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20132 Staff Report for the Billings Clinic Annexation & ZMA
Public Hearings: Community Development Board (map amendment only) January 24, 2022
City Commission (Annexation and map amendment) February 8, 2022
Project Description: Annexation of 4.239 acres and amendment of the City Zoning Map for
the establishment of a zoning designation of B-2 (Community Business District)
Project Location: The property is generally located on the east side of Davis Lane, south of
the intersection of Davis Lane and Westlake Road. The legal description of the
property is Lot 2A-1 of Minor Subdivision 221F, Bozeman, 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 20132 and move to
recommend approval of the Billings Clinic Zone Map Amendment, with contingencies
required to complete the application processing.
Report: January 20, 2022
Staff Contact: Jacob Miller, Associate 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, Billings Clinic, seek to annex 4.239 acre parcel into the
City limits and establish initial zoning of B-2, Community Business District. The property is
currently zoned “Agricultural Suburban” within the county and is currently used as agricultural
land.
The adjacent Davis Lane 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 24, 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.
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 3 of 22
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 ......................................................................................................... 16
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 18
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 19
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 19
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 4 of 22
SECTION 1 - MAP SERIES
Project Vicinity Map - Zoning
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Project Vicinity Map – Current Land Use
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Project Vicinity Map - Community Plan 2020 Future Land Use Map
Parks and
Open
Lands
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Zone Amendment Map
Not
annexed R-3
R-4
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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 “The Billings Clinic Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “The Billings Clinic Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, 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. BMC 38.410.130 – An additional transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights will likely be required upon future development.
3. Prior to future development or redevelopment the applicant should contact Northwestern
Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions
with NWE suggests the presents of a high pressure gas main in the vicinity.
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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 8, 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 Billings Clinic 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 20132.
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 24, 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 8,
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.
This criterion is met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for
Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304
MCA are applied locally. Application of the criteria varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a
zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application 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 Regional Commercial and Services through the recent modification of the
FLUM to correctly designate the FLU of the property. The Regional Commercial and Services
designation description reads:
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these
developments, location, and transition between lower-density uses is important.
Residential space should be located above the first floor to maintain land availability for
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necessary services. Development within this category needs well-integrated utilities,
transportation, and open space networks that encourage pedestrian activity and provide
ready-access within and adjacent to development. Large community scale areas in this land
use category are generally 75 acres or larger and are activity centers for several surrounding
square miles. These are intended to service the overall community as well as adjacent
neighborhoods and are typically distributed by a one-to two-mile separation.”
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 B-2 district is an implementing district of the Regional
Commercial and Services.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Relevant
goals and objectives have been identified by staff. Conflict with the text of the growth policy
has not been identified.
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 B-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. 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 property is contiguous on the east and south property lines and will allow for the
expansion of the Billings Clinic Campus. The relatively small property size can be
conferred as incremental expansion.
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RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is contiguous on the east and south property lines.
B. Secure safety from fire and other dangers.
This criterion is met. 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 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. Many of the uses allowed within the requested B-2 zoning generally require
additional fire protection systems such as sprinklers.
C. Promote public health, public safety, and general welfare.
This criterion is met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the Bozeman Community Plan. The Billings Clinic
will provide essential medical services to the City and the region as a whole.
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.
This criterion is met. 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 Davis Lane 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.
E. Reasonable provision of adequate light and air.
This criterion is met. The B-2 zoning designation has requirements for setbacks, height, and
lot coverage, which provide for the reasonable provision of adequate light and air. Any future
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development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
This criterion is met. The proposed B-2 zoning designation will have a positive effect on the
City’s motorized and non-motorized transportation systems. The adjacent right of way of Davis
Lane will be included in the annexation of the property and will require that future
developments on the property will construct their portion to City street section standards.
Annexation and future development will require these minimum standards to be constructed
improving the transportation system and safety for all users.
Terms of annexation require dedication of right-of-way along Davis Lane necessary for
completion of a Collector cross section roadway. Minor Arterial streets require 100 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 protest special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
G. Promotion of compatible urban growth.
This criterion is met. 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
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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 B-2 zoning is primarily a commercial district that allows for some accessory
residential uses. The inclusion of this property into City limits and the accompanied zoning
will provide additional land to be developed for the Billing Clinic campus which will provide
regional medical services immediately adjacent to an R-4 district and other higher density
residential zones. The close proximity has the ability to provide an area with many employment
opportunities near high density neighborhoods.
The close proximity to main corridors and I-90 will allow convenient access from within the
City and the greater region, reducing the impact on existing infrastructure. This area of
Bozeman is burgeoning into a major commercial center with a variety of goods, services, and
employment opportunities which are compatible with the zoning proposed with this
application.
H. Character of the district.
This criterion is met. The intent of the B-2 district is “..to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides
by limited access arterial streets.” The proposed zoning for this property furthers the goals of
the B-2 district by providing the supportive commercial uses adjacent to other commercial
areas and along a minor arterial.
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.
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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 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 B-2 district to uphold the character of the area.
I. Peculiar suitability for particular uses.
This criterion is met. The property is located in a rapidly developing commercial center
surrounded by high density residential developments. The property is located along a main
arterial which is supported in the intent statement of the B-2 district as well as within the
Bozeman Community Plan 2020. The area is well suited for the addition of B-2 zoning.
J. Conserving the value of buildings.
This criterion is met. Any future development on the property will be subject to standards in
the B-2 zoning district which will ensure the conservation of adjacent building values including
but not limited to standards set forth in the Unified Development Code for fire safety, setbacks,
buffers and building heights, which will help alleviate any potential negative impacts to the
values of adjacent buildings as a result of future development on the subject property.
Therefore, this criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
This criterion is met. As discussed in Criteria A above, this property has been planned for
commercial uses. The proposed B-2 zoning designation will encourage the most appropriate
use of land as the property is surrounded the rest of the Billing Clinic development to the east
and residential developments to the south which will support additional commercial
development. Furthermore, the proposed B-2 zoning designation is consistent with the
Bozeman Community Plan’s future land use map designation of “Regional Commercial and
Services.”
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.
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1. Is the proposed use significantly different from the prevailing land uses in
the area?
This criterion is not met. The B-2 zoning designation is primarily commercial and will be
incorporated into the existing B-2 zoning that is adjacent to the east. The developments to the
south are primarily higher density residential which are different than the proposed B-2 but
development standards and regulations prevent any potential hazards between differing
districts. This proximity is seen throughout the City.
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?
This criterion is met. The application is submitted by one landowner in conjunction with
annexation of the single 4.239 acre property. Although the City supports multiparty
annexation applications, landowner annexation of single properties are the most frequent
annexations.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
This criterion is not met. 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 any buildings.
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
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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.
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
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 19 of 22
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 January 9th, 16th, and 23rd, 2022.
The site was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was or will be provided at least
15 and not more than 45 days prior to any public hearing.
As of the writing of this report on January 20, 2022, 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 “Regional Commercial and Services” in the Bozeman
Community Plan 2020.
1. Regional Commercial and Services.
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these developments,
location, and transition between lower-density uses is important. Residential space should be
located above the first floor to maintain land availability for necessary services. Development
within this category needs well-integrated utilities, transportation, and open space networks
that encourage pedestrian activity and provide ready-access within and adjacent to
development. Large community scale areas in this land use category are generally 75 acres or
larger and are activity centers for several surrounding square miles. These are intended to
service the overall community as well as adjacent neighborhoods and are typically distributed
by a one-to two-mile separation.”Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, “Community Business District” in association with
the annexation of the property. According to Sec. 38.300.100.B. of the Unified Development
Code, “The intent of the B-2 community business district is to provide for a broad range of
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 20 of 22
mutually supportive retail and service functions located in clustered areas bordered on one
or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and
apartments are allowed as a secondary use due to their complementary nature and ability to
enhance the walkability of these districts. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes, and/or areas served by transit.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2 correlates with the Growth Policy’s future land use designation of
“Regional Commercial and Services.”
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 21 of 22
Page 58 of the BCP 2020 – Implementing zoning districts for FLUM designations
Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 22 of 22
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101
Applicant: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101
Representative: Sanderson Stewart, 1300 North Transtech Way, Billings, MT 59102
Report By: Jacob Miller, Associate 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 digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #20132, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=210944&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-132
Application materials