdivision, with conditions and code provisions, to create 44 residential lots on 7 acres
of land zoned R-3 (Quasi-judicial)
21158 ParkViewCrossing PP CDB staff rpt 12 13 21.pdf
Park View Crossing PreliminaryPlatMaps_09242021.pdf
21158 A1Application_04 16 2021.pdf
21158 ParkViewCrossing PreliminaryPlat_09 24 2021.pdf
21158 GraphicSitePlan_06232021.pdf
01:13:37 Staff Presentation
Planner Montana presented the Park View Crossing Preliminary Plat Subdivision to the Board and
recommended that the application was sufficient for approval.
01:29:40 Board Questions
Board members directed questions to staff.
01:45:35 Applicant Presentation
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Bozeman Community Development Board Meeting Minutes, 12-20-21
Page 3 of 5
Brett Megaard of Hyalite Engineers presented on behalf of the applicant.
01:54:22 Board Questions
Board members directed questions to the applicant.
02:04:40 Public Comment Opportunity
Ethan Anderson (3686 Tschache Ln.) voiced concerns regarding access for emergency services in the
area of the proposed application.
02:15:55 Response to Public Comment
Planner Montana provided a response to the public comment.
Mr. Megaard provided a response to the public comment.
02:19:25 Board Discussion
Board member Ernst commented with concerns regarding the application.
02:23:28 Motion Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application 21158
and move to recommend approval of the Park View Crossing Major Subdivision Preliminary Plat with
conditions and subject to all applicable code provisions.
Jerry Pape: Motion
Padden Murphy: 2nd
Board member Pape spoke to his motion.
Board member Ernst commented with concerns regarding the application.
Chairman Happel reminded the board members what they should be reviewing in the application per
the training from Planner Saunders.
Board member Murphy commented in favor of the application.
Commissioner Madgic commented in favor of the application.
Board member Bryan commented in support of the application.
Board member Egnatz commented in favor of the application.
02:38:37 Vote on the Motion to amend Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report for
application 21158 and move to recommend approval of the Park View Crossing Major Subdivision
Preliminary Plat with conditions and subject to all applicable code provisions.. The Motion carried 8 - 1
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Bozeman Community Development Board Meeting Minutes, 12-20-21
Page 4 of 5
Approve:
Allison Bryan
Brady Ernst
Henry Happel
Jennifer Madgic
Nicole Olmstead
Padden Murphy
John Backes
Stephen Egnatz
Disapprove:
Jerry Pape
F.3 02:39:42 Appointment of Community Development Board Representative to the
Planning Coordinating Committee
02:40:11 Staff Presentation
Planner Saunders informed the Board of the role that the selected board member would serve as the
appointed representative of the Community Development Board to the Planning Coordinating
Committee.
Board member Olmstead volunteered to be the representative for the Planning Coordinating
Committee.
02:42:49 Motion Nominate Nicole Olmstead to represent the Community Development Board on the
Planning Coordinating Committee.
Henry Happel: Motion
Padden Murphy: 2nd
02:43:53 Vote on the Motion to approve Nominate Nicole Olmstead to represent the Community
Development Board on the Planning Coordinating Committee. The Motion carried 9 - 0
Approve:
Allison Bryan
Brady Ernst
Jerry Pape
Henry Happel
Jennifer Madgic
Nicole Olmstead
Padden Murphy
John Backes
Stephen Egnatz
Disapprove:
None
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Bozeman Community Development Board Meeting Minutes, 12-20-21
Page 5 of 5
G) 02:44:14 FYI/Discussions
G.1 02:44:15 Bozeman Community Plan 2020 Executive Summary Referral
Chairman Happel informed the Board of the Comminity Plan Executive Summary
Exec Summary4-211215-clean 12-15-2021.docx
G.2 02:46:07 Upcoming Community Development Meetings
Planner Saunders informed the Board of the upcoming agenda items for the January 3rd board meeting.
02:47:08 Additional FYI
Board member Pape requested a "Planning Education Library" be put together so that board members
may review educational materials in their own time in order to absorb the materials on a more in depth
level.
Chairman Happel requested that Board member Pape work with City staff to execute the creation of
said Planning Education Library.
H) 02:49:18 Adjournment
For more information please contact Marty Matsen, mmatsen@bozeman.net.
General information about the Community Development Board can be found in our Laserfiche repository.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Training on Review of Zone Map Amendments
MEETING DATE:January 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information, ask questions, prepare for Board responsibilities for
reviewing Zone Map Amendments.
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:The primary role of the Community Development Board in its capacity as the
Zoning Commission is the review of amendments (text and map) to the
zoning standards. This review process provides an opportunity for evaluation
of the proposed amendment and its conformance with the growth policy,
public awareness of the amendment, and an opportunity to demonstrate
that the proposed development meets established criteria for approval. The
Staff will provide training and an overview of the zone map amendment
(ZMA) review process on January 3rd.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the Board
FISCAL EFFECTS:None
Attachments:
CD Training 1-03-2022 memo.pdf
BCP_2020_Zoning_Reference.pdf
ZoningTextandMapAmendments.pdf
Hinds decision -
ORDERREMOTIONSFORSUMMARYJUDGMENT.pdf
Report compiled on: December 23, 2021
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: DECEMBER 23, 2021
SUBJECT: ZONE MAP AMENDMENT REVIEW TRAINING The primary role of the Community Development Board in its capacity as the Zoning Commission is the review of amendments (text and map) to the zoning standards. This review process provides an opportunity for evaluation of the proposed amendment and its conformance with the growth policy, public awareness of the amendment, and an opportunity to demonstrate that the proposed development meets established criteria for approval. The Staff will provide training and an overview of the zone map amendment (ZMA) review process on January 3rd. There are two zone map amendments scheduled for formal public hearings on January 24th. This material is in support of that presentation and training. There are numerous references to state and local law in this memo. If the reference has a pattern of ##-#-### or is followed by MCA that is a reference to state law. If the reference has a pattern of XX.XXX.XXX or is followed by BMC that is a reference to Bozeman law.
Know Your Community Quiz In what years did the City first adopt standards to address the following? Answers are on the last page of this memo.
• Watercourse protection
• Sign controls
• Snow removal
• Restricting use of property for public safety
• Building materials requirements
Authority to Zone The State authorizes but does not require local governments to have zoning. Local regulations must be in alignment with enabling legislation – 76-2-301 et. seq. MCA, passed by the state. The zoning enabling language is much less specific than subdivision review enabling legislation. There are specific purposes and certain procedures required. However, things like the number and type of zoning districts are left to the local government to decide. Counties are subject to different but similar zoning laws than cities.
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76-2-301. Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be: (a) made in accordance with a growth policy; and (b) designed to: (i) secure safety from fire and other dangers; (ii) promote public health, public safety, and the general welfare; and (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (2) In the adoption of zoning regulations, the municipal governing body shall consider: (a) reasonable provision of adequate light and air; (b) the effect on motorized and nonmotorized transportation systems; (c) promotion of compatible urban growth; (d) the character of the district and its peculiar suitability for particular uses; and (e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area. Bozeman implements the review of the 76-2-304 criteria through Chapter 38 – Unified Development Code. This part of the municipal code contains the locally adopted standards to implement both zoning and subdivision authority and addresses all types of development. Bozeman has combined these functions with one set of regulations due to the many common elements and needs. Section 38.260.100 lays out the procedures to review a ZMA. State law requires that the Zoning Commission review and forward a recommendation on an amendment to zoning (text or map) before the City Commission takes action on the proposed change. The staff report with each ZMA will analyze the criteria from 76-2-304. The criteria in subsection 1 are required to be met for an application to be approved. The criteria in subsection 2 must be considered but can be found neutral, met, or not met. An application where items in subsection 2 are not met can still be approved if the overall benefits of the ZMA are favorable.
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Growth Policy Bozeman Community Plan 2020 is the seventh long range city-wide land use plan for the community. Chapter 5, pages 71-79, gives guidance on how the City reviews zone map amendments and how we apply the review criteria in state law. It is very important that the members of the Community Development Board be familiar with this information as an application being “in accordance with a growth policy” is a required standard for approval. The description of criteria on pages 71-79 are the basis for applying the criteria, not personal view points or preferences. These pages are attached to this memo.
Bozeman’s General Approach to Zoning Bozeman first adopted zoning in 1935 with four residential and three non-residential zoning districts. Bozeman has maintained zoning ever since. As applied in Bozeman, zoning is a mechanism to manage change, not to freeze the status quo. Evidence of this approach is shown in the ordinance history itself. In the period between 1935 and 2021, Bozeman: Replaced the entire body of zoning regulations 17 times (not all standards changed each time). Amended the zone regulations 272 times (not counting the entire replacements). Amended the zone map 295 times. Amended the text or map in the last five years 107 times (some of these are in active review). Many of these amendments occurred due to changes in state or federal law, court cases interpreting the law, and annexations of new land into the City. The City has also amended the zoning to implement changes of policy in the growth policy and other planning documents. Bozeman has grown significantly in area and population during the period zoning has been in effect. Changing economic and housing needs make it necessary for the City to regularly update its land development regulations to keep pace. As the City updates its regulations and the community continues to evolve it can raise questions on what zoning means. The growth policy answers this in part by stating on p. 71: “WHAT DOES IT MEAN TO BE ZONED? It means the City has adopted standards and procedures for the development and use of property within the City. Zoning indicates the character of an area by applying use and development standards to an individual property. Essentially, zoning addresses public safety, public welfare, and compatibility between uses. Chapter 38 of the Bozeman Municipal Code is the zoning code. The City applies standards and procedures to individual properties through the zoning map. The City will not modify those standards and procedures without public notice and participation. The City does not represent or commit to anyone that the standards and procedures will not change.” The municipal code provides further information about why individual districts are created and what it means when a district is applied to an individual property.
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“Sec. 38.300.010. - Purpose. Individual zoning districts are adopted for the purposes described in section 38.100.040. Furthermore: A. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. B. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. C. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. D. The zoning provisions implement the community goals and objectives that are contained in the city's adopted growth policy. E. Zoning districts and the zoning map communicate the City's expectation for land use in each particular district.” 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.” Long standing City Commission priorities for zoning standard and process development include:
• expeditious but complete review of proposals,
• moving reviews to administrative decision making where possible,
• assured approvals when applications comply with the code,
• development and redevelopment should contribute to the community,
• support for mixed uses and a diverse land use pattern, and
• locally relevant standards consistent with community priorities. These priorities have led to detailed standards to head off issues of functional compatibility between different uses. Therefore, the City’s zone districts are more diverse in uses than many communities and there are fewer concerns with different districts adjacent to each other. For example, 38.320.060 has a specific standard to address transition in building heights when districts allowing taller buildings are adjacent to districts with less intensive uses. Generally when considering adjacencies of use a street or similar width space is considered a sufficient separation between uses which could be in conflict.
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The purposes of the state criteria and the analysis of compliance by an individual application is to ensure that zoning is advancing the overall well-being of the community rather than creating legislation to the special favor of a few at the expense of the community as a whole. This issue will be discussed in some detail during the training and later in this memo.
Data Community Development Viewer. The City has assembled a publicly available information set regarding development. This is often the easiest way to help you get oriented to what is happening around a ZMA application. You can turn on and off different layers to help you understand what is happening in the community. Information such as zone boundaries, aerial photos, future land use map (the map showing where different uses are expected from the growth policy), water features, and other material is updated regularly. Infrastructure Viewer. The City has created a web based viewer for infrastructure information. This can show locations and details on public utilities like water and sewer pipes, facility plan information for where service expansions are expected, and floodplains. This is “live” information and as new work is completed it is added to the map. If you click on a + sign next to the name of a layer it will open more detailed information. A visit to the proposed site of a ZMA is also appropriate. However, it is private property so please stay on public streets as you view the site.
Ex Parte Communication The public and applicant have the right to be aware of what factors are being considered during review of an application and to have decisions made by impartial parties. Zone Map Amendments are legislative actions and the restrictions on contact outside of public meetings are less than for quasi-judicial actions like subdivision. However, there is still a need for transparency in decision making. For this reason, Board members should encourage commenters on applications in review to submit comments through the formal channels of agenda@bozeman.net email or presentation at a meeting where the item is being discussed. If someone discusses a pending application with you please notify other board members on the record at the beginning of the action item on the agenda of the substance of the conversation. If you have questions on an application that you don’t believe can properly wait until the public meeting please contact the staff member identified on the staff report.
Making Adequate Findings Board decisions must adequately explain what the Board decided and upon what considerations it based its findings. Findings are the legal footprints of a review to explain how the reviewer
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progressed from facts through established policies to the final decision. Findings must be based on substantial evidence in light of the whole record of the review. Findings: 1. Provide a framework for making principled decisions 2. Help make analysis orderly and reduce likelihood of missing steps in the analysis 3. Enable all interested parties to determine whether and on what basis judicial review of a decision should be sought 4. Show to a reviewing court the basis for the agency’s action 5. Show to the public that review is careful, reasoned, and equitable The staff report address all five purposes. The Board does not have to reinvent all the staff findings. In the recommended motion provided with each staff report language will be included to adopt the staff findings. If the Board concludes the staff findings are correct, no further findings are needed. If the Board finds differently than staff on an element of review the Board member should articulate the criteria, relevant facts, and how they reached a different conclusion. Such Board statements then become part of the record for the City Commission to consider in making their own decision. Depending on the degree of difference, the final motion by the Board may need to be revised to identify the differences in findings from the staff report. When the staff is analyzing compliance of a particular application with a ZMA criterion, the evaluation is against the code as a whole which will apply to the approval. For example, the park development standards of 38.420 will apply at the time of actual development to all zoning districts with residential development. The park standards ensure that the review criteria element of “facilitating adequate provision of … parks,…” will be met, even though the ZMA process itself does not require park dedication or construction. In addition to the criteria established by the legislature, the courts have adopted criteria for spot zoning. Spot zoning is an analysis of whether a proposed zone map amendment would be “special legislation” to the detriment of the general public. Generally, a ZMA which is consistent with the growth policy and the state criteria is not spot zoning. A recent local court case was decided on this issue. The decision from the court is attached for reference. The court relied heavily in its decision making on the administrative record of the decision created by the City during the review process. The findings made in the staff report, public hearings (including the discussion and motion of the Zoning Commission), and public testimony are key parts of the record of the review. This information is provided to help the Board understand the importance and uses of findings.
Public Comment A decision on a ZMA is founded on specific criteria as noted on page 2. Public comment regarding a ZMA can be submitted by any member of the public in support, opposition, or otherwise. Regardless
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of the content of the comment, for it to be actionable in the review process it must connect back to the review criteria. This becomes an important part of the Findings process if as a result of comment an application is or is not approved. Comments not related to the criteria are still accepted as part of the review but are not actionable to justify a denial or approval. An element of public comment that is unique to zone map and text amendments is protest. A public comment can be submitted by anyone and does not cause change in the review process. As required in 76-2-305 MCA, a protest may only be submitted by certain persons and if a large enough percentage of qualified persons protest a greater percentage of City Commissioners must vote to approve an amendment. The protest process does not change the review or action by the Community Development Board in the capacity as the Zoning Commission. Review and Adoption Process An information sheet on the steps in the review process is attached to this memo. A flow chart of the approval process is included. Adoption of an amendment to the zone map must occur through an ordinance. This means that the City Commission must approve the ordinance twice, at least 12 days apart, and the ordinance does not take effect until at least 30 days after the 2nd approval. This process is a state requirement for all ordinance adoptions. The review process from beginning to effective date of the amendment can take 5-6 months even for an uncomplicated amendment. Montana law does not authorize local governments to approve a ZMA contingent on construction of a specific project. Therefore, when the City reviews a ZMA we consider the entire scope of uses and standards related to a requested zoning district. The City also discourages applicants from showing conceptual drawings as such information can lead to unsupported assumptions about what will be constructed in the future. Consequences of Approval Once adopted, a zone district remains in place until another ZMA changes the designation on the site. Changes of ownership, approval or abandonment of site development plans, or similar occurrences have no effect on the adopted zone district. Once new zoning is in effect, applications for development of the property can be reviewed and approved. The adoption of a ZMA on a site does NOT authorize any construction.
Quiz Answers All five actions were taken in 1883, the first year the City was an incorporated municipality. The full text of the regulations, and other similar ones, are available in Ordinances 5, 8, and 16 located in the online archive of ordinances, https://weblink.bozeman.net/WebLink/Browse.aspx?id=78533&dbid=0&repo=BOZEMAN.
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BOZEMANMT
COMMUNITY PLAN
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BOZEMANMT 2020 COMMUNiTY PLAN 71
comments on subdivision review criteria.
7. When all persons have had opportunity to
speak, the public hearing/comment will be
closed and the Commission or Planning
Board will then return to its discussion of the
project. They will evaluate the application
materials, the staff report, public testimony,
and the requirements of subdivision law and
regulations. The Commission or Planning
Board may inquire of staff, applicants, or
the public for clarification or additional
information in order to complete their
evaluation.
8. The Planning Board will forward a
recommendation to the City Commission.
9. The City Commission will make their
decision on record during the review of
the subdivision. The record includes all
application materials, staff review, public
comments, and other materials provided
prior to the Commission’s action.
10. When the City Commission has rendered
their decision, the City will prepare findings
of fact which establish the official record and
decision.
11. An approval or denial of a subdivision may
be appealed to the District Court after a final
decision has been rendered. Appeals are
subject to state law requirements.
ZONING AMENDMENT REVIEW
Zoning establishes many of the standards
and review processes for the use of land.
Amendments to zoning change the rules with
consequence. Therefore, zoning amendments are
reviewed deliberately and in public. Review must
be fair to all, allow for identification and resolution
of concerns, and provide meaningful opportunities
for participation.
INTENT AND BACKGROUND
Sections 76-2-301, et seq., Montana Code
Annotated, authorizes local governments to
adopt zoning. As each community uses zoning
differently, the authorization identifies certain
purposes and processes but leaves most of the
details to each community. Chapter 38, Unified
Development Code, City of Bozeman municipal
code outlines local details.
“76-2-301. Municipal zoning authorized. For the
purpose of promoting health, safety, morals, or
the general welfare of the community, the City
or town council or other legislative body of cities
and incorporated towns is hereby empowered
to regulate and restrict the height, number of
stories, and size of buildings and other structures;
the percentage of lot that may be occupied; the
size of yards, courts, and other open spaces; the
density of population; and the location and use of
buildings, structures, and land for trade, industry,
residence, or other purposes.”
WHAT DOES IT MEAN TO BE ZONED?
It means the City has adopted standards and
procedures for the development and use
of property within the City. Zoning indicates
the character of an area by applying use and
development standards to an individual property.
Essentially, zoning addresses public safety,
public welfare, and compatibility between uses.
Chapter 38 of the Bozeman Municipal Code is
the zoning code. The City applies standards
and procedures to individual properties through
the zoning map. The City will not modify those
standards and procedures without public notice
and participation. The City does not represent
or commit to anyone that the standards and
procedures will not change.
HOW IS ZONING APPLIED TO PROPERTY?
The zoning map shows the designation that
applies to each property. The zoning map
covers the entire area within City boundaries.
The zoning district map assigns a designation
to each property in the City. Once applied, the
standards and procedures for each district apply
to land designated within each district until the
City amends the map or text of Chapter 38. Since
1935, the City has adopted a change to the zoning
map or text over 500 times including replacing
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the entire code 19 times. The most recent overall
replacement took effect in March 2018.
WHO CAN CHANGE THE ZONING TEXT OR MAP?
Only the City Commission can approve an
amendment and only after notifying the public of
the possible change and giving people a chance
to participate in the change. As a legislative
action, amendments are made through a process
called a “map” or a “text” amendment. There is a
defined public process for amendments to occur.
See below for a summary of that process. The
process to initiate amendments is established in
38.260, BMC. The City has created a process for
anyone to suggest potential changes.
WHAT IS NEEDED TO JUSTIFY A CHANGE IN A
ZONING DISTRICT MAP OR TEXT?
A change to the zoning text or map is a legislative
action. The City Commission can initiate or
approve amendments when they believe they
are appropriate. In determining whether to begin
a City initiated amendment, the Commission can
consider broad legislative factors such as the
passage of time, changes in the needs of the
community, outside actions like court decisions
or new laws, whether the existing map or text is
reaching the intended outcome, and changes like
installation of new infrastructure. Some examples
include the following:
a. Changes to state or federal law that the
zoning must address or if it is in conflict
with the changes, zoning must address.
b. Court decisions changing the
interpretation of meaning of the law that
interacts with zoning.
c. Change in circumstances including the
current zoning does not comply with the
City’s adopted Community Plan (i.e. its
growth policy), policies within the Growth
Policy have changed, land is annexed, or
infrastructure is newly available.
d. An owner requests the change and the
request meets required standards.
Items a and b are most likely to generate changes
in the text; items c and d are more likely to
generate changes in the zoning map.
In considering zoning map amendments, the City’s
longstanding practice is to consider item d as an
adequate justification for consideration of a zoning
map change. In doing so, the applicant/property
owner must demonstrate the requested change
meets the required criteria and guidelines for an
amendment.
The City’s zoning establishes what responsibilities
exist, such as controlling stormwater, and requires
people to meet those responsibilities. Zoning
also addresses the balance of interests between
adjacent properties by defining districts where
similar uses can be compatible and providing for
transitions and buffers between zoning districts
where the City determines it is necessary to
control impacts and prevent the use of one
person’s property right from inappropriately
impacting another. When such protections are
in place it is appropriate for the property owner
to have an opportunity to ask for changes to
zoning. If an owner does not show that criteria
and guidelines are successfully met the City
Commission can choose not to approve the
change. This does not prevent the City from
initiating a change on its own.
To provide transparency in decision making,
accountability, and public participation the zoning
map or text amendment process requires public
notice and hearings. Before any action to approve
an amendment, the Commission must address
the criteria, which provide guidance in deciding
whether an amendment is acceptable.
WHEN DOES THE CITY INITIATE ZONING CHANGES
TO INCREASE DEVELOPMENT OPPORTUNITIES?
The City Commission may initiate an amendment
to the zoning map to enable additional
development in a specific area. In examining
whether to do so, the Commission may consider
many factors including but not limited to the
following:
• The existing zone district does not match the
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BOZEMANMT 2020 COMMUNiTY PLAN 73
growth policy future land use map in Chapter
3.
• Forty percent or more of the existing uses
within an area are not principal uses within the
zone district presently in place.
• There is 40% or more available sewer capacity
and there is less than 10% vacant land within
the sewer drainage area.
• Proximity to parks that are larger than 1 acre.
• Vacant annexed areas which are 10 acres or
larger in size.
• Areas within ¼ mile of MSU (roughly 4 blocks)
and not in a National Register Historic District.
• Revising zoning boundaries to better follow
preferred dividing lines such as streets or
watercourses.
• Request of multiple landowners in the area.
• Available capacity in the water plant and water
reclamation facilities and permits.
REVIEW CRITERIA FOR ZONING
AMENDMENTS AND THEIR APPLICATION
This section includes the four criteria and five
guidelines for zoning amendments. These are
from state law. This section gives an overview of
how those criteria and guidelines apply during the
review of individual zoning map amendments.
Section 76-2-304 of state law establishes the
criteria, section (1), and guidelines, section (2),
for the creation and amendment of zoning. Due
to the range of subjects, the applicability of
any individual criterion may be of more or less
importance. The City Commission must evaluate
whether the applicable criteria are met, not
applicable, or if the benefits of the change offset
negative impacts. Below is the state statute that
provide the criteria and guidelines for zoning
decisions:
76-2-304. CRITERIA AND GUIDELINES FOR ZONING
REGULATIONS.
1. Zoning regulations must be:
a. Made in accordance with a growth
policy; and
b. Designed to:
i. Secure safety from fire and other
dangers;
ii. Promote public health, public safety,
and the general welfare; and
iii. Facilitate the adequate provision
of transportation, water, sewerage,
schools, parks, and other public
requirements
2. In the adoption of zoning regulations, the
municipal governing body shall consider:
a. Reasonable provision of adequate light
and air;
b. The effect on motorized and
nonmotorized transportation systems;
c. Promotion of compatible urban growth;
d. The character of the district and its
peculiar suitability for particular uses; and
e. Conserving the value of buildings and
encouraging the most appropriate use of
land throughout the jurisdictional area.
HOW THE CRITERIA AND GUIDELINES ARE APPLIED
76-2-304(1) criteria.
Under state law, (1) zoning regulations must be “(a)
made in accordance with a growth policy.”
This criterion gives the Commission latitude.
Zoning map amendments’ are to correlate to
the future land use map. Beyond that, policy
statements such as goals and objectives are
weighed. In a text amendment, policy statements
weigh heavily as the standards being created or
revised implement the growth policy’s aspirations
and intent. The City must balance many issues
in approving urban development. Therefore, it
is not unusual if there is some tension between
competing priorities, even if there is no explicit
contradiction of policy.
As shown in the state statute, zoning must also
“(b) be designed to”:
i. Secure safety from fire and other dangers;
ii. Promote public health, public safety, and
the general welfare; and
iii. Facilitate the adequate provision of
transportation, water, sewerage, schools,
parks, and other public requirements.
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74 BOZEMANMT 2020 COMMUNiTY PLAN
For a map amendment, all three of the above
elements are addressed primarily by the City’s
long range facility Plans, the City’s capital
improvements program, and development
standards adopted by the City. The standards set
minimum sizing and flow requirements, require
dedication of parks, provision of right of way for
people and vehicles, keep development out of
floodplains, and other items to address public
safety, etc. It is often difficult to assess these
issues in detail on a specific site.
For example, at the time of annexation, the final
intensity of development is unknown and it may
be many years before development occurs and
the impacts are experienced. The availability of
other planning and development review tools
must be considered when deciding the degree
of assurance needed to apply an initial zoning at
annexation.
The City’s building codes reduce reliance on
zoning to address other elements of public safety.
For example, requirements for fire sprinklers for
larger buildings are addressed in the building
codes, but not in the zoning code. In addition,
the subdivision review process outline’s the
backbone for public infrastructure. This includes
most water, sewer, stormwater, and street facilities.
Development review under zoning procedures
gives a final check on infrastructure capacity when
there is a known intended intensity of use and
condition of facilities.
Considering what infrastructure is already present,
such as in infill situations, or whether placing one
zoning district next to another may reduce travel
distances and increase walkability, are also factors
that can play into this criterion. It is not only about
production of more, but also of best use of public
facilities. If a proposed change to the map is
contrary to the facility plans, or causes substantial
inadequacy over the long term, then denial of the
amendment may be warranted.
(2) In the adoption of zoning regulations, the
municipal governing body shall consider the
following:
(a) Reasonable provision of adequate light
and air;
Bozeman has established generally
applicable standards for setbacks, park
dedication, on-site open space, and
building design standards to address
this requirement. This is done during the
creation of the zoning text. Therefore,
when considering changes to the map,
this issue is addressed for all districts.
In addition, the building codes have
standards for ingress and egress,
ventilation, and related subjects that
further support delivery of adequate light
and air. Care is needed if the City revises
the standards themselves.
(b) The effect on motorized and
nonmotorized transportation systems;
This guideline looks at the anticipated
change that may occur due to the
amendment. It does not require there be
less of an impact than from the existing
condition, whether it be text or map that
is the focus. The City relies upon its long-
range transportation plan to evaluate
transportation needs over the long term
for motorized vehicles as well as bikes and
pedestrians. The park and trail plan also
considers options for extending the trail
network. Plans are periodically updated
to ensure they are applicable to current
conditions.
Review of development proposals such
as subdivisions or site development
look at the transportation, park and
trail, and facility plans, consider existing
conditions, and requires the additional
on and off-site improvements needed to
meet the additional demand expected
from new development. Development
creates or funds many of the City’s local
streets, intersection upgrades, and
trails. Therefore, although a text or map
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BOZEMANMT 2020 COMMUNiTY PLAN 75
amendment may allow more intense
development than before, compliance
with the adopted Plans and standards
will provide adequate capacity to offset
that increase. The City’s development
standards require on-site parking
for bicycles and motor vehicles and
pedestrian circulation within each site.
Articles 38.4 and 38.5 of the UDC regulate
parking and circulation. If the Commission
considers a substantial change to the
standards it must examine the cumulative
impacts.
The capacity of a street to handle traffic
can be viewed differently by local
residents, traffic engineers, and Planners.
The long-range transportation plan
establishes the standards for what is “too
much” on each class of road. The impact
of additional development is not excessive
so long as the planned capacity of the
road is not exceeded. New development
contributes to the creation of additional
capacity through dedication of right of
way, construction or reconstruction of
streets, payment of impact fees, and other
contributions as may be applicable to
a specific project. These requirements
may mitigate the impacts of additional
development. Development that is more
intense requires greater transportation
capacity. Therefore, it is good, but not
required, to have more intensive districts
near arterial and collector roads.
(c) Promotion of compatible urban growth;
This guideline focuses on what happens
at the edge of the City, as well as what
occurs in the heart of the City. Section
38.700.040, BMC defines the factors
considered in determining compatibility.
This definition explicitly rejects uniformity
as being necessary for compatibility.
Compatibility is considered within and
between districts. The determination of
compatibility takes place at several levels,
including 1) what uses are allowed within
each district, 2) creation of standards
for new development to lessen impacts
to adjacent land/persons, 3) creation
of building and site design standards,
and 4) application of future land use
areas through the community plan and
development of the zoning map.
When the Commission considers a text
amendment, the majority of the focus
is on items 1 through 3, above. 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. An example is
stormwater management where a certain
minimum level of control is required, but
there are many acceptable alternative
methods to address the issue.
When considering zoning map
amendments, the Commission first looks
at the future land use map created by
the growth policy. See discussion under
Criterion 1(a) above. The planning process
refers to high level various policies to
identify community priorities. In Bozeman’s
case, those policies consistently
emphasize quality of development, infill
in a manner that allows for additional
intensification over time, connecting land
development to other community priorities
like multi-modal transportation, cost
efficient user-pays provision of facilities,
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76 BOZEMANMT 2020 COMMUNiTY PLAN
and reasonable incremental development
at the City edge. These and other policies
influence the layout of the future land use
map.
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. This is seen in the older
areas of the City, which were built before
zoning. 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.
(d) The character of the district and its
peculiar suitability for particular uses;
and
The second element of this guideline
reflects the application of the statutory
criteria to a wide diversity of purposes
and communities. Some land has a unique
physical attribute that makes it more
appropriate for one use than another. That
attribute may be inherent in the land itself
or due to proximity to something else.
For example, the City’s land adjacent to
the East Gallatin River is well suited for
the Parks and Open Lands and the Public
Institutions districts because it supports
both recreational functions in Story Mill
Park and an essential water treatment role
at the Water Reclamation Facility.
The character of a district is seen from
two different viewpoints. First, when
considering an amendment to the text,
the integration of a proposed change
is evaluated with the other standards,
purposes, and criteria of site review. If the
new change conflicts with other text, then
the new change should be rejected, or
other revisions made, so that the overall
standards for a given district support one
another. 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. A zoning
district change for land already within the
City requires greater consideration of the
current actual and possible environment.
Most of Bozeman has zoning that allows
more development than the current
owners utilize. This reflects many personal
preferences and economic decisions.
There is no specified distance in state
law or local code outside of the boundary
of a map amendment that describes
the “district” to be considered. The City
provides direct notice to landowners
out to 200 feet from the outer boundary
of the area to be given a new zoning
designation by the map amendment. This
is notice, not the distance that dictates
the extent of the analysis. Impacts from a
zoning change may be less or more than
200 feet depending on the nature of the
change and what already exists. State
law recognizes that persons owning land
within 150 feet have a unique interest in
the decision to rezone and gives them
the ability to protest the zoning. It is
notable that the protest does not stop a
rezoning, but requires a greater majority
of the Commission to approve. If there is
adequate reason for the change, it can go
forward.
Nothing in the zoning amendment or site
review criteria requires the Commission
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BOZEMANMT 2020 COMMUNiTY PLAN 77
restrict one owner because an adjacent
owner chooses to not use all zoning
potential. The City is not obligated
to enforce or recognize any privately
imposed restrictions, such as a covenant,
on land. Such restrictions are not subject
to the same public notice or participation
requirements as City actions.
Landowners have both rights and
obligations. To find that an amendment
application should be approved, the
application materials and review need
show the amendment meets the required
criteria for approval. This is a very site
specific evaluation and may consider but
is not obligated to give preference to what
adjacent owners have chosen to do with
their property. 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 intensions.
The City Commission must consider
several items in its decision on a zone
map amendment. First, the Commission
must consider the nature of the dominant
uses allowed in a district compared with
adjacent properties. For example, are they
both residential or is one residential and
another non-residential. Bozeman has an
existing pattern of diverse zoning districts
in proximity to each other. Second, the
Commission should consider differences
in allowed intensity between the districts
such as differences in height, setbacks, or
lot coverage. The greater the difference
the more likely conflict is possible. An
incremental change between two similar
districts may, for example, have the same
setbacks and very similar maximum
heights. Next, the Commission must
decide whether a larger community benefit
exists such as locating a fire station where
it will serve the adjacent property but is
different from the surrounding zoning.
Finally, the Commission must ask what
separates one zone from another. The City
strives to locate zoning boundaries along
visible and natural dividing lines such as
streets, trail corridors, creeks, or parks.
At a minimum, zoning boundaries should
follow property boundaries. The greater
the physical separation, the less likely
there may be a conflict. For example, a
local street, typically 60 feet wide, when
combined with the standards for site
development, is generally considered
an adequate separation—even for
substantially different districts.
(e) Conserving the value of buildings and
encouraging the most appropriate use of
land throughout the jurisdictional area.
There are two elements to this guideline.
First, conserving the value of buildings
applies to changes that may lessen the
functional utility of a property. Changes
that increase opportunities on a property
are unlikely to fail this test. Some reduction
in value can happen with adequate
justification. Requiring a development to
mitigate impacts on its site that lowers
development potential is acceptable.
The need for that mitigation must be
demonstrated.
Assertions that allowing a more intensive
zoning may lessen values on adjacent
properties is best addressed under the
guideline regarding the character of the
district. The financial value of land changes
constantly based on many factors.
Properties considered undesirable at one
time may be sought after as circumstances
change or the reverse. Value may be
primarily in the eye of the beholder and
not supported by neutral and objective
evaluation. There is no defined decline
in financial value or utility that proves an
automatic failure of this guideline.
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78 BOZEMANMT 2020 COMMUNiTY PLAN
Encouraging the most appropriate use of
land connects back to criterion 1(a) and
the growth policy and guideline 2(d) and
peculiar suitability for particular uses. The
future land use map and policies of the
growth policy should merge to establish
priorities for land use that consider
whether a given location is genuinely
unique. There are circumstances where
combinations of uses, such as high density
housing close to employment, community
amenities, and transportation, reinforce
each other.
PUBLIC REVIEW AND HEARING PROCEDURES
An amendment to the zoning text or map can
be initiated by a property owner or by the City
Commission. Division 38.260, BMC has the
requirements for initiating an amendment. A
general outline of the public hearing process for
an application follows. As a legislative process,
the City Commission has discretion in making their
decision.
An important part of the amendment review
process is the opportunity to offer comments on
the proposal. Any interested person or group
may give comments. The public hearing process
formally provides this opportunity. Persons for,
against, or merely seeking information about the
proposal may submit comments to the appointed
or elected officials who must review the request.
The required public hearings on a zoning
amendment are by the Zoning Commission and
the City Commission. The Zoning Commission
gives a recommendation to the City Commission
regarding the proposed amendment’s compliance
with the review criteria. The typical format for a
public hearing on a zoning amendment follows:
1. The public hearing is advertised as required
by state law and Division 38.220 of the City
of Bozeman Municipal Code. Written public
comments may be submitted to the City
prior to the beginning of the public hearing.
2. The public hearing will be conducted at the
time and place advertised.
3. A report on the review by the Department
of Community Development, including
an analysis of compliance with the
growth policy, review criteria, and a
recommendation of approval or denial is
provided.
4. Presentation by applicant and applicant’s
representative(s). In the event the
amendment is initiated by the City, this is
usually the same as step 3 above.
5. Questions from the City Commission or
Zoning Commission to staff or applicant
6. The public hearing is opened with persons
able to speak for, against, or to seek
additional information from the applicant
or staff. A time limit may be established
for each speaker. Commenters may also
submit comments in writing. The public is
encouraged to provide in their comments
a factual basis related to specific review
criteria for their support or opposition to an
amendment.
7. When all persons have had opportunity to
speak, the public hearing will be closed and
the City Commission or Zoning Commission
will then return discussion of the project
to themselves. They will evaluate the
application materials, the staff report, public
written and spoken testimony, and the
amendment review criteria and procedures.
The City Commission or Zoning Commission
may inquire of staff, applicants, or the public
for clarification or additional information in
order to complete their evaluation.
8. A majority of a Zoning Commission quorum
is adequate to render a decision. The Zoning
Commission forwards a recommendation to
the City Commission.
9. After the City Commission has conducted
their public hearing, they make their decision
on the record established during the public
hearing. This includes the application
materials, staff report, Zoning Commission
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BOZEMANMT 2020 COMMUNiTY PLAN 79
recommendation, public comments, and all
other relevant material presented during the
review.
10. When the City Commission has rendered
their decision the process for a formal two-
step ordinance adoption as required in state
law is required before any amendment is
final.
An approval or denial of amendment may be
appealed to District Court after a final decision
has been rendered. Appeals are subject to the
requirements of state law.
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This brochure is provided as a guide to assist you in the preparation of your application for a Zoning Text Amendment or Zoning Map Amendment, in addition to explanation of the application process.
WHAT IS ZONING?Zoning is the delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings. Zoning is used to seek the maximum benefit of the community as a whole.
WHAT ARE ZONING TEXT AMENDMENTS AND ZONING MAP AMENDMENTS?These amendments are procedures where you may request a modification of City regulations.· A Zoning Text Amendment, also called a Unified Development Ordinance (UDO) Text Amendment, requests a change in the regulations governing the division, use, placement, spacing or size of land and buildings. Changes apply everywhere subject to the revised regulation.
· A Zoning Map Amendment requests a change in the boundary of a zoning district.
WHEN IS A UDO TEXT AMENDMENT OR ZONING MAP AMENDMENT REQUIRED?· A UDO Text Amendment is required when information is modified, added or deleted from the text of the Unified Development Ordinance.
· A Zoning Map Amendment is required whenever a parcel of land is annexed to the City and an urban zoning designation must be assigned, or when a parcel of land is changed from one growth policy land use designation to another, for example from residential to commercial.
WHAT INFORMATION IS REQUIRED?Application Form Visit the City of Bozeman Department of Community Development (DCD) to determine if your proposal would require a UDO Text Amendment and/or Zoning Map Amendment. A staff member will review your proposal and answer any of your questions.
If a UDO Text or Zoning Map Amendment is necessary, you will need to prepare all the required application materials and submit your application and fees.
WHAT IS THE APPLICATION PROCESS?Staff Review When your application is submitted to the DCD it will be assigned to a staff planner. The staff planner will review your application for compliance with the Zoning Text Amendment and Zoning Map Amendment criteria. Your application will also be routed to the Development Review Committee (DRC) and any other necessary agencies or boards for their review.
Public Meetings and Public Hearings Public meetings and public hearings are an important part of the process. Public meetings provide the public with an opportunity to listen to discussions regarding the proposal. Public hearings give citizens a chance to comment verbally or in writing on proposed amendments. · For Zoning Map Amendment requests, a notice of public hearing will be sent to property owners within 200 feet of your site and will be posted at the subject site.
· For UDO Text Amendments and Zoning Map Amendments, notice of public meetings will be published in the newspaper. The notice will inform the public of the date, time and place of the meetings before the DRC, along with the date, time and place of public hearings before the Bozeman Zoning Commission, Planning Board (if necessary) and the City Commission.
Zoning Commission and Planning Board Once the DRC has reviewed your proposed Zoning Text Amendment or Zoning Map Amendment, the project planner will prepare a staff report which incorporates the comments of each of the agencies involved in the review process. This report is then presented to the Bozeman Zoning Commission who is responsible for recommending approval or denial of the proposed amendment after considering the information in the staff report and any testimony given at the public hearing. This recommendation is then forwarded to the City Commission.
If a UDO Text Amendment involves provisions related to the subdivision of land, the proposal must be reviewed by the Planning Board in addition to, or perhaps instead of, the Zoning Commission.
City Commission The City Commission is the final decision making authority for UDO Text Amendments and Zoning Map Amendments. The Commission will consider the information presented in the Zoning Commission/Planning Board staff report and any
Zoning Text and Zoning Map Amendments
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City of Bozeman Department of Community Development20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Zoning Text and Zoning Map Amendments \\ 2
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testimony provided at the public hearing(s). The Commission will then act upon your application or continue the item to their next meeting in order to reach a final decision.
The UDO Text Amendment or Zoning Map Amendment process usually takes eight to twelve weeks from the time an application is filed until a preliminary decision is reached by the Commission.
Project ApprovalIf the City Commission approves your UDO Text Amendment or Zoning Map Amendment, an adopting ordinance must be prepared and approved by the City Commission. Your approval becomes effective 30 days after the Commission’s second reading of the ordinance.
WHAT ARE THE REVIEW CRITERIA?Both UDO Text Amendments and Zoning Map Amendments are evaluated against the following review criteria:· Is the new zoning designed in accordance with the growth policy? How?
· Will the new zoning secure safety from fire and other dangers? How?
· Will the new zoning promote public health, public safety and general welfare? How?
· Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?
· Will the new zoning provide reasonable provision of adequate light and air? How?
· Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
· Does the new zoning promote compatible urban growth? How?
· Does the new zoning promote the character of the district? How?
· Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
· Was the new zoning adopted with a view to conserving the values of buildings? How?
· Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
If a UDO Text Amendment involves provisions related to the subdivision of land, the following criteria must also be evaluated:· Is the new zoning designed in accordance with the growth policy? How?
· Will the new zoning secure safety from fire and other dangers? How?
· Will the new zoning promote public health, public safety and general welfare? How?
UDO Zoning Text and Zoning Map Amendments Application Process
Timelines are approximate and subject to scheduling constraints.
Application Deemed INCOMPLETE
Application Returned to the Applicant
Application Deemed COMPLETE OR
STEP 1Application Submitted to City of Bozeman Department of Community Development
STEP 2 - STAFF REVIEW
· Staff will review the application for compliance to the outlined criteria.
· Application is routed to DRC and any other agencies or boards for their review.
STEP 3· Public Notices
STEP 4 - ZONING COMMISSION AND PLANNING BOARD
· Public Meetings and Public Hearings
· Staff report incorporates the comments of each agency and/or board involved in the review process.
· Bozeman Zoning Commission reviews and will recommend approval or denial.
STEP 5 - CITY COMMISSION
· The City Commission considers all information and approves or denies.
· One or more meetings may be required.
STEP 6 - PROJECT APPROVAL
· If approved, an adopting ordinance must be prepared and approved by the City Commission.
· Approval becomes effective 30 days after the City Commissions second reading of the ordinance.
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City of Bozeman Department of Community Development20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Zoning Text and Zoning Map Amendments \\ 3
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· Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements? How?
· Will the new zoning provide reasonable provision of adequate light and air? How?
· Will the amendment provide for the orderly development of the jurisdictional area? How?
· Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing and planned? How?
WHAT IS A PROTEST PROVISION FOR ZONING MAP AND TEXT AMENDMENTS?In the case of a protest against a proposed Zoning Map Amendment, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the City Commission.
QUESTIONS? NEED MORE INFORMATION? CONTACT:City of Bozeman Department of Community Development20 East Olive Street - P.O. Box 1230Bozeman, MT 59771-1230Phone: 406-582-2260 / TDD: 406-582-2301Fax: 406-582-2263www.bozeman.net/planning
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:South 3rd Avenue Annexation and Zone Map Amendment for the
Establishment of a Zoning Designation of R-3 for a property Addressed at
2303 South 3rd Avenue and generally located one-quarter mile south of the
Kagy and Wilson; Application 21161.
MEETING DATE:January 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21161 and move to recommend
approval of the South 3rd Avenue Zone Map Amendment, with
contingencies required to complete the application processing.
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:The applicants and property owners, CBJ, LLC, submitted application to
annex a 1.17 acre parcel into the City limits and establish initial zoning of R-
3, Residential Medium Density. The property is currently zoned “Public
Lands” within the county and hosts a single-household structure with
associated out buildings. Nearby municipal zoning includes Residential
Single-Household Low Density (R-1).
The Bozeman City Commission approved a modification of the Future Land
Map on December 7, 2021 to change the Future Land Use designation from
Public Lands to Urban Neighborhood. Final adoption of Resolution No. 5367
is scheduled on January 4, 2022 as described in Application 21309. The R-3
(Residential Medium Density District), serves to implement the Urban
Neighborhood classification.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
53
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
21161 S 3rd ZMA ZC SR.pdf
A1_093021.pdf
NARRATIVE092721.pdf
ANNEX.pdf
ZMA.pdf
COS_3052.pdf
N1_032921.pdf
Report compiled on: December 28, 2021
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Page 1 of 24
21161 Staff Report for the South 3rd Avenue Annexation & ZMA
Public Hearings: Community Development Board (map amendment only) January 3, 2022
City Commission (Annexation and map amendment) February 1, 2022
Project Description: Annexation of 1.17 acres and amendment of the City Zoning Map for
the establishment of a zoning designation of R-3 (Residential Medium Density).
Project Location: 2303 South 3rd Avenue and more accurately described as Tract 1 of
Certificate of Survey 3052, located in the Northeast One-Quarter (NE ¼) of Section
24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County,
MT. The annexation and zone map amendment would also apply to the street adjacent
to the property.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 21161 and move to
recommend approval of the South 3rd Avenue Zone Map Amendment, with
contingencies required to complete the application processing.
Report: December 22, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report only addresses the zoning amendment as the Zoning Commission only
considers the zone map amendment. A revised report addressing both the annexation and the
zoning amendment will be made available prior to the City Commission hearing on the
application.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
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Project Summary
The applicants and property owners, CBJ, LLC, seek to annex 1.17 acre parcel into the City
limits and establish initial zoning of R-3, Residential Medium Density. The property is
currently zoned “Public Lands” within the county and hosts a single-household structure with
associated out buildings. Nearby municipal zoning includes Residential Single-Household
Low Density (R-1).
Please note that the map exhibit states R-5 is requested while the narrative and application
states R-3. R-3 is the correct zoning designation. If approved, the contingencies require the
map exhibit to be corrected prior to final action.
The Bozeman City Commission approved a modification of the Future Land Map on December
7, 2021 to change the Future Land Use designation from Public Lands to Urban Neighborhood.
Final adoption of Resolution No. 5367 is scheduled on January 4, 2022 as described in
Application 21309. The R-3 (Residential Medium Density District), serves to implement the
Urban Neighborhood classification.
The adjacent South 3rd Avenue road rights-of-way will be annexed with this application.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
Zoning Commission
The Zoning Commission will hold a public hearing on January 3, 2022 before making a
recommendation on the proposed zoning.
Zoning Commission Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
Zoning Commission Alternatives ....................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 3 – ADVISORY COMMENTS .............................................................................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9
Spot Zoning Criteria ......................................................................................................... 19
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 21
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 22
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 24
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
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SECTION 1 - MAP SERIES
Project Vicinity Map (2021 air photo)
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Project Vicinity Map (2021 air photo)
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Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map –
Subject property is designated as Urban Neighborhood
Urban
Neighborhood
Community
Commercial
Mixed-Use
Parks and
Open
Lands
Public
Institutions
Community
Commercial
Mixed Use
Parks &
Open
Lands
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Project Vicinity Map Showing Near Vicinity Municipal Zoning
B-2
Not
annexed R-3
R-1
PL
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the Annexation Agreement is not approved, the Zone Map
Amendment application is null and void.
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “South 3rd Avenue Zone Map Amendment”. The
map exhibit must be revised to state R-3 zoning designation.
3. The applicant must submit a zone amendment map, titled “South 3rd Avenue Zone
Map Amendment”, as PDF and a digital copy of the area to be zoned, acceptable to the
Director of Public Works, which will be utilized in the preparation of the Ordinance
to officially amend the City of Bozeman Zoning Map. The map must contain a metes
and bounds legal description of the perimeter of the subject properties, zoning district,
and total acreage of the property.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 – ADVISORY COMMENTS
1. 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.
2. Upon future development of the parcel, the transfer of water rights or the payment of cash-
in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the annexation. The DRC did not
make a formal recommendation and did not express concerns with annexation of the
property.
The City Commission will hold a public meeting on the annexation on February 1, 2022. 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 South 3rd Avenue Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 21161.
The Development Review Committee (DRC) considered the amendment. The DRC identified
did not identify any infrastructure or regulatory constraints that would impede the approval of
the Zone Map Amendment application.
The Zoning Commission will hold a public hearing on this ZMA on January 7, 2022 and will
forward a recommendation to the City Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on February 1,
2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
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In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Urban Neighborhood through the recent modification of the FULM to
correctly designate the FLU of the property. The Urban Neighborhood designation description
reads:
“This category primarily includes urban density homes in a variety of types, shapes, sizes,
and intensities. Large areas of any single type of housing are discouraged. In limited
instances, an area may develop at a lower gross density due to site constraints and/or natural
features such as floodplains or steep slopes. Complementary uses such as parks, home-
based occupations, fire stations, churches, schools, and some neighborhood-serving
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commerce provide activity centers for community gathering and services. The Urban
Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the R-3 district is an implementing district of the Urban
Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy has not been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. It is
inconsistent with this approach to zone at annexation for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify any
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individual district but does lean towards the more intensive portion of the zoning district
spectrum.
The Applicant provided an argument that, …”the area reflects a need for a higher density
residential development to help meet the growing housing needs of the area by investing the
construction infill with an established highly used area of the city. Higher density is also
supported by the access to commercial and university nodes to the north.” No further analysis
of how the proposed R-3 zoning in conformance with the growth policy was provided.
Therefore, staff submits additional analysis for consideration and includes specific goals and
policy’s the amendment furthers.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested R-3 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Municipal infrastructure is installed in the adjacent roadway and has capacity
accommodate additional development.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates
one of a number of isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property, for all intent and purpose, is wholly surrounded by the City. The property is
seeking annexation and municipal zoning for the purpose of maintaining and possibly
expanding the use and intensity of the site. The application is in accordance with the growth
policy.
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B. Secure safety from fire and other dangers.
Yes. The existing building, constructed in circa 1905, is of unknown quality, fire, and safety
measures. Any renovations, expansions, or removal and replacement must meet the
development standards of the City and, in some cases, might require retrofitting to ensure the
building is safe for occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach
of the Fire Department. Fire protection water supply will be provided by the City of Bozeman
water system. The property is not within any delineated floodplain. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance. The initial zoning of R-3 is not likely to adversely impact safety from fire and
other dangers. The property will be required to conform to all City of Bozeman public safety,
building and land use requirements. The City provides emergency services to adjacent
properties and there will be no difficulty extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected as the proposed annexation will allow the existing structure to connect to
the City sewer system, thereby removing a septic system and lessening resulting groundwater
discharge.
As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum 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.
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For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed by
new development. The City implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction. Private development must demonstrate compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review
procedure and compliance with all of the applicable requirements and development
standards of this chapter and other applicable policies, laws and ordinances. It is also
not a guarantee of immediate infrastructure availability or a commitment on the part
of the city to bear the cost of extending services.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property in the South 3rd Avenue right-of-way and the terms of
annexation require the applicant to connect to municipal services and install any facilities
required to provide full municipal services to the property. The property is accessed from
South 3rd Avenue (collector). Park dedication is not required at this time. However, if
additional residential units are constructed on the site parkland dedication, improvements or
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cash-in-lieu, or a combination thereof may be required. Any future development of the property
will be evaluated for additional required improvements during the plan review process.
E. Reasonable provision of adequate light and air.
Yes. The R-3 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot coverage,
and buffering. The existing structures within the city limits, at a minimum, are more than 45
feet from the property boundary.
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.
Yes. The proposed R-3 zoning designation will have a positive effect on the City’s motorized
and non-motorized transportation systems. The existing site was not required to update the
adjacent roadway to a complete street city standard that includes pedestrian, bicycle,
stormwater, and other transportation and safety measures. Annexation and future development
will require these minimum standards to be constructed improving the transportation system
and safety for all users.
The intersection at Kagy Boulevard and Wilson is fully built out although the road surface
needs attention. Kagy Boulevard is a Montanan Department of Transportation roadway.
Terms of annexation require dedication of right-of-way along South 3rd Avenue necessary for
completion of a Collector cross section roadway. Collector streets require 90 feet of right-of-
way.
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
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G. Promotion of compatible urban growth.
Yes. Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMC to establish
a common reference for consideration of this criterion and application of development
standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
The proposed R-3 district is a predominantly residential district. The allowed uses for
residential districts are set in section 38.310.030. The proposed zoning allows more density
than is currently built in the vicinity and in character because the primary and intended use of
the R-3 district is residential as neighboring properties. However, as discussed in criterion H
below, the existing development is well below permitted intensity. The proposed amendment
is associated with an annexation creating continuity between the existing and surrounding uses.
Staff concludes R-3 zone is compatible and is urban growth as called for in the growth policy.
See also discussion for Criteria A & H.
H. Character of the district.
Yes. The proposed R-3 zoning promotes the character of the district as the intent of the
Residential Moderate Density district is to “… provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development
constraints.” Surrounding properties are low-density single-household residential. Adjacent
properties in the City are zoned R-1. The property directly across South 3rd is zoned Residential
Suburban (R-S) in the County and the property to the north which assorted with the Museum
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of the Rockies is zoned Public Lands and Institutions. The proposed R-3 zoning designation is
consistent with the character of the neighborhood as well as existing development on the
property.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the R-3 district to be compatible with adjacent development and uphold the character of the
area. Below is an excerpt from the Residential Density map supported by the City GIS
Department. It shows adjacent properties, including the Overbrook condominiums to the west,
are developed at approximately 4-6 dwellings units per acre. If developed as the R-3 district
allows future development would be at a higher density that the existing neighborhood
although, due to other adopted standards, would be compatible.
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Living unit density map
I. Peculiar suitability for particular uses.
Yes. The property is located in an area of single-household residential development which is
suitable for uses allowed in the R-3 zoning district. The existing use of the property is
residential. Future development, if constructed, would likely increase the number of houses on
the site. Building heights, building setbacks, drive accesses, parking, open space requirements,
and parkland will limit the maximum density the site can support. It is not possible to calculate
a maximum number of dwelling units that can be constructed on the site without significant
assumptions that are not realistic in context. For example, current building codes allow a
habitable residential structure to be as little as 250 square feet. One parking space under the
City’s current parking standard consumes 162 square feet. The proposed drive isle will
consume approximately 5,520 square feet of surface area. Assuming structured parking facility
will not be used we typically see residential densities from 5 to 12 homes per net acre.
The proposed R-3 zoning designation is suitable for the current use of the property.
The applicant provided a statement addressing this criterion stating that, “all the uses within
R-3 would fit the transitional “fringe” nature of the lot.”
J. Conserving the value of buildings.
Yes. There is an existing single-household residential structure with a variety of other
outbuildings in an area of compatible residential land uses. The proposed R-3 zoning
designation will allow for similar land use patterns and will thus conserve the value of
buildings in the area.
Any future development on the property will be subject to standards in the R-3 zoning district
which will ensure the conservation of adjacent building values including but not limited to
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standards set forth in the Unified Development Code for fire safety, setbacks, buffers and
building heights, which will help alleviate any potential negative impacts to the values of
adjacent buildings as a result of future development on the subject property. Therefore, this
criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for residential uses. The
proposed R-3 zoning designation will encourage the most appropriate use of land as the
property is surrounded by lower density residential development, which is consistent with the
R-3 designation. Furthermore, the proposed R-3 zoning designation is consistent with the
Bozeman Community Plan’s future land use map designation of “Urban Neighborhood.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
No. The R-3 zoning designation is primarily residential, as with the R-1 and R-2 districts, near
service facilities with the city. The historic and current is residential. The current use was
established in 1905. The neighboring properties were developed from 1960 and on and Figgins
Addition Subdivision being created and annexed in 1972 when Bozeman’s population was
18,670. The stated purpose of the R-3 district is to provide for a variety of housing types,
including single household dwellings, two to four household dwellings, and townhouses to
serve the varied needs of households of different size, age and character, while reducing the
adverse effect of non-residential uses which is similar to neighboring properties.
Therefore, staff finds that this criterion is not met.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with annexation of the
single 1.02 acre property. Although the City supports multiparty annexation applications,
landowner annexation of single properties are the most frequent annexations. The applicant
did approach the adjacent property to the east across South 3rd Avenue but there was no
response to the request for a conversation.
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As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
general public. As discussed above in the various review criteria above, no substantial negative
impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in 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.
The City Commission has adopted legal documents by which land uses and development
patterns are determined within city limits. The Unified Development Code (UDC), along with
the growth policy (BDC 2020) provide the guiding framework that governs what growth looks
like in our community. These documents go through numerous iterations as the knowledge and
understanding of development principles evolve, and as the needs of our community change.
The UDC establishes technical requirements that dictate the layout of subdivisions, the
placement and height of buildings, the width of driveways, allowable land uses, and a plethora
of other development requirements that shape the fabric of the community, and protect the
safety of its members. The growth policy is a visionary document that contains the long term
goals of the City for the next 20 years. These goals were crafted based on current growth and
development trends, contemporary planning theory, and through a robust public engagement
process that spanned the course of several years.
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The layered dynamic of the two policy documents creates the ability for our community to
begin with large scale ideas about community growth and 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 Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on December 19 and 26, 2021. The site
was posted on site and notices mailed by the applicant as required by 38.220 and the required
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confirmation provided to the Planning Office. Notice was or will be provided at least 15 and
not more than 45 days prior to any public hearing.
As of the writing of this report on December 27, 2021, no written comments have been received
on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
1. URBAN NEIGHBORHOOD.
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation indicates
that development is expected to occur within municipal boundaries. This may require
annexation prior to development. Applying a zoning district to specific parcels sets the required
and allowed density. Higher density residential areas are encouraged to be, but are not required
or restricted to, proximity to commercial mixed use areas to facilitate the provision of services
and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-3, “Residential Moderate Density” in association with
the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development
Code, “The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. This purpose is accomplished by: (1) providing for minimum lot sizes in developed
areas consistent with the established development patterns while providing greater flexibility
for clustering lots and mixing housing types in newly developed areas and (2) providing for
a variety of housing types, including single household dwellings, two to four household
dwellings, and townhouses to serve the varied needs of households of different size, age and
character, while reducing the adverse effect of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
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The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of R-3 correlates with the Growth Policy’s future land use designation of
“Urban Neighborhood”.
Authorized uses in Residential districts are detailed in section 38.310.030.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: CBJ, LLC, PO Box 327, Bozeman, MT 59771
Applicant: Plum Design Lab, 875 Bridger Drive, Suite F, Bozeman, MT 59715
Representative: Stahly Engineering & Associates, 851 Bridger Drive, Suite 1, Bozeman, MT
59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
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