HomeMy WebLinkAbout01-24-22 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 January 3, 2022 (Happel)
E.Public Comments
F.Action Items
F.1 Riverside Annexation and Zone Map Amendment Establishing Initial Zoning of R-1,
Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD Special meeting of the Community Development Board. AGENDA
Monday, January 24, 2022
1
on Approximately 57.5 Acres Located North of the E. Gallatin River and on Either Side of
Spring Hill Road, Application 21-426(Saunders)
F.2 2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map from R-4 High
Density Residential to B-3 Downtown Business District on 0.98 Acres Located at 217 W
Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Application 21356(Saunders)
F.3 Application 20132, Billings Clinic Annexation and Zone Map Amendment Requesting 4.239
Acres of B-2 Zoning, Located Southeast of the Intersection of Davis Lane and Westlake
Road(Miller)
F.4 Application 20132, Billings Clinic Annexation and Zone Map Amendment Requesting 4.239
Acres of B-2 Zoning, Located Southeast of the Intersection of Davis Lane and Westlake
Road(Miller)
G.FYI/Discussions
G.1 Upcoming Meeting Items February 7, 2022 (Saunders)
G.2 Community Development Submitted Projects Report (Saunders)
G.3 Community Development Submitted Projects Report (Bentley)
H.Adjournment
For more information please contact Anna Bentley, abentley@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).
2
Memorandum
REPORT TO:Community Development Board
FROM:Taylor Chambers - Community Development Technician III
SUBJECT:Approval of Minutes from January 3, 2022
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from January 3, 2022
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 01-03-22 DRAFT.pdf
Report compiled on: January 18, 2022
3
Bozeman Community Development Meeting Minutes, 01-03-22
Page 1 of 4
THE CCOMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 3, 2022
A) 00:03:50 Call to Order - 6:00 pm
Present: Nicole Olmstead, Henry Happel, Jennifer Madgic, Padden Murphy, Stephen Egnatz, John
Backes, Allison Bryan, Brady Ernst
Absent: Jerry Pape
B) Disclosures
C) 00:04:45 Changes to the Agenda
D) 00:04:57 Approval of Minutes
D.1 Approval of Minutes from December 20, 2021
CD Board Meeting Minutes 12-20-21 DRAFT.pdf
00:05:06 Motion D) Approval of Minutes with corrections
Henry Happel: Motion
Jennifer Madgic: 2nd
00:06:10 Vote on the Motion to approve D) Approval of Minutes with corrections. The Motion carried 8 -
0
Approve:
Nicole Olmstead
Henry Happel
Jennifer Madgic
Padden Murphy
Stephen Egnatz
John Backes
Allison Bryan
Brady Ernst
4
Bozeman Community Development Meeting Minutes, 01-03-22
Page 2 of 4
Disapprove:
None
E) 00:06:29 Public Comments
Present: Nicole Olmstead, Henry Happel, Jennifer Madgic, Jerry Pape, Padden Murphy, Stephen
Egnatz, John Backes, Allison Bryan, Brady Ernst
Absent: None
Mary Wictor (1504 boyland rd) commented on zone map amendment uses.
F) 00:28:38 Action Items
F.1 00:28:40 Training on Review of Zone Map Amendments
CD Training 1-03-2022 memo.pdf
BCP_2020_Zoning_Reference.pdf
ZoningTextandMapAmendments.pdf
Hinds decision - ORDERREMOTIONSFORSUMMARYJUDGMENT.pdf
00:28:44 Staff Presentation
Planner Chris Saunders provided a training on the Zone Map Amendment Review Process.
01:28:33 Board Questions
Board members directed questions to staff.
F.2 01:31:33 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.
21161 S 3rd ZMA ZC SR.pdf
A1_093021.pdf
NARRATIVE092721.pdf
ANNEX.pdf
ZMA.pdf
COS_3052.pdf
N1_032921.pdf
01:32:13 Disclosures
Board member Pape commented that he has regular contact with the applicant, but has not discussed
the application with them.
01:33:13 Staff Presentation
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Bozeman Community Development Meeting Minutes, 01-03-22
Page 3 of 4
Planner Tom Rogers presented to the Board the South 3rd Avenue Zone Map Amendment and
recommended that the application met criteria for approval.
01:45:52 Board Questions
Board members did not have questions for staff.
01:46:07 Applicant Presentation
Cole Robertson provided a presentation on behalf of the applicant.
02:01:50 Board Questions
Board members did not have questions for the applicant.
02:02:09 Public Comment Opportunity
Carol Anderson commented in opposition of the application.
Julien Morice commented in favor of the application.
William Klenn (408 Overbrook Dr.) commented in opposition of the application.
Jacob Klatt (15416 Kelley Canyon Rd.) commented in favor of the application.
02:23:47 Applicant Response to Public Comment
The applicant reminded the Board and the public that the application before the Board was for zoning,
not a development.
02:24:30 Board Questions
Board members directed questions to staff and the applicant.
02:28:12 Board Discussion
02:28:39 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.
Nicole Olmstead: Motion
Padden Murphy: 2nd
Board member Olmstead spoke to her motion.
Board member Murphy spoke to his second.
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Bozeman Community Development Meeting Minutes, 01-03-22
Page 4 of 4
Board member Ernst commented in favor of the application.
Board member Egnatz spoke in favor of the application.
Board member Pape requested that staff provide further clarification on the distinction between R-2
and R-3 Zoning.
Commissioner Madgic commented in favor of the application.
Board member Bryan commented in favor of the application.
Board member Pape commented in favor of the application.
Chairman Happel commented in favor of the application.
02:52:04 Vote on the Motion to free form 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. The Motion carried 9 -
0
Approve:
Nicole Olmstead
Henry Happel
Jennifer Madgic
Jerry Pape
Padden Murphy
Stephen Egnatz
John Backes
Allison Bryan
Brady Ernst
Disapprove:
None
G) 02:53:16 FYI/Discussions
Planner Saunders informed the Board that Community Development Director Marty Matsen will be
leaving the City on January 14th and that Anna Bentley will be in his place in the interim.
Planner Saunders also informed Board members that January 17th is a holiday, and a special meeting
will be held on January 24th.
H) 02:55:05 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net.
General information about the Community Development Board is available in our Laserfiche repository.
7
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Deputy Director Community Development
SUBJECT:Riverside Annexation and Zone Map Amendment Establishing Initial Zoning
of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4
Residential High Density on Approximately 57.5 Acres Located North of the
E. Gallatin River and on Either Side of Spring Hill Road, Application 21-426
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21426 and move to recommend
approval of the Riverside Annexation 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:Annexation and initial zoning of all of Riverside Manor Subdivision, Riverside
Greens Subdivision and Tract 1, Tract 2, and Tract 3 of Certificate of Survey
No. 3030 and associated right of way located in portions of Sections 23, 25,
and 26, Township 1 S, Range 5 E, Principle Meridian, Gallatin County,
Montana.
The property is fully developed and is mostly homes but also includes the
main buildings for the Riverside Country Club. The applicants have requested
three different zoning districts to match the existing character and uses of
the property. See the attached staff report for further information.
The application materials are available in the City’s Laserfiche archive.
UNRESOLVED ISSUES:None
ALTERNATIVES:See attached staff report
FISCAL EFFECTS:See attached staff report
Attachments:
8
21246 Riverside Properties Annx-ZMA SR ZC.pdf
Report compiled on: January 19, 2022
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Page 1 of 28
21426 Staff Report for the Riverside Annexation and Zone Map Amendment
Public Hearing: Zoning Commission meeting is on January 24, 2022
City Commission meeting is on February 8, 2022
Project Description: Annexation of approximately 57.5 acres and amendment to the City
Zoning Map for the establishment of a zoning designation of R-1 Low Density
Residential, R-2 Moderate Density Residential and R-4 High Density Residential
Districts.
Project Location: All Riverside Manor Subdivision, Riverside Greens Subdivision and
Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right
of way located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E,
Principle Meridian, Gallatin County, Montana, and more generally located just north
of the East Gallatin River and on either side of Springhill Road.
Recommendation: Meets standards for approval
Recommended Zoning Commission Zoning 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 21426 and
move to recommend approval of the Riverside Annexation Zone Map Amendment,
with contingencies required to complete the application processing.
Report: January 19, 2022
Staff Contact: Chris Saunders, Community Development Manager
Lance Lehigh, Interim City Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. The application materials are available in the City’s Laserfiche archive.
Unresolved Issues
None known.
Project Summary
In December 2011, the Montana Department of Environmental Quality (Department)
inspected the Riverside County Water and Sewer District No. 310 (District) wastewater
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 2 of 28
facilities. The Department found deficiencies and directed their correction. In 2014, the City
Commission considered a request from the District to enter into an interlocal agreement for
the District to connect to the City's wastewater system. The City Commission determined
that annexation was a necessary part of any such agreement. In 2018, the District and the
City renewed discussions regarding an interlocal agreement.
On January 28, 2019, the City Commission adopted Resolution 4972 stating the conditions
necessary for the City Commission to consider annexation of property located within the
District. There are 12 terms and conditions included in the resolution. The first is submittal of
a petition for annexation. The required petition and supporting materials has been submitted
with the application for annexation and zoning.
This annexation is unusually complex in that it is for many properties and not all affected
property owners have signed the petition. Title 7, Chapter 2, Part 46 MCA allows for a
petition for annexation submitted by less than 100% of property owners to be submitted and
processed (see attachment). With the large number of property owners and less than 100%
petitioners the use of an Extension of Services Plan in place of an Annexation Agreement is
needed to address how municipal services will be delivered. This option is specifically
allowed under 7-2-4610, MCA.
A resolution of intent, Resolution 5354, to consider annexation of the property was adopted
by the City Commission on December 14, 2021.
The property is fully developed and is mostly homes but also includes the main buildings for
the Riverside Country Club. The applicants have requested three different zoning districts to
match the existing character and uses of the property.
Due to the unique circumstances of utility service provision for this annexation; and so many
individual ownerships of property, the City is using the Extension of Services Plan option to
meet state law requirements for review of annexation. An interlocal agreement was also
entered into with the Riverside Water and Sewer District on December 14, 2021 addressing
certain provision of services. These are addressed in further detail in the extension of service
plan and the criteria below.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 3 of 28
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - TERMS OF ANNEXATION ............................................................................ 8
SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT ...................................... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Annexation .......................................................................................................................... 8
Zone Map Amendment ....................................................................................................... 8
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .................................. 9
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 15
Spot Zoning Criteria ......................................................................................................... 23
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 25
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 26
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 28
FISCAL EFFECTS ................................................................................................................. 28
ATTACHMENTS ................................................................................................................... 28
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Page 4 of 28
SECTION 1 - MAP SERIES
Project Vicinity Map – Annexation and zoning amendment area indicated by black hatched area.
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 5 of 28
Project Vicinity Map showing Future Land Use designations from the Bozeman Community Plan 2020
14
Staff Report for the Riverside Annexation and Zone Map Amendment Page 6 of 28
Project Vicinity Map – Showing adjacent municipal zoning
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 7 of 28
Map of Existing County Zoning and Requested Municipal Zoning
16
Page 8 of 28
SECTION 2 - TERMS OF ANNEXATION
No terms of annexation are proposed. On January 28, 2019, the City Commission adopted
Resolution 4972 stating the conditions necessary for the City Commission to consider
annexation of property located within the District. There are 12 terms and conditions
included in that resolution. No further items are identified. Completion of the earlier items is
being verified.
Terms of annexation are typically identified for inclusion in an annexation agreement. As
noted in the executive summary, the City has chosen to use an Extension of Service Plan for
this application. Terms of annexation are therefore not applicable.
SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT
No contingencies are recommended with this application. All necessary steps have been
completed and Ordinance 2096 will be presented for provisional adoption by the City
Commission at their Feb. 8th meeting. Should the annexation not be approved first the zoning
amendment will not be approved.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on February 8, 2022. The
meeting will begin at 6 p.m. Information on how to attend the meeting will be included on
the agenda posted at City Hall and online at Bozeman.net
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Riverside Annexation 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 21426.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on January 24, 2022 and
will forward a recommendation to the Commission on the Zone Map amendment.
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 9 of 28
The City Commission will hold a public hearing on the annexation and the zone map
amendment on February 8, 2022. The meeting will begin at 6 p.m. Information on how to
attend the meeting will be included on the agenda posted at City Hall and online at
Bozeman.net
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion met. The property in question is contiguous to the City limits on its southern tip
through the right of way for Springhill Road. State law requires annexation of adjacent public
right of way. Exhibit B to Resolution 5355 includes the right of way and makes the Riverside
Annexation contiguous to the City.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion neutral. The subject property is not totally surrounded.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion neutral. The subject property is not presently contracting for services. Access to
sanitary sewer is the motivation for the annexation. See Goal 4.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion met. The subject property lies a small distance north of the City’s water
reclamation facility. The City and District have entered into an interlocal agreement for the
City to provide sewer service to the Riverside area. Annexation is a requirement to execution
of this agreement. The area being annexed is already developed. The Riverside area is
included within the City’s utilities planning areas as shown in the respective facility plans.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 10 of 28
Criterion met. The subject property is located within the area included in the future land use
map in the Bozeman Community Plan 2020. The residential portion of the area is shown as
Urban Neighborhood. The Riverside Country Club area is shown as Parks and Open Lands.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion met. The subject property is an unusually shaped annexation. This reflects its
character of development from initial platting in 1969 and replatting of a portion in 1978
(Riverside Greens). The property is an irregular extension given the unusual shape. However,
the location does not leave an unannexed gap between unannexed areas or create islands. The
property has a small portion contiguous to the existing City limits. The unannexed areas
adjacent east and west to the subject area are the fairways of the Riverside Country Club. The
E. Gallatin River passes through or adjacent to unannexed areas.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion neutral. The subject property is already developed with local streets from prior
subdivisions. These streets are maintained by Rural Improvement District 308. This
maintenance obligation does not change with annexation. Springhill Road provides the
primary access and crosses through the annexation area south to north. Springhill Road is
State Route 411 which is maintained by the MT Department of Transportation. Springhill
Road is classed as a minor arterial street in the City’s 2017 Transportation Master Plan.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion met. The subject property is approximately 57.5 acres and larger than the minimum
size.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion met. The subject property is within the Riverside Water and Sewer District. The
interlocal agreement between the City and the District provides for the District to continue to
provide water services to the area. Therefore, there is not a demand on the municipal water
system to be mitigated. Therefore, the City is not seeking water rights which mitigate impacts
from new connections to the municipal water system. See Policy 8 for further discussion.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
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Staff Report for the Riverside Annexation and Zone Map Amendment Page 11 of 28
Criterion met. The annexation was initiated to gain access to the City’s sewer treatment
system. As identified in the Executive Summary, annexation is a required step to gain access.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion met. Public streets and highways already serve the area. No further right of way is
being requested with this annexation. Waivers of right to protest creation of a special
improvement district to construct sewer improvements and road improvements were
provided as part of the petition for annexation. Sufficient waivers have been received to
enable the improvements to be constructed. Easement for construction of expected necessary
connections for sewers have been provided with the annexation application.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion met. The annexation application includes a request for zoning.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion met. The property is designated “Urban Neighborhood” for the residential areas
and “Parks and Open Space” for the country club. No growth policy amendment is required.
See Zoning Criterion A below.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
Criterion met. The property proposed for annexation has requested R-1, R-2, and R-4 zoning.
The necessary public hearing before the Zoning Commission is scheduled for January 24,
2022 and a recommendation will be forwarded to the City Commission before action. Action
on the annexation and the zoning are both scheduled for the same City Commission meeting
on February 8, 2022.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.300.020.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
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zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion met. The applicant has requested has requested R-1, R-2, and R-4 zoning. See
Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion met. Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion met. Primary access is provided by Springhill Road a state maintained route.
Springhill Road and the local roads connecting to it and servicing the annexing area are all
paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion met. The City has entered into an interlocal agreement with the Riverside Water
and Sewer District. In that agreement the City accepts that Riverside will continue to operate
the existing water system within the annexing area. Since this is the case, there is no
additional demand for municipal water resulting from the annexation. Therefore, the
provisions of 38.410.130.B.4 are met and no water rights are required with this annexation.
“B. Compliance with this section is triggered if the estimated increase in annual
municipal water demand attributable to the development exceeds 0.25 acre-feet after
accounting for the following items as they relate to the development:
1. Current average annual municipal metered water demand;
2. Water demand offsets from a prior payment of cash-in-lieu of water rights;
3. Water demand offsets from a prior transfer of water rights into city ownership, and;
4. Water demand offsets from an existing water adequacy agreement or similarly
purposed document.”
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Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion met. The site lies within the E. Gallatin River Drainage Basin in the City’s
wastewater facility plan. No crossing of drainage basin boundaries is required to provide
service. The City’s Water Reclamation Facility has adequate capacity to serve the annexing
area. As noted above, no water service will change with annexation. The Fire Department has
determined that adequate fire flow can be provided by the current water system.
The City’s emergency services departments have considered the annexation and can provide
adequate services. The annexing area is currently served by the Gallatin County Sheriff’s
office and Central Valley Fire Department. As required by state law, the City will assume the
responsibilities for the bond debt service attributable to this annexing area related to the
Central Valley Fire Department after annexation.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion met. City services have been requested and the annexation process is underway.
No City services are currently provided. This criteria also relates to an emergency connection
prior to the completion of the standard annexation process. No emergency connection is
requested.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
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the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion met. A map adequate for the completion of the annexation process has been
submitted.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Criterion met. The interlocal agreement between Riverside Water and Sewer District and the
City provides for immediate payment of fees for fire and sewer services as there will be new
demand for those services as a result of the annexation. No water connection is proposed
therefore no fee is due at this time. The property has been using the transportation system for
many years and annexation does not represent new demand on the transportation system,
therefore, transportation impact fees are not applicable at this time. The annexation process,
including discussion under this criterion provides notice of obligations to pay impact fees for
future development at times of triggers as required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Criterion met. Notices of the public hearing have been sent via mail, published in the
Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix
B for further information.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion neutral. This annexation is using the Extension of Services Plan option in state law
to address provision of services as authorized in 7-2-4610, MCA. Therefore, no annexation
agreement will be used and this criterion is not applicable.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion met. This annexation is being processed under Part 46 provisions. Per 7-2-4609,
MCA, when Part 46 provisions are used those and only those provisions are applicable to the
annexation.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
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district does not lessen the obligation to participate in general city programs that
address the same subject.
Criterion met. A road improvement district, number 308, is in effect. The RID will continue
after annexation.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion met. The necessary agencies were notified on December 17, 2021 by email of the
application and review of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion met. Upon annexation the area will receive fire and police services, have access to
the library and recreation facilities as residents of the City, and other general governmental
service access. Connection to sewer service is the driving factor for the annexation. Due to
the size of the annexation and the complexity of connecting many properties immediate
connection to sewer services is not feasible. Upon completion of annexation the City and
Riverside Water and Sewer District will begin the process to design and construct the
necessary improvements to provide sewer services. See the interlocal agreement, consent
item G.3 on the December 14, 2021, City Commission agenda for further details.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
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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 plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan 2020 (BCP 2020) was adopted in November
2020. It is the latest edition of the City’s growth policy and replaces all prior editions. The
BCP 2020 includes a future land use map as well as goals and policies.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
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 Chapter 3 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.”
As shown in Section 1 of this report, the future land use designations for the amendment area
are Urban Neighborhood and Parks and Open Lands. The entire future land use map is
available through the Community Development Viewer on the City’s website.
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The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the proposed R-2 and R-4 districts are explicitly stated as
implementing districts of the Urban Neighborhood designation. The full table is provided in
Appendix C.
Table 4 shows designated implementing districts. The growth policy must also be read,
understood, and applied as a whole. The Park and Open Lands designation shows PLI as the
presumed implementing zoning district. Parks are an allowed use in all zoning districts.
Larger areas are often established as Public Lands and Institutions zoning district. Not all
Parks and Open Lands designated areas are publicly owned. The description of the Parks and
Open Lands designation follows.
The Riverside Country Club conforms to the description of this future land use designation
being recreational lands but privately owned, open in character, and developed for active
recreational purposes. Golf courses are allowed in the R-1 district as shown in Table
38.310.030.B. The R-1 district is the only zoning district where golf courses are an allowed
use. The Riverside Country Club is a long established use. Annexation of the property does
not require a change in operation of the facility. The requested R-1 is the best available fit
between the future land use map and associated designation description and zoning districts.
Therefore, the requested R-1 designation for the Riverside Country Club is in accordance
with the future land use map.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. Staff has found no conflict between the proposed zone map
amendments and the Bozeman Community Plan 2020 and have found accordance between the
amendment and the plan. Further, approval of the application may implement the Bozeman
Community Plan 2020 by acting to further the objectives of the plan.
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Unlike many zone map amendment requests, the area affected by this action is already fully
developed and the owners are seeking to maintain the status quo after annexation rather than
increase development potential. As described in the Executive Summary, the failure of the
District sewer facilities is the impetus for this application. The amendment request is a part of
the annexation process. The intent of the requested zoning is to establish zoning consistent
with the existing uses on the annexing property.
The substantive change of the application then is to establish municipal zoning. Annexation
and the associated zoning are supported in the growth policy. Approval of this proposal would
be in accordance with or implement several goals and objectives of the Community Plan,
including but not limited to:
“R-1.6 Be redundant: spare capacity purposefully created to accommodate disruption.”
The City’s long range planning for sanitary sewer and careful execution of the plan has
provided available capacity in the water reclamation facility. The connection of the buildings
in the annexation area to the municipal sewer facilities enables the City use the available
capacity to respond to the disruption caused by the failure of the Riverside sewer system.
This minimizes disruption to many landowners.
“R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential for
economic benefit to the investor and the broader community both through direct and indirect
returns.”
As noted above, the City has designed and built its sewer system with available capacity for
growth. Connection to the municipal system is a least cost solution compared with building
and operating a separate modern treatment system by Riverside adequate to meet water
quality and public sanitation standards.
“R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to
build on existing efforts.”
As noted above, the City is leveraging long standing utility planning to support the
annexation of the Riverside area. Future design for specific facilities can also be done
consistent with utility plans so any future development within or adjacent to the Riverside
area may also be served. Annexation and connection to sewer removes a pollution source to
the E. Gallatin River and groundwater. This benefits the overall community in public health
and improved permitting circumstances for future expansion of the municipal sewer system.
“DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill
development, reduce costs, and minimize disruption to the public.”
As noted above annexation of the Riverside area, municipal zoning, and connection to the
City’s sewer system is a least cost approach to solving a failed sanitary sewer system. A
coordinated approach to provide a function sewer system lessens disruption to the public by
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reducing the amount of construction, avoiding restriction on use of property, and reduces
total construction and operational costs.
“DCD-2.6 Evaluate and pursue joint mitigation of development impacts across multiple
developments.”
A single common connection to the City’s sewer system mitigates impacts from two
subdivisions and the country club site. This simplifies management and operations and
reduces costs to existing owners.
“EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors.”
The E. Gallatin River is a key watercourse in the Bozeman area. The river is currently being
polluted by the failed Riverside sewer system. Connection to the municipal system will
remove pollutants thereby greatly reducing impacts on the river and improving water quality
downstream which will benefit both wildlife and humans.
Based on the above findings, staff concludes the proposed zone map amendment is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property can be served by City of Bozeman Fire and Police
Departments. The Fire Department has reviewed the existing water system and finds it
sufficient for service. Any future development of the property will be required to conform to
all City of Bozeman public safety, building, zoning, and other land use requirements, which
will ensure this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met.
Adequate water and sewer supply and conveyance provide for public health through clean
water. Rapid and effective emergency response provides for public safety. The City’s
standards ensure that adequate services are provided prior to building construction which
advances this criterion. General welfare has been evaluated during the adoption of Chapter
38 and found to be advanced by the adopted standards. Provision of parks, control of storm
water, architectural design, and other features of the City’s development standards also
advance the general welfare. Compliance with the BCP 2020 as described in Criterion A,
shows advancement of the well-being of the community as a whole. See also Criteria B and
D.
Connection to the municipal sewer system after annexation will reduce pollution to the E.
Gallatin River and ground water. This advances all three elements of this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
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Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the City’s
long range facility Plans, the City’s capital improvements program, and development
standards adopted by the City. The standards set minimum sizing and flow requirements,
require dedication of parks, provision of right of way for people and vehicles, keep
development out of floodplains, and other items to address public safety, etc. It is often
difficult to assess these issues in detail on a specific site.”
For this application, the site is fully developed already. Therefore, the City has a good
understanding of the needed facilities. Streets, parks, and water systems are already in place
and will continue after annexation. Road maintenance is provided with RID 308 which will
also continue after annexation.
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The City updates 2-3 plans each year to
keep current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Since this site is already
developed and has been for many years school facilities are already constructed to serve the
area.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans have for many years shown this property as having eventual City
services. The City reviewed the on-site circumstances preparatory to passing Resolution 4972
and has determined that adequate services can be provided.
For future development, as stated in 38.300.020.C below, the designation of a zoning district
does not guarantee approval of new development until the City verifies the availability of
needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map
indicates a judgment on the part of the city that the range of uses allowed within that district
are generally acceptable in that location. It is not a guarantee of approval for any given use
prior to the completion of the appropriate review procedure and compliance with all of the
applicable requirements and development standards of this chapter and other applicable
policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
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infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). In this case, a waiver of
right to protest creation of a special improvement district to fund construction of the needed
sewer improvements was included with the petition to annex from the landowners. The
specific needs for public requirements will be assessed during development review when the
details of development are known to ensure adequacy of public requirements. At this time,
the facility plans show services as appropriate to extend to the site.
Staff finds that adequate services either exist or can be provided to the area of the zone map
amendment.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The three requested zoning districts provide
adequate light and air through the Bozeman Unified Development Code’s standards for park
and onsite open space requirements, maximum building height, other requirements. The
existing buildings on the site were developed under other zoning which required larger
setbacks and lot sizes than currently required by the City. The adjacency of developed lots in
this area to the golf course and parks ensures a greater degree of openness than normally
experienced. This adjacency will not be changed by the zoning.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks or an equivalent and on-site open spaces to meet needs of residents. The standards
provide a reasonable provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion neutral. The Riverside Manor and Riverside Greens subdivisions were platted over
40 years ago. They are developed with homes. The change in annexation status and zoning
will not meaningfully alter likely development. Local streets are in place and functioning to
service the subdivisions. Springhill Road is a long standing State route and services a large
area north of Bozeman. The Riverside Country Club has direct access to Springhill Road.
The Montana Department of Transportation maintains and controls design of Springhill
Road. The change in zoning does not require MDT to change the road design.
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G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (BCP 2020, p. 51)
The City’s future land use map designates the properties as Urban Neighborhood and Parks
and Open Lands. These designations are implemented by several zoning districts including
the districts proposed by the applicant. The zoning districts were developed by the City to
promote appropriate urban growth compatible with the areas of the City as identified on the
future land use map. Based on the land use map designation and correlated zoning districts in
the plan and proposed by the applicant, the zone map amendment would promote compatible
urban growth. See discussion under Criterion A. The proposed zoning is being applied to
existing development which conforms to the allowed uses in the requested districts. As
existing development is being annexation impact on urban growth is limited. Any future
development must comply with the building, site design, and other standards adopted to
avoid or mitigate impacts of development. This supports compatible urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Criterion neutral. 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. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a rural individual home with agricultural
buildings. 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,
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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 proposed zoning of R-1 (Riverside Country Club developed as golf course), R-2
(Riverside Manor developed primarily as single detached homes), and R-4 (Riverside Greens
developed as townhomes and multiple home buildings) matches well the existing development
character. The proposed zoning largely keeps the status quo as requested by the petitioners and
applicant. See discussion in Criteria A and G above.
I. Peculiar suitability for particular uses.
Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing
development. The applicants are seeking annexation for access to municipal sewer, not to
expand development capability. The site is peculiarly suitable for the long standing existing
uses to continue.
J. Conserving the value of buildings.
Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing
development. The applicants are seeking annexation for access to municipal sewer, not to
expand development capability as is often the case with annexation. Placing zoning that is
consistent with the existing uses avoids potential impact to building values. Being annexed
with access to a sewer system compliant with regulatory permitting avoids possible injury to
building values.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the Bozeman Community Plan 2020 illustrates the most
appropriate use of the land through the future land use map. This application complies with
the BCP 2020 by proposing zone map amendments of districts that continue to implement the
future land use map designations. See Criterion A above. The Unified Development Code
contains standards, protections and review processes to ensure the land is developed in ways
that are appropriate to a site’s context and according to the BCP 2020 if portions of the site
are redeveloped in the future.
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
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conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’ As an example, in the Plains Grains LP case the change was from Agricultural to
Heavy Industrial; and in the Little case the zoning was commercial in conflict with the
planned residential uses shown in the growth policy and existing in the surrounding area.
The existing uses on the ground are all authorized uses in the respective districts. As
discussed in Criterion H, the proposed zoning conforms to the existing character of the area
and prevailing land uses. Therefore, there is no significant difference to the prevailing land
uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. There are over 130 properties in the area to which municipal zoning is
being established. As discussed in the criteria above, the proposed zoning is in accordance
with the growth policy and maintains the status quo of the existing development. All the
properties within the proposed zoning benefit from stable land use regulations. As discussed
in Criterion D and elsewhere in this report connection of this area to municipal sewer is a
benefit to the area being zoned and will benefit the community.
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?
Criterion not met. The districts to be applied are standard and used throughout the
community. No special exceptions in the zoning are being enacted with these amendments.
The implementing districts are consistent with the growth policy, see Criterion A. The
majority of landowners within the area to be zoned have requested the zoning districts. The
landowner of all the property adjacent to the proposed zoning, the Riverside Country Club, is
also a party to the requested districts. The golf course provides a physical separation to other
property owners further away from the amendment area. The existing development patterns
will remain intact with the new zoning districts. Therefore, there should be no discernable
impact on adjacent land owners or the general public.
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
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AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
There are 12 properties located within the 150 foot boundary established by the State of
Montana. Three qualified protests from owners adjacent to the application would be required
to trigger the supermajority requirement of state law.
There are 139 individual tracts within the annexation area. The protest option for within the
amendment area is determined by the total percentage of the area being zoned. A successful
protest from within the zoning area would require a combination of owners controlling at
least 25% of the total area to submit qualified protests. Whether this can be achieved cannot
be determined until after the public hearing is closed.
No protests have been received as of the writing of this report.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
See the executive summary, the City Commission video recording and packet materials item
G.3 for December 14, 2021 for information on the adoption of the interlocal agreement, and
the City Commission video recording and packet materials item H.1 for January 28, 2019 for
information on the adoption of Resolution 4972 stating conditions necessary for the City to
consider annexation.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the public hearings was provided by publication in the Bozeman Daily Chronicle
on January 9, 16, and 20, 2022. Notice was further provided by posting on site and mailing
first class to all landowners within the zoning area and within 200 feet of the zoning area.
These notices occurred on January 7, 2022. Notice was provided at least 15 and not more
than 45 days prior to the public hearings.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” and “Parks and Open Lands” in the
Bozeman Community Plan.
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.
8. PARKS AND OPEN LANDS.
All recreational lands, including parks, are included within this category, as well as certain
private lands. These areas are generally open in character and may or may not be developed
for active recreational purposes. This category includes conservation easements or other
private property which may not be open for public use.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-1, Residential Low Density, R-2, Residential
Moderate Density, and R-4 Residential High Density in association with the annexation of
the property. The intent of the residential zoning districts is established in 38.300.100 of the
Bozeman Municipal Code.
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Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (see below for the Table)
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: There are many owners. See the application materials.
Applicant: Gene Gaines, 17 Riverside Drive, Bozeman MT 59715
Representative: DOWL, 1283 N. 14th Avenue, Ste. 101, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are also
available through the City’s web viewer.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Deputy Director Community Development
SUBJECT:2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map
from R-4 High Density Residential to B-3 Downtown Business District on 0.98
Acres Located at 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd
Avenue, Application 21356
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21356 and move to recommend
approval of the 2021 W. Lamme Street 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:A request to change zoning on half a block from R-4 to B-3 in the Downtown
area to be consistent with the Bozeman Community Plan 2020 future land
uses map designation of Traditional Core. The site has one current building,
a detached home. Other residential buildings have been removed from the
site. This amendment will cause the entire block to have the same B-3
zoning. A street will separate adjacent residentially zoned areas. See the
attached staff report for more information.
Application materials are available through the Community Development
Web Viewer and at the Community Development offices at 20 E. Olive St.
UNRESOLVED ISSUES:None
ALTERNATIVES:See the attached staff report
FISCAL EFFECTS:See the attached staff report
Attachments:
21356 Lamme St ZMA Staff Report ZC.pdf
38
Report compiled on: January 19, 2022
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Page 1 of 23
21356 Staff Report for the 2021 W. Lamme Street Zone Map Amendment
Public Hearing: Zoning Commission meeting is on January 24, 2022
City Commission meeting is on February 8, 2022
Project Description: Amendment of the City Zoning Map to rezone 0.978 acres from R-4
(Residential High Density District) to B-3 (Downtown Business District) including
adjacent street right of way.
Project Location: 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Bozeman MT and legally described as Lots 6-10, 13, and 15, Block C, Tracy’s Third Addition to Bozeman, located within the NW ¼ of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. The area to be zoned includes portions of W. Lamme Street, N. 3rd Avenue, and W. Beall Street.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Zoning 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 21356 and
move to recommend approval of the 2021 W. Lamme Street Zone Map Amendment,
with contingencies required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21356 and move to approve the 2021 W. Lamme
Street Zone Map Amendment, with contingencies required to complete the
application processing.
Report: January 19, 2022
Staff Contacts: Chris Saunders, Community Development Manager
Lance Lehigh – Engineer III
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
Application materials are available through the City’s Community Development web viewer.
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Unresolved Issues
None identified at this time.
Project Summary
A request to change zoning on half a block from R-4 to B-3 in the Downtown area to be
consistent with the Bozeman Community Plan 2020 future land uses designation of
Traditional Core. The site has one current building, a detached home. Other residential
buildings have been removed from the site. This amendment will cause the entire block to
have the same B-3 zoning. A street will separate adjacent residentially zoned areas.
During the review process, and prior to public notice, the applicant acquired additional
property. Revised maps were provided showing the updated area of the application. This staff
report reviews the enlarged area of the supplemented application.
Alternatives
1. Approve the application and associated ordinance;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Zone Map Amendment ....................................................................................................... 8
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SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Spot Zoning Criteria ......................................................................................................... 18
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 23
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
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SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
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Map 2: Project Vicinity Map – with designations from
Bozeman Community Plan 2020 Future Land Use Map
Map 3: Project Vicinity Map with Existing Zoning designations
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Map 4: Survey map for the proposed Zone Map Amendment area showing existing parcels
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2021 W. Lamme Street Zone Map Amendment.”
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All required documents must be returned to the City within 60 days of the City
Commission action to approve the amendment or the preliminary approval shall be null
and void.
2. That the applicant must submit a Zone Amendment map, titled “2021 W. Lamme Street
Zone Map Amendment”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office, and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Community Development Board acting in their capacity as Zoning Commission will
hold a public hearing on this ZMA on January 24, 2022 and will forward a recommendation
to the Commission on the Zone Map amendment. The meeting will be held using WebEx, an
electronic meeting system. The instructions for connecting to WebEx will be included on the
agenda available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on February 8,
2022. The instructions for meeting location and attendance will be included on the agenda
available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory board and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
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A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. References in the text of this report to Articles, Divisions, or in the form
XX.XXX.XXX are to the Bozeman Municipal Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The application was initially submitted on August 25, 2021. On November
17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan
2020, (BCP 2020) which replaced the prior growth policy. The following review examines
the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
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 Chapter 3 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.”
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“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.”
As shown in Section 1, on the excerpt of the current future land use map, the property is
designated as Traditional Core. The Traditional Core designation description reads:
“The traditional core of Bozeman is Downtown. This area exemplifies high quality urban
design including an active streetscape supported by a mix of uses on multiple floors, a
high level of walkability, and a rich architectural and local character. Additionally,
essential government services and flexible spaces for events and festivals support
opportunities for civic and social engagement. The intensity of development in this
district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued
evolution is necessary for long-term resilience. Challenges do exist, particularly around
keeping local identity intact, balancing growth sensitively, and welcoming more
transportation modes and residents. Underdevelopment and a lack of flexibility can
threaten the viability of the land use designation. Future development should be intense
while providing areas of transition to adjacent neighborhoods and preserving the
character of the Main Street Historic District through context-sensitive development.”
The entire future land use map is available through the Community Development Viewer on
the City’s website.
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
excerpts from Table 4, the proposed B-3 district is an implementing district of the Traditional
Core designation. The full table is provided in Appendix C.
Based on the proposed B-3 zoning districts’ proper correlation with the future land use map
categories as an implementing district, the zone map amendment is in accordance with the
future land use map.
As noted in the Traditional Core description cited above, there are challenges in
implementing the continued expansion and development of the area designated as Traditional
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Core. The Traditional Core description calls for intensive level of development with a floor
area ratio above 1. This is greater than the historic intensity of use of the site. Chapter 5,
BCP 2020, pp. 71-79 provides further direction on applying the zoning criteria. As part of the
proposed zoning being “in accordance” with the growth policy consistency with this more
this direction is also necessary. On p. 73 in discussion of how the criteria are applied it says:
“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.” For further discussion of the application of the growth policy to the
zoning amendment criteria see the discussion under individual criteria below.
On p. 72 in discussion of justifications for adopting a zone map amendment four example
reasons are provided. These include
“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.
For this application either or both justification is applicable as the current zoning and the
future land use map of the growth policy are not “in accordance” and the owner has
requested the change. This report evaluates the amendment criteria and finds that they have
been met.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. The zone map amendment is found to both be in accord with the
Bozeman Community Plan 2020 and implement the plan. Staff has found no conflict between
the proposed zone map amendments and the Bozeman Community Plan 2020 and have found
accordance between the amendment and the plan. Further, approval of the application may
implement the Bozeman Community Plan 2020 by acting to further the objectives of the plan.
The application materials cite several elements of the growth policy advanced by the proposal.
Approval of this proposal would be in accordance with or implement several goals and
objectives of the Community Plan, including:
Goal DCD-1: Support urban development within the City.
The requested B-3 district allows more development than the existing R-4 district. The site is
adjacent to other B-3 on two sides. B-3 is a zoning district with a more urban character than
R-4.
DCD-1.2 Remove regulatory barriers to infill.
The existing zoning on the site is R-4. This divides the block into two zoning districts of R-4
and B-3. The block meets the definition of infill from the growth policy. The split zoning
complicates the redevelopment of the site. The growth policy identifies the entire block as
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Traditional Core. The R-4 district is not an implementing district for the Traditional Core. The
requested change in zoning removes this inconsistency. Having the entire block zoned as B-3
removes requirements for internal transitions in height per 38.320.060 between different
districts. This simplifies the design process thereby removing a barrier to infill. The additional
three dimensional space allowed for development in B-3 compared with R-4 also supports
infill development.
DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development
or redevelopment, including evaluating possible development incentives.
The majority of the site is presently vacant. Although it had been developed, the homes had
decayed to the extent that they were removed for public safety. The site is substantially
underdeveloped. Bringing the zoning and future land use into harmony facilitates
redevelopment.
The Short Term Action list on page 63 of the BCP 2020 identifies a number of short term
actions to take to implement the growth policy. Items 1, 2, and 11 address various policies and
changes to the zoning map. Item 11 states “Revise the zoning map to harmonize with the future
land use map as noted in objectives N-1.3, N-2.1, N-2.2, EE-1.6, and RC-4.4.” As noted above,
the change in zoning harmonizes the future land use map and zoning maps.
The site is within the planning area of the Downtown Bozeman Improvement Plan (DBIP)
adopted in 2019. This is a neighborhood plan that further examines details of development. It
is also part of the growth policy. Beginning on page 54, the DBIP begins discussion of the
theme “More than Main Street.” This section discusses the places and processes to expand the
Downtown and associated B-3 zoning. The theme “Welcoming to Everyone” on pages 110-
111 discusses the mismatches between existing land uses, future land use map, and zoning map
and encourages correction of the inconsistencies. The BCP 2020 and DBIP are consistent that
the future land use map and zoning map should be in accord. The state law is clear that zoning
is to be “in accordance” with the growth policy. Therefore, if there is an inconsistency the
zoning should be amended.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building, zoning, and other land use requirements, which will ensure
this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
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adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, architectural
design, and other features of the City’s development standards also advance the general
welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of
the well-being of the community as a whole. See also Criteria B and D.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. For example, the sewer and park facility
plans are now in the process of being updated. The City updates 2-3 plans each year to keep
current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Dedication of school facilities
is not required by municipal zoning standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development/redevelopment is proposed. Adequacy of all these public requirements is
evaluated during the subdivision and site development process. All zoning districts in
Bozeman enable a wide range of uses and intensities. At the time of future subdivision or site
plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
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As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). The specific needs for
public requirements will be assessed during development review when the details of
development are known to ensure adequacy of public requirements. At this time, the facility
plans show services to the site.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-3 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and onsite open
space requirements, maximum building height, other requirements. The site is also located
with public streets on three sides which provide physical separation from adjacent
development and provide for access to light and air. The site has five parks between a quarter
and half mile from the site to provide recreational facilities.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks or an equivalent and on-site open spaces to meet needs of residents. The standards
provide a reasonable provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Criterion neutral. The site is bounded by N. 3rd Avenue, Lamme Street and Beall Street. All
are local streets and part of the existing street grid serving the larger area and connect to N 7th
and Main Street which are principal arterials. The requested change in zoning from R-4 to B-
3 will not immediately impact the motorized and non-motorized transportation systems as the
change does not authorize any actual construction. The specific future land uses and
intensity of development for the site are not yet known. However, the mix of residential and
commercial uses allowed under the proposed zoning is likely to provide a more central area
of economic activity and commercial uses, thus increasing future provision of goods,
services, and employment opportunities in close proximity to existing and future residences,
thereby reducing the number of trips into other areas of the City to meet the residents’ needs.
In any case, development of the property is required to comply with transportation-related
standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks,
and improvements to the transportation network. The site is well located for easy pedestrian
access to the Downtown and Midtown areas and the businesses and services located there.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51)
The City’s future land use map designates the properties as Traditional Core. This
designation is implemented by several zoning districts including the B-3 district proposed by
the applicant. The zoning districts were developed by the City to promote appropriate urban
growth compatible with the areas of the City as identified on the future land use map. B-3
exists on two sides of the site. Based on the land use map designation and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth. Any future development must comply with the building, site
design, and other standards adopted to avoid or mitigate impacts of development. This
supports compatible urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
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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. Application of the B-3 municipal zoning district to the subject property will
modify the allowed uses on the subject property. Much of the property is currently vacant. The
R-4 district provides mostly for a diverse range of housing types but allows some non-
residential uses as well. The B-3 district is primarily non-residential but also allows for some
types of housing. Currently, the block is divided roughly in half between B-3 and R-4 with the
boundary following a property line. The City prefers to have district boundaries along streets,
water courses, or similar features. This provides both a readily visible boundary and also
physical separation between districts which lessens potential conflicts. The nature of the area
surrounding the site is B-3 to the east and south developed with offices or vacant; and R-4 to
the west and north developed with homes. The B-3 district does allow for a greater volume of
building onsite and has smaller setbacks than the R-4 district does. However, multi-story B-3
uses have been in the vicinity for many years and so the character of the district includes these
types of uses.
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. As discussed in Criterion A, there is
a mismatch between the zoning map and future land use map. R-4 is not an implementing
district for the Traditional Core future land use designation. Therefore, staff finds that the
amendment is consistent with the surrounding uses and the amendment improves accordance
with the growth policy and the amendment is consistent with the character of the area
surrounding the site. The adjacent properties have only used a small amount of the
development potential allowed with the existing R-4 and B-3 zoning. That is the privilege of
the landowners to choose that option. Their choice to not use the full potential does not restrict
other owners from making a different choice as discussed in pp. 76-77 of the BCP 2020.
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.”
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The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-3 district to be compatible with adjacent development and the overall character of the
surrounding area. The amendment is an incremental change on the edge of the existing B-3
district and does not introduce new uses or development standards already present in the area.
I. Peculiar suitability for particular uses.
Criterion met. Detailed future uses for construction on the site are not finalized at this time.
However, the proposed B-3 district allows a greater range of non-residential uses than the R-
4 district.
The site appears suitable for urban development without constraints related to floodplains,
human-wildlife conflict, steep slopes or other hazards. The site has been developed and
provided with municipal services for many decades. The proposed B-3 district can support
many types of urban development that are likely to serve the immediate area as a result of its
location and proximity to residential areas to the north. As discussed in Criterion A, the
growth policy identifies the site at appropriate for the land uses described in the Traditional
Core future land use designation. Final determination of suitability for specific construction
will occur during the site development process.
The proximity of existing B-3 zoning to the east and south, designation of the site as
Traditional Core, and ready access to municipal utilities makes the site well suited to the
range of uses allowed in B-3.
J. Conserving the value of buildings.
Criterion met. There is only one building presently on the site. Looking at the available tax
data the value of the related parcel is considerably higher than the value of the building. The
owner of the building is also a participant in the application. Other buildings previously
located on the site were demolished due to poor condition and public safety concerns.
The values of surrounding buildings are unlikely to be impacted to a measurable degree as
the site is developed according to the proposed B-3 district. B-3 is already present adjacent to
this area and on the same block. The public streets provide a physical separation between the
proposed B-3 and existing residential development. The growth policy addresses this
criterion on p. 77. “Changes that increase opportunities on a property are unlikely to fail this
test.” The growth policy on p. 77 refers also back to the review of Criterion H, “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 growth policy in discussing Criterion H, Character of the District, states:
“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,
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 18 of 23
typically 60 feet wide, when combined with the standards for site development, is
generally considered an adequate separation—even for substantially different districts.”
Streets will provide physical separation from any non-B-3 zoned property. Considering the
factors identified above, staff finds this criterion to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the Bozeman Community Plan 2020 illustrates the most
appropriate use of the land through the future land use map. This application complies with the
BCP 2020 by proposing zone map amendments of districts that continue to implement the
future land use map designations. In this case, urban-scale residential and some mixed-use
development have been identified by the community as the most appropriate types of
development for the property. The Unified Development Code contains standards, protections
and review processes to ensure the land is developed in ways that are appropriate to a site’s
context and according to the BCP 2020.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To satisfy this criterion, the reviewer must demonstrate a
‘significant difference.’ As an example, in the Plains Grains LP case the change was from
Agricultural to Heavy Industrial; and in the Little case the zoning was commercial which
zoning was in conflict with the planned residential uses shown in the growth policy and
existing in the surrounding area.
The properties to the south and east of the application site are already zoned as B-3. This
application brings the balance of Block C into the B-3 zone. The property south of Lamme
Street is developed as offices as is a portion of the property to the immediate east. Housing
has been on the site previously and a home is still present. Offices and housing are both
principal uses in the B-3 district. Housing and offices are also allowed uses in the R-4 district
presently on the property although in different proportions. Housing is also present to the
west and north of the application site. The proposed zoning change will allow more intensive
development of the site than the existing R-4. However, more intensive is not the same as
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 19 of 23
significantly different in use. With 50 percent of the perimeter of the site already adjacent to
B-3 Staff finds that the amendment is not significantly different from prevailing land uses in
the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. The application is submitted by one landowner. Division 38.260 Part 2
describes the process to request a zone map amendment and its review. Section 38.260.100
explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP
2020 also discusses the initiation of zone map amendments. On page 72, the needed
justification for a zone map change is discussed. It states that landowner preference, when
coupled with compliance with the criteria established in statute, is sufficient to justify an
amendment.
Both the BCP 2020 and the Downtown Bozeman Improvement Plan (DBIP) consider future
use for the area. The DBIP calls out the mismatch between the existing zoning and the future
land use map as a needed correction. The Short Term Action List from the BCP 2020
recommends the City take action to correct such mismatches. The amendment is directly
implementing the long range planning found to be in the best interest of the community as a
whole when the plans were adopted. Therefore, the change is to the general benefit of the
community as well as the applicant.
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?
Criterion not met. While only one landowner owns the property subject to the zone change,
there is no reason to believe this would come at the expense of surrounding landowners or the
general public. To the contrary, the BCP 2020 is an expression of the public’s desires for
different types and scales of urban development throughout the City. The proposed zoning
aligns with the BCP 2020, and therefore would be to the benefit of the general public. The
proposed amendment applies the same zoning district already in place on the eastern portion
of Block C.
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.
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The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on January 9, January 16, and January 30, 2022. Notice was sent via first class mail to adjacent
landowners on January 7, 2022 and posted on the property on January 7, 2022.
No public comments have been received to date.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations:
The property’s growth policy designations on the Future Land Use Map of the Bozeman
Community Plan 2020 (Growth Policy) is Traditional Core.
The traditional core of Bozeman is Downtown. This area exemplifies high quality urban
design including an active streetscape supported by a mix of uses on multiple floors, a high
level of walkability, and a rich architectural and local character. Additionally, essential
government services and flexible spaces for events and festivals support opportunities for
civic and social engagement. The intensity of development in this district is high with a
Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary
for long-term resilience. Challenges do exist, particularly around keeping local identity
intact, balancing growth sensitively, and welcoming more transportation modes and
residents. Underdevelopment and a lack of flexibility can threaten the viability of the land
use designation. Future development should be intense while providing areas of transition
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 21 of 23
to adjacent neighborhoods and preserving the character of the Main Street Historic District
through context-sensitive development.
Proposed Zoning Designation and Land Uses:
The applicant has requested a zone map amendment to B-3 (Downtown Business District). The
following are the stated intent and purpose of this district:
The intent of the downtown B-3 business district is to provide a central area for the
community's business, government service and cultural activities with urban residential
development as an essential supporting use. The downtown B-3 district should be the area
of greatest density of development, intensity of use, and appropriate infill. Design standards
reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the
"core area" of the city's central business district, i.e., along Main Street from Grand to
Rouse and to the alleys one-half block north and south from Main Street. Lower volume
pedestrian uses such as professional offices may locate on ground floor space in the
downtown B-3 area outside the above-defined core.
The following figure from the BCP 2020, with a red box indicating the applicability of this
proposed ZMA, illustrates how the proposed B-3 district correlates with its Traditional Core
designation of the Future Land Use Map:
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 23 of 23
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Third and Long LLC, 2006 Stadium Drive, Ste. 101, Bozeman MT 59715
Applicant/Representative: Hennebery Eddy Architects, 109 N. Rouse Avenue, Bozeman MT
59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials are available through the City’s Community Development web viewer.
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Memorandum
REPORT TO:Community Development Board
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Anna Bentley, Community Development Deputy Director
SUBJECT:Application 20132, Billings Clinic Annexation and Zone Map Amendment
Requesting 4.239 Acres of B-2 Zoning, Located Southeast of the Intersection
of Davis Lane and Westlake Road
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20132 and move to recommend
approval of the Billing Clinic Annexation and Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The application proposes an initial designation for roughly 4.239 acres of B-2
zoning. The total acreage for zoning includes the adjacent Davis Lane right-
of-way. The zone map amendment application does not authorize any
construction. Prior to any further development of the site, a subdivision or
site plan application (or both) must be submitted, reviewed against all
applicable development criteria, and approved. Any development proposal
must demonstrate compliance with City standards and adequate
infrastructure (such as streets, water, parks, and sewer) to meet needs of
the development.
UNRESOLVED ISSUES:N
ALTERNATIVES:1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No fiscal effects have been identified. No presently budgeted funds will be
63
changed by this Zone Map Amendment.
Attachments:
20132 Billings Clinic ANNX ZMA ZC SR .pdf
20132 Billings Clinic ANNX Post Notice Revised.pdf
Comment_ResponseLetter_090221.pdf
Doc_2716624_Public_Street_Esmt.pdf
Doc_2716625_Utility_Esmt.pdf
SID_Waiver_NotSigned_090121.pdf
Annexation_Zoning_Updated_090121.pdf
BillingsClinic_RC.pdf
CILWR_Email_083121.pdf
ZMA_Exhibit_090121.pdf
AnnexationMap__090121.pdf
Report compiled on: January 20, 2022
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Page 1 of 22
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.
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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 ......................................................................................................... 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
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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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 14 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 15 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 17 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 18 of 22
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
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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
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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.”
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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
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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
86
REVISED
NOTICE OF A PUBLIC HEARING FOR AN ANNEXATION AND
ZONE MAP AMENDMENT APPLICATION
This application is evaluated against the criteria of Commission Resolution 5076 for annexation and the
municipal zoning criteria of state law, 76-2-304, Montana Code Annotated, which are contained in Section
38.100.040.C of the municipal code. Approval or contingent approval may be granted if the City
Commission determines all criteria are met.
The public may comment orally at the public hearings or in writing at or prior to the public hearings
regarding compliance of this application with the required criteria. Comments should identify the specific
criteria of concern along with facts in support of the comment. During the notice period the City will
continue review for compliance with applicable regulations.
Project Name: Billings Clinic Annexation and Zone Map Amendment Application: 20132
Summary: 4.239 acres and Zone Map Amendment application on April 29, 2020 requesting annexation
and initial zoning designation for roughly 4.239 acres of B-2 (Community Commercial) and a portion of
Davis Lane right of way.
Parcel size: 4.239 acres and
adjacent right of way
Location: Westside of Davis Lane and SW of the intersection
of Davis and Westlake
Legal Description Lot 2A-1 of Minor Subdivision 221F, City of Bozeman, Gallatin County, Montana
Noticing:
Public Comment
Period
1/9/2022 to
2/8/2022
Newspaper Legal Ad
1/9/2022
1/16/2022, and
1/23/2022
Site Post
1/8/2022
Adjacent Owners
Mailed
1/8/2022
Advisory
Board:
Board
Zoning Commission (for zone map
amendment only)
Meeting Date
Monday, January 24, 2022 at 6:00 PM via
WebEx.
(Instructions for participating in the e-
meeting will be included on the meeting
agenda which is published on the City’s
website at least 48 hours prior to the
meeting. The agenda is available in the
Meetings and Events portion of the City’s
website at
https://www.bozeman.net/home)
Decision:
Authority and Decision
The City Commission public hearing and decision is scheduled for Tuesday, February
8, 2022 at 6:00 PM via WebEx. (Instructions for participating in the e-meeting will be
included on the meeting agenda which is published on the City’s website at least 48
hours prior to the meeting. The agenda is available in the Meetings and Events portion
of the City’s website at https://www.bozeman.net/home)
87
At the City Commission’s public hearing the City Commission may act to approve, modify, or reject
the proposal or continue the public hearing to another date. The City Commission may revise any
of the proposed actions referred in this notice during the public hearing process.
The City will accept written protests from property owners against the proposal referred to in this
notice 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 (including the application number, 20132); and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to protest the action
against which the protest is lodged, including ownership of property affected by the action. Signers are
encouraged to print their names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be delivered to the
Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
Written comments may be directed to: City of Bozeman Department of Community Development, ATTN:
Jacob Miller, PO Box 1230, Bozeman, MT 59771-1230, or emailed to agenda@bozeman.net. Data on this
application are available at https://www.bozeman.net/government/planning/using-the-planning-map.
Select ‘Project Documents’ and navigate to application 20132. The full application may be reviewed in the
City of Bozeman Department of Community Development, Alfred M. Stiff Professional Building, 20 East
Olive Street, 582-2260. Please reference Application 20132 in any correspondence.
For those who require accommodations for disabilities, please contact the ADA Coordinator Mike Gray, at
582-3232 (voice), 582-2301 (TDD).
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5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
89
September 2, 2021
Sarah Rosenberg, Associate Planner
Community Development Department – City of Bozeman
20 East Olive Street
Bozeman, MT 59715
Reference: Response Letter to City of Bozeman Comments – Billings Clinic Annexation and
Zone Map Amendment
Dear Sarah:
In response to your letter on June 17th, 2020, and the Engineering Division memorandum dated
June 16th, 2020, we have revised the application. Comments by City of Bozeman are provided in
black, while responses by Sanderson Stewart are provided in blue.
Section 1 – Recommended Contingencies Annexation
1. The documents and exhibits to formally annex the subject property must be identified as the
“The Billings Clinic Bozeman Campus Annexation”.
Response: The application documents reference “The Billings Clinic Bozeman Campus
Annexation”
2. An Annexation Map, titled “The Billings Clinic Bozeman Campus Annexation Map” with a
legal description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8
½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County
Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be
acceptable to the Director of Public Works and City Engineer’s Office and must be
submitted with the signed Annexation Agreement.
Response: The application includes the Annexation Map. Upon approval, a final map on
mylar will be provided to the City.
3. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from
the City to the applicant or annexation approval shall be null and void.
Response: The applicant acknowledges the timeline associated with the annexation.
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Sarah Rosenberg
September 2, 2021
Page 2
4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at
the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
Response: The applicant acknowledges the fees to be paid at the time of future
development.
5. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts for the following, if not already filed:
• Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, lighting, and storm drainage
• Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting,
and storm drainage
• Street improvements to West Lake Road including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Intersection improvements to East Valley Center Road and North 27th Avenue
• Intersection improvements to East Valley Center Road and Davis Lane
• Intersection improvements to East Valley Center Road and Catamount Street
• Intersection improvements to Catamount Street and North 27th Avenue
• Intersection improvements to Catamount Street and Davis Lane
Response: The required Waiver of Right to Protect document has been created and is
included as a draft with this submittal. The Waiver will be recorded prior to finalizing the
Annexation Agreement.
The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction
with the annexation, a waiver of right-to-protest creation of Special Improvement Districts
for a City-wide Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
Response: The required Waiver of Right to Protect will be recorded prior to finalizing the
Annexation Agreement.
6. The Annexation Agreement must include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services to
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Sarah Rosenberg
September 2, 2021
Page 3
the property in accordance with the City of Bozeman’s infrastructure master plans and all
city policies that may be in effect at the time of development.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
7. The applicant must properly abandon the existing on-site septic tank and leach field prior to
connection to the City sanitary sewer system. The applicant must report the abandonment
to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant
must report the abandonment to the Gallatin City County Health Department. In addition
to abandonment of the septic tank and leach field, the applicant must demonstrate that the
sanitary sewer service to the septic tank has been completely disconnected from the old
septic system prior to connection to the City sanitary sewer system.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
8. The applicant must contact Brian Heaston with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
Response: Brian Heaston was contacted regarding cash-in-lieu. Per his email response, any
cash-in-lieu of water rights would be paid at the time of development of the property. Not
cash-in-lieu will be required at the time of annexation.
Section 2 – Recommended Contingencies Zoning Map Amendment
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.
Response: The applicant acknowledges this contingency.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “The Billings Clinic Zone Map Amendment”.
Response: The applicant acknowledges this contingency, and all documents and exhibits
reference The Billings Clinic Zone Map Amendment.
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Sarah Rosenberg
September 2, 2021
Page 4
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.
Response: The application includes the Zone Map Amendment. Upon approval, a final
map will be provided to the City.
Section 3 – Planning Comments
1. Resolution 5076 was approved and adopted by the City Commission on October 28, 2019
and supersedes Resolution 4400 revising and reestablishing goals and policies for landowner
initiated annexation of properties to the City of Bozeman. This resolution is attached to this
report. The applicant must revise their narrative to address all goals and policies not already
directly covered in the already provided checklist and narrative.
Response: The project narrative has been revised and updated to address all goals and
policies of Resolution 5076.
Section 4 – Engineering Comments
1. Bozeman Municipal Code (BMC) 38.410.060 Easements – Right-of-way must be provided
with the annexation consistent with the City collector and arterial street standards for the
surrounding streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The
applicant should consult the City of Bozeman Design Standard and Specification Manual
and Transportation Master Plans for the required right-for-way.
a. The applicant must provide either the proposed Right-of-way (ROW) or a City
standard public street and utility easement for the same extents for Davis Lane which
falls within the property per the City’s Transportation Master Plan Appendix K
Pages 142-143, approximately 20 feet extending from the existing county road
easement.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
2. BMC 38.410.060 Easements – A minimum of a 10-foot utility easement must be provided
along the Davis Lane ROW, required in comment no. 1.a, for the extension of the dry
93
Sarah Rosenberg
September 2, 2021
Page 5
utilities. The utility easement must be provided using the City’s standard language prior to
Annexation. The applicant may contact the Engineering Division to receive a copy of the
utility easement template.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
Section 5 – 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.
Response: The applicant acknowledges the above Advisory Comments.
Please do not hesitate to contact me if you have any questions or need any additional information
for these submittal materials.
Sincerely,
Pat Davies, PE, CDP, LEED AP
Senior Engineer | Market Lead
94
AflerRecordi,RetumTo:
CityorBo·1an
121R eAve.
Bo manMT59715
Return to:
City d Bozernan 2716624
City Clerk Dirs;£j _¿]í;;í2°!!°iy M Fee 00
PO Box 1230
Bozeman,MT 5 .230
PUBLIC STREET EASF,MENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsideration,receiptof which is
acknowledged,grantsto The City of Bozeman,a municipal corporationof theStateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a perpetualnon-exclusivestreetand utilityeasement forthe use of theGRANTEE,
in,through and acrossa stripof land situatedinGallatinCounty,Montana,20 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,according to theofficialplaton fileintheofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon the attachedExhibitA,which by this
referenceismade a parthereof.
This easement isgrantedforthe purpose of constructing,reconstructing,maintaining,
operating,servicing,repairingand replacingwater,sanitarysewer,and storm drainageservices
across,under and through saidrealproperty,togetherwith therightof freeingressand egressat
alltimes by GRANTEE and assignsforsaidpurposes.Furthermore,thiseasement isgrantedto
thepublicforthepurpose of ingressand egressby vehicularand pedestriantrafficatalltimes.
The GRANTOR statesthatitpossessesthe realpropertydescribedabove and thatithas a
lawfulrighttograntan easement thereon,subjecttoothereasements,covenants and restrictions
of record.The easement isnot exclusive,and GRANTOR retainsthe rightto utilizetheeasement
areaand tograntuse rightstoothersin GRANTOR's solediscretion.
The GRANTOR furtheragrees thattheGRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR subjectto
GRANTOR's rightto utilizethe easement areaand togranteasement and use rightstoothersto
theextentsuch usesand rightsdo not unreasonably interferewith GRANTEE's use of the
easement as setforthherein.The GRANTEE willprovide reasonablenoticeof GRANTEE's
intentto use the easement (exceptin case of emergency).Following completion of work inthe
easement area,GRANTEE willas promptly as reasonablypracticablereturnthe propertyto
substantiallythe same conditionas existedpriortothebeginning of work,except for
appurtenances tothe underground linesand facilitieswhich are requiredtobe installedon or
above thesurface.
Any person or entityutilizingtherightsgrantedpursuantto thiseasement forthepurpose
of constructing,reconstructing,maintaining,servicing,repairingand replacingwater,sanitary
sewer,and storm drainageservicesagreesto utilizetheeasement area inaccordance with this
easement.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding upon
the heirs,executors,administrators,personalrepresentatives,successors,and assignsof theparties
hereto.
DATED this day of ,20&.
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 12/01/20mdb/bc
95
GRANTOR:BILLINGS CLINIC,A MO TANA
NONPROFIT C RP TI N
By:
Title:\
STATE OF MONTANA )
County of L
On thisc e day of hr onbeA/,20_@_.,beforeme theundersigned,aNotary
Public forthe Stateof Montana,personallya peared Y¼dr.-h hopb
known to me tobe the\/ùnRPeirleM cf Trel .hNb3 of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose name is subscribedtothe within instrumentand
acknowledged tome thathe executed thewithin instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAL)Notary licforthe StateofMontana
9.Y,ce BRITTANYCECll
AR/-f NOTARY PUBUC forthe
.Ñ :StateofMontana
SEAL :.ResídingatBilungs,Montana
.,,.My CommissionExpires
¢oy April06,2021
P:15063_02\legal\PubAccEasementSdwk.docx 2 11/²5/20mdb/bc
96
ACCEPTED:CITY OF BO7EMAN
By:
ty anager
ATTEST:
City Clerk .
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of ,20N,beforeme,a Notary Publicfor
the Stateof Montana,personallyappeared JEFF MlHELICH and MIKE MAAS,known to me to
be the City Manager and City Clerk,respectively,of the City of Bozeman and thepersonswhose
names are subscribedto the within instrument,and acknowledged to me thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
)
HEATHER B EN ENU
Notary Publicforthe Stateof Montana
OTA c fortheStateofMontana.Residinast:
SEAL.wi Bozernan,è amena
My CommissionExp;rès:,January26,2022
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 3 12/01/20mdb/bc
97
EXHIBIT A
PUBLIC STREET &UTILITY EASEMENT WITHIN
LOT 2A-1 0F MINOR SUBDIVISION #221F
PREPARED BY :SANDERSON8TEWART BOZEMAN,MONTANA
7RACT A-1,C.O.S.165A
E C U
ROAD EASEMENT
LOT 2A-1,MINOR SUB./221F
NEW 20'WIDE
PUBLIC STREET &
UTILITY EASEMENT
N EASEMENT
EASEMENT
E SEMENT
CATTAIL LAKE SUB.
**
R R M
Q 18972LS
NORTH
SCALE:1"=100',,,
15063_02_EASEMENT_BASE.DWG15063.02 10/28/20MDB
98
AfterRecording,R To:
CityofBozer
12]Rou ve.
Boz anMT 59715
Retum to:
City of Bozeman
City Clerk
2716625
Ê°
B"'23°
m sin an:t a°!utu'e"%R°°ozernan,MT 59771-1230
MHIHRIMElllE211XMlHMllEHilMlH
UTILITY EASEMENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsiderations,receiptof which is
acknowledged,grantstoThe City of Bozeman,a municipal corporationof the Stateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a non-exclusiveperpetualutilityeasement the use of each and every person,firm or
corporation,whether publicor private,providingor offeringtoprovide telephone,electricpower,
gas,intemet,cabletelevisionor othersimilarutilityor service,therighttothejointuse of an
easement for theconstruction,maintenance,repair,and removal of theirlinesand otherfacilities,
in,through,and acrossa stripof land situatedinGallatinCounty,Montana,10 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,accordingto the officialplaton filein theofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon theattachedExhibitA,which by this
referenceismade a parthereof.
The GRANTOR statesthatitpossessestherealpropertydescribedabove and thatithas a
lawfulrightto grantan easement thereon subjectto othereasements,covenants and restrictionsof
record.The easement isnotexclusive,and GRANTOR retainstherightto utilizetheeasement
area and to grantuse rightstoothersinGRANTOR's solediscretion.Nothing containedherein
shallgranteasement or otheraccessrightstothe generalpublic.
The GRANTOR furtheragreesthatthe GRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR.The
GRANTEE willnot unreasonably interferewith GRANTOR's use and operationof,and
accessto,GRANTOR's property.The GRANTEE willprovidereasonablenoticeof
GRANTEE's intentto use the easement (exceptincase of emergency).Following completion
of work inthe easement area,GRANTEE willas promptly as reasonablypracticablereturn
the propertytosubstantiallythe same conditionas existedpriortothebeginning of work,
except forappurtenancesto the underground linesand facilitieswhich are requiredtobe
installedon or above thesurface.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding
upon the heirs,executors,administrators,personalrepresentatives,successors,and assignsof the
partieshereto.Any person or entityutilizingtherightsgrantedpursuanttothisPublicUtility
Easement agrees,by utilizingsuch rights,to be bound by the terms hereofand agrees to utilize
theeasement area inaccordance with thisPublic UtilityEasement.
DATED this day of e./,20h.
P:15063_02\legal\UtilityEasementdocx 11/25/20mdb/bc
99
GRANTOR:BILLINGS CLINIC,A MÖþTANA
NONPROF T ORP T10N
By·
Title:Ør
STATE OF MONTANA )
:ss
County of hu bby¼)
On this A day of Ú91 20 2D ,beforeme theundersigned,a Notary
Public forthe Stateof Montana,personallyappeared VM ihhs hop\e.an
known tome tobe the tohe&\edt Nd of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose nam issubscribedto thewithininstrumentand
acknowledged tome thathe executed the within instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAl,1 Notary Pyhûc forthe StateofMontana
92 BRIFTANYCECIL
Asi
*NOTARY PUBUC forthe
.StateofMontana
se AL .Re.ano.B-s...Moni.n.
My CommkslonExpires
4òyöF -Aprilos.2021
P:15063_02\Leg:d\PubAccEasementsdwk.docx 2 1i/25/20mdb/bc
100
ACCEPTED:CITY OF BO7EMAN .
By:
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of Ñ//Ü .,20Á,beforeme,a Notary Public for
the Stateof Montana,personallyappeared JEFF MIHELICH and MIKE MAAS,known tome to
be theCity Manager and City Clerk,respectively,of theCity of Bozeman and the personswhose
names are subscribedto the within instrument,and acknowledged tome thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
,,HEATHER B!ENVErÑE
fortheSta o ntana
m Oontana
Notary Public fortheStateof Montana
My CommissionExpires·
January26,2022
P:15063_02\Legal\UdlityEasement.docx 3 ii/25/20mab/bc
101
EXHIBIT A
UTILITY EASEMENT WITHIN LOT 2A-1 0F
MINOR SUBDIVISION #221F
PREPARED BY :SANDERSONSTEWART B0ZEMAN,MONTANA
1RA C T A -1,C.O.S 165A
ROAD EASEMENT
LOT 2A-1,MINOR SUB.f221F
-NEW 10'WIDE
PUBLIC UTILITY
EASEMENT
EXISTING40
EASEMENT
EET E SEMENT
CATTAIL LAKE SUB.
=ÉSE S B
+
**
TR M
18972LS
NORTH t
SCALE:1"=100'
isos_02_EASEMENT_BASE.DWG15063.01 10/2B/20MDB
102
Inter-office Original to:
City of Bozeman
City Clerk PO Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BILLINGS CLINIC BOZEMAN CAMPUS ANNEXATION AND ZONE MAP AMMENDMENT
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Portion of Lot 2A-1 of Minor Subdivision 221F, Section 26, T1S, R5E, P.M.M.
Gallatin County, Montana.
IN CONSIDERATION of receiving approval for the Annexation and Zone Map
Amendment of the subject property from the City of Bozeman, along with accompanying
rights and privileges and for other and valuable consideration, the receipt of which is
hereby acknowledged, in recognition of the impacts to traffic and utilities that will be
generated by the development of the above-described property have waived and does
hereby for itself, successors and assigns, the right to protest the creation of one or more
special districts or special improvement districts for the design and engineering,
construction and maintenance of the following improvements:
a) Street improvements to East Valley Center Road including paving,
curb/gutter, sidewalk, lighting and storm drainage
b) Street improvements to North 27th Avenue including paving, curb/gutter,
sidewalk, lighting and storm drainage
c) Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
d) Street improvements to West Lake Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
e) Intersection improvements to East Valley Center Road and North 27th
Avenue
f) Intersection improvements to East Valley Center Road and Davis Lane
g) Intersection improvements to East Valley Center Road and Catamount Street
h) Intersection improvements to Catamount Street and North 27th Avenue
i) Intersection improvements to Catamount Street and Davis Lane
Landowner agrees the City has the sole right to control the design and construction of
such improvements and may include any of the above components and others necessary to
ensure such improvements comply with all adopted City infrastructure plans and
requirements. Further, the Landowner waives its right to make any written protest
103
against the size or area or creation of the district be assessed in response to a duly passed
resolution of intention to create one or more special improvement district which would
include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of
said improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the limited partnership, provided however this waiver shall apply to the
lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this _____ day of ____________________, 2021.
______________________________ By
Title
STATE OF MONTANA ) :ss )
County of Gallatin )
On this _____ day of _______________, 2021, before me, a Notary Public for the
State of Montana, personally appeared _______________________________ known to me
to be the _________________________ of , the corporation
that executed the foregoing Waiver of Right to Protest, and acknowledged to me that
he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and
year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires: / /20
104
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Billings Clinic BozemanBillings Clinic Bozeman
BILLINGS CLINIC BOZEMANAnnexation and Zone Map Amendment Application
Updated September 1, 2021
Prepared by:Sanderson Stewart1300 North Transtech WayBillings, MT 59102406.869.3333
105
Annexation and Zone Map Amendment - Billings Clinic Bozeman
THIS PAGE INTENTIONALLY LEFT BLANK
106
Annexation and Zone Map Amendment - Billings Clinic Bozeman
BILLINGS CLINIC BOZEMAN: Annexation and Zone Amendment Application
Table of Contents
Project Information
Project Location ..............................................................................................................................................4
Project Team .....................................................................................................................................................4
Annexation and Zone Map Amendment
Application Forms and Checklists ............................................................................................................5
Project Narrative
Overview ............................................................................................................................................................12
City of Bozeman Annexation Goals .........................................................................................................13
City of Bozeman Annexation Policies .....................................................................................................14
Responses to Rezoning Criteria ................................................................................................................17
Exhibits
Exhibit A: Project Vicinity Map ..................................................................................................................20
Exhibit B: Annexation Map ..........................................................................................................................22
Exhibit C: Utility Map .....................................................................................................................................24
Exhibit D: Existing Zoning Map .................................................................................................................26
Exhibit E: Proposed Zoning Map ..............................................................................................................28
Exhibit F: Zone Map Amendment ............................................................................................................30
Noticing Materials ..........................................................................................................................................32
107
Annexation and Zone Map Amendment - Billings Clinic Bozeman 4
PROJECT INFORMATION
PROJECT LOCATION
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
PROJECT TEAM
Applicant:Billings ClinicContact: Mitch Goplen2800 10th Avenue NorthBillings, MT 59101406.657.4036mgoplen@billingsclinic.org
Property Owner:Billings Clinic2800 10th Avenue NorthBillings, MT 59101
Representative:Sanderson StewartContact: Patrick Davies1300 North Transtech WayBillings, MT 59102406.869.3333pdavies@sandersonstewart.com
108
5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
109
6Annexation and Zone Map Amendment - Billings Clinic Bozeman
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Patrick Davies,Sanderson Stewart
1300 North Transtech Way,Billings MT 59102
406.869.3333
pdavies@sandersonstewart.com
110
7Annexation and Zone Map Amendment - Billings Clinic Bozeman 111
ANNX
Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Required Forms:
ANNEXATION AND INITIAL ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed annexation with an initial zone map amendment. If an independent zone map amendment without annexation is proposed see form ZMA. Complete and signed development review application form A1. Plan sets that include all items required in the annexation and initial zoning checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,670 ANNEXATION CHECKLIST 1.The following questions pertain to the goals adopted by the City Commission in Commission ResolutionNo. 3907.
Yes No a.Is the property contiguous to the City of Bozeman?b.Is the property wholly surrounded by the City of Bozeman?c.Is the property currently contracting with the City for municipal services such as water,sanitary sewer and or fire protection?a.If so, which City services are currently being contracted for?d.Does the property lie with the service boundary of the existing sewer system asdepicted in the City’s growth policy?2.The following questions pertain to the policies adopted by the City Commission in CommissionResolution No. 3907.
Yes No a.Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets?b.Is/Are the property owners(s) willing to sign waivers of right to protest the creationof future Special Improvement Districts to provide the essential services for futuredevelopment of the City?c.Is/Are the property owner(s) willing to transfer usable water rights, or anappropriate fee in-lieu thereof, to serve the expected population of the land whenfully developed?
xx
x
x
x
x xx
x
xx
x
8Annexation and Zone Map Amendment - Billings Clinic Bozeman 112
Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Presentation of submitted plans and specifications
d.Does the desired future development of the subject property conform to the City’sgrowth policy? If not, a growth policy amendment will be necessary to accommodatethe anticipated uses, which may be initiated by the applicant and reviewedconcurrently with this application.a.If a growth policy amendment is necessary, is it included with this application?e.The property will need to be rezoned with an initial urban zoning designation. Thezone map amendment will be reviewed concurrently with this application. Is azoning map amendment application included with this application?f.Do unpaved county roads comprise the most commonly used route to gain access tothe property?g.If it is found that adequate services cannot be provided to ensure public health,safety and welfare, has the property owners(s) provided a written plan for theaccommodation of these services?h.Does the property owner acknowledge that the City of Bozeman assesses a systemdevelopment/impact fee and agrees to pay any applicable development/impact feesin accordance with Chapter 3.24 of the Bozeman Municipal Code?3.If the property is currently in agricultural use please identify current crops/conditions.4.Number of residential units existing on the property?5.Number and type of commercial structures on the property?6.Estimate of existing population of the property?7.Assessed value of the property?8.Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)9.Any additional information that will be helpful in the City’s review of the application.ANNEXATION MAP REQUIREMENTS 10.Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet11.Scale, north point arrow and date of preparation12.Subject property well defined13.Land use pattern of surrounding area14.Existing zoning of surrounding property15.Boundaries of proposed zoning (if more than one designation being requested) well defined16.Proximity of all existing and proposed water and sewer mains and extensions17.Location of all structures on the subject property18.Adjacent streets and street rights-of-way19.Existing on-site streets and street rights-of-way20.Water bodies and wetlandsZONE MAP AMENDMENT REQUIREMENTS 1.A thorough project narrative including a detailed response to the following for the zone mapamendment:a.Is the new zoning designed in accordance with the growth policy? How?b.Will the new zoning secure safety from fire and other dangers? How?c. Will the new zoning promote public health, public safety and general welfare? How?d.Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,parks, and other public requirements? How?e. Will the new zoning provide reasonable provision of adequate light and air? How?f.Will the new zoning have an effect on motorize and non-motorized transportation systems? How?g.Does the new zoning promote compatible urban growth? How?h.Does the new zoning promote the character of the district? How?
x
N/Ax
xx
x
N/A000TBD Ext. high pressure gas line
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12Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
OVERVIEW
In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the first facility includes a multi-specialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
This application is a request for annexation and initial zoning for a portion of the Billings Clinic Bozeman campus property. The campus consists of approximately 58 acres located at the western corner of East Valley Center Road and North 27th Avenue.
This application is part of a series of development applications and filings relating to the Billings Clinic Bozeman campus property, including:
A Growth Policy Map Amendment (GPA) changing the designated land use of the campus to Regional Commercial and Services. (completed)
A Zoning Map Amendment (ZMA) requesting Community Business District (B-2) zoning for the portion of Lot 2A of Minor Subdivision 221E that has been zoned Residential Office (R-O). (completed)
A Master Site Plan for infrastructure improvements. (completed)
Site Plan Application for Phase 1 improvements. (completed)
The subject property is described as follows:
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
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13Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
CITY OF BOZEMAN ANNEXATION GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
The proposed area to be annexed is contiguous to the existing City limits directly to the east.
2. The City encourages all areas that are totally surrounded by the City to annex.
The proposed area to be annexed is not totally surrounded by the City limits, but is contiguous.
3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer,
and/or fire protection to annex.
The proposed area to be annexed is not currently contracting with the City for City services, but
proposes to utilize City services upon upcoming development of the property.
4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned
service area of the municipal water and sewer systems as depicted in their respective facility plans, any land
proposed for development that proposes to utilize municipal water or sewer systems.
The proposed area to be annexed is located within the City’s planned service area. Municipal water and
sewer systems are proposed to serve the property.
5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman
Growth Policy.
The proposed area to be annexed is designated as “Regional Commercial & Services” on the future
land use map.
6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular
extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land.
The proposed area to be annexed does not create any irregular extensions or leave gaps between
annexed areas or islands of annexed or unannexed land.
7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for
circulation systems that do not exist at the present time.
The proposed street network for the proposed master plan for the development provides internal
traffic circulation and connections to existing adjacent streets to enhance traffic circulation in the
immediate area.
8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller
parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities,
etc., justify a smaller annexation.
The proposed area to be annexed is 4.24 acres in size, but the proposed annexation is an extension of
the existing portion of the parcel already annexed into the City of Bozeman.
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Annexation and Zone Map Amendment - Billings Clinic Bozeman
9. The City seeks to obtain water rights adequate for future development of the property with annexation.
Cash in-lieu of water rights and/or transfer of any existing water rights (if applicable) is proposed to
address the City’s desire to acquire additional water rights.
10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer.
The proposed development is proposed to utilize municipal services for water and sanitary sewer in
accordance to City of Bozeman and Montana Department of Environmental Quality requirements.
City of Bozeman Annexation Policies
1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local
streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way
for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or
improvement districts necessary to provide the essential services for future development of the City.
Acknowledged. Dedication of the necessary easement for Davis Lane is provided with this application.
A waiver of right to protest the creation of special improvement districts is also provided.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for
annexation.
Acknowledged. A Master Site Plan is currently under review by the City of Bozeman. The majority of
the property is currently zoned Community Business District (B-2) and the portion to be annexed is
proposed to be zoned B-2 as well as part of this application.
3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy
Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the
property owner and completed prior to any action for approval of the application for annexation.
A Growth Policy Amendment was previously approved for the proposed parcel and the parcel has a
future land use designation of Regional Commercial & Services.
4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance
with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
Acknowledged. The Owner is proposing that the area to be annexed be zoned Community Business
District (B-2) to be consistent with the remainder of the parcel and align with the future land use
designation of Regional Commercial & Services.
5. The applicant must indicate their preferred zoning classification as part of the annexation petition.
The Owner is proposing that the area to be annexed be zoned Community Business District (B-2) to be
consistent with the remainder of the parcel.
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6. Fees for annexation processing will be established by the City Commission.
Acknowledged.
7. It is the policy of the City that annexations will not be approved where unpaved county roads will be the most
commonly used route to gain access to the property unless the landowner proposes a method to provide for
construction of the road to the City’s street standards.
All adjacent roads and proposed access points are existing paved roads at this time.
8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water
rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as
amended.
Acknowledged.
9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety
and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate
services cannot be provided to ensure public health, safety and welfare, the City may require the property owner
to provide a written plan for accommodation of these services, or the City may reject the petition for annexation.
Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin
defined in the City Wastewater Collection Facilities Plan.
Acknowledged.
10. The City may require annexation of any contiguous property for which city services are requested or for which city
services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service
outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation
of the property serviced by the City. The City Manager may enter into an agreement with a property owner for
connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the
property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County
Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner
to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an
emergency requires, when feasible as determined by the City, the connection to City water services.
Acknowledged.
11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public
Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision
plat on file with the Gallatin County Clerk and Recorder.
Acknowledged.
12. The mapping may be waived by the Director of Public Works.
Acknowledged.
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13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6,
Division 9, Bozeman Municipal Code.
Acknowledged.
14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the
zone map amendment required with all annexation. The zone map amendment notice must contain the materials
required by 38.220.410, BMC.
Acknowledged.
15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation
agreement by the City, unless another time is specifically identified by the City Commission.
Acknowledged.
16. When possible, the use of Part 46 annexations is preferred.
Acknowledged.
17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The
City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in
trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not
lessen the obligation to participate in general city programs that address the same subject.
Acknowledged.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of
applications for annexation.
Acknowledged.
19. The City will require connection to and use of all City services upon development of annexed properties. The City
may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved
by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer
system. Upon development, unless otherwise approved by the City, water wells on the subject property may be
used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells
disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
Acknowledged.
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17Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
Zoning Correlation With Land Use Categories
RESPONSES TO THE REZONING CRITERIA
a. Is the new zoning designed in accordance with the growth policy? How?
The proposed B-2 zoning will be in compliance with the Bozeman Community Plan, for the Regional Commercial and
Services land use designation of the property. Chapter 3: Future Land Use of the Community Plan requires that zoning
conform to land use designations. As shown in Correlation with Zoning table, the proposed B-2 zoning designation
conforms with the proposed Regional Commercial and Services land use designation.
b. Will the new zoning secure safety from fire and other dangers? How?
The proposed project will be all new construction. All facilities will be built to the latest applicable building and fire
codes. In addition, new infrastructure including internal streets, sidewalks and trails, water and sewer mains, and
private utilities will be installed as part of future development of the campus. These improvements will enhance safety
by providing improved transportation connections and reliable water supply for fire suppression.
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PROJECT NARRATIVE
c. Will the new zoning promote public health, public safety and general welfare? How?In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the campus includes a multispecialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
The design intent of the Billings Clinic Bozeman campus is to provide a place for medical services to blend with complementary commercial, retail and residential uses to honor Bozeman’s core value as a well-planned community. The campus will contain design features that promote superior functionality and wayfinding, easy access to quality health care, a satisfying and safe environment for the individuals that work in and visit the area, easy pedestrian access, limited vehicular congestion, and pleasant and consistent architectural design and landscaping. To accomplish this, it will include features such as smaller building footprints and higher structures in appropriate locations, parking lots and structures interspersed amongst buildings and open space, and a public park and trail system connecting to Cattail Lake Park.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?A project of this scale will require investment in infrastructure. Future site development will include improvements to public services within the property. These improvements, while critical for the projected uses of the campus, will also create opportunities for growth for northwestern Bozeman. Infrastructure that will be built in conjunction with future site development will provide improved connectivity to the surrounding neighborhoods.
e. Will the new zoning provide reasonable provision of adequate light and air? How?The zone map amendment will allow the campus to be developed as a master planned campus. Through thoughtful design of site circulation, pedestrian access, building placement and other amenities, the site development will provide for adequate light and air for residents, visitors and workers within the campus.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?The future development of the campus will positively impact the area’s transportation system as the existing transportation network will support the campus as a regional center, allowing for access from multiple arterial and collector streets. While specific improvements have not been designed, it is anticipated that the site will improve connectivity in the area by extending local streets and trails and including new transit stops. All internal streets will have an enhanced streetscape that will accommodate pedestrians, bicycles and a healthy tree canopy to provide for their comfort and convenience.
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PROJECT NARRATIVE
g. Does the new zoning promote compatible urban growth? How?The future development of the campus will provide for needed services for the community and will enhance livability with improved access, connectivity, services and employment centers, and improved health and safety for the area. By providing for services and employment, the future development of the campus has the ability to reduce commutes and travel trips for nearby neighborhoods.
The location of the medical campus along I-90 and East Valley Center Road will also allow regional users to access the site without impacts to local traffic while providing multispecialty medical care to the northwestern area of the City and close environs. As the community continues to grow, additional areas for commercial development will need to be designated. There is recent commercial development directly to the east of the campus along N. 27th Avenue and the addition of the medical campus further solidifies the area as a regional center for commerce and employment.
h. Does the new zoning promote the character of the district? How?Given the scale of the campus and the intent to phase the development, the character of the community can be established by design guidelines for buildings, streetscape and landscape. The center-based development pattern will be supported by locating centers at the intersection of arterial and collector streets. The campus will contain design features that promote superior functionality, with pleasant and consistent architectural design and landscaping.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? The I-90 and North 19th Avenue interchange is already developing as a regional retail center and the addition of the medical campus further solidifies the area as a regional center for commerce and employment. The Community Plan calls for local and regional centers and that they be located along major transportation corridors such as I-90. This campus is adjacent to existing and proposed development to the south and east and reflects the direction of commercial growth within the City. Recent development applications indicate that additional commercial land will be needed in this area.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?All future development of the campus will comply with the requirements outlined in the UDC, the design standards required by the City’s engineering design code, and other regulations to ensure consistency with the nearby existing and planned development patterns, aiding in the conservation and increase of property values.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?Yes, the zoning designation change is intended to address the demand for a regional campus to serve the medical needs of the community. The creation of the medical campus will promote a positive economic development and is an appropriate use for this subject property. In addition to its proximity to I-90, the campus is bounded by East Valley Center Road (Principal Arterial), Davis Lane (Minor Arterial) and North 27th Avenue (Collector). The development of a medical campus at this location encourages the most appropriate use of the land.
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20Annexation and Zone Map Amendment - Billings Clinic Bozeman
EXHIBIT A: VICINITY MAP
Cattail
Lake
Park
Cattail
Lake
ParkDavis LnWestlake Rd.
200 Foot property
line offset
Catamount St.
Catron St.Warbler WayN 27th Ave.Springhill Rd.N 19th Ave.I-90
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BOZEMAN DEV. LLC Parcel
CITY OF BOZEMAN
Parcel
CITY OF BOZEMANParcel
EASTLAKEPROFESSIONALCENTER, LLCParcel
SPIRE HOLDINGS LLCParcel
VC DEVELOPMENT LLC
Parcel
BOZEMAN ELEM AND HIGH SCHOOL DIST #7
Parcel
TROUT
MEADOWS LLCParcelSCHAPLOW FARMS LLC
Parcel
SCHAPLOW FARMS LLCParcel
SCHAPLOW FARMS LLC
Parcel
CATTAIL LAKE SUBParcel
CITY OF BOZEMAN
Parcel
VANIMAN
Parcel
MEADOWLARKLEGACY LLCParcel
East
G
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Half Mile from Site Boundary (approx.)
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BILLINGS CLINIC BOZEMAN CAMPUS
NORTH
100 50 0
SCALE:1" = 100'
100 200
INTERSTATE
Annexation Tract Legal Description
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1Annexation and Zone Map Amendment - Billings Clinic Bozeman 22
EXHIBIT B: ANNEXATION MAP
Billings Clinic Bozeman Campus
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 24
EXHIBIT C: UTILITY MAP
Billings Clinic Bozeman Campus
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Segment of 27th Ave.
Road to be Improved
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Waste Water
Treatment
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Cattail Lake
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Lift Station - Location TBD
Proposed Davis Lane
Lift Station - Location TBD Proposed
Interstate
Crossing
Proposed
Interstate
Crossing
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Proposed Gravity Main
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Segment of 27th Ave.
Road to be Improved
Connect to
Existing
Water Main
Municipal
Waste Water
Treatment
Westlake Rd.
Cattail Lake
ParkDavis Ln.Catamount St.N 27th Ave.N 27th Ave.N 19th Ave.Springhill Rd.E. V
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Existing Water Line
Proposed Water Line
Existing Sanitary Sewer Line
Proposed Sanitary Sewer Line
Utilities
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Agricultural
Suburban
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
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200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 26
EXHIBIT D: EXISTING ZONING MAP
Billings Clinic Bozeman Campus
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B-2
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
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200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 28
EXHIBIT E: PROPOSED ZONING MAP
Billings Clinic Bozeman Campus
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NORTH
100 50 0
SCALE:1" = 100'
100 200
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EXHIBIT F: ZONE MAP AMENDMENT
Billings Clinic Bozeman Campus
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33Annexation and Zone Map Amendment - Billings Clinic Bozeman
Property Owners
Within 200 Feet of the Project Site
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from
Montana Dept. of Revenue
1 S26, T01 S, R05 E, Acres 15.99, S2NW4 S
Of Rw Less Hwrw
Bozeman Development LLC 899 W. Foothill Blvd Ste G
Monrovia, CA 91016-1973
2 Minor Sub 221B, S26, T01 S, R05 E, Lot
4, Acres 17.679, Plus Open Space
Bozeman Elem And High School Dist
#7
404 E Main St
Bozeman, MT 59715-4752
3 Cattail Lake Sub Ph 1 & 2, S26, T01 S,
R05 E, Lot R, Acres 7.9851, (Remainder)
Remainder At Trout Meadows LLC 7403 Highline Ct
Missoula, MT 59808-9389
4 Cattail Lake Sub Ph 1 & 2, S26, T01 S, R05 E,
Acres 18.349, Park, Plat J-471
Cattail Lake Sub Ph 1 & 2 Park Area Catamount St.
Bozeman, MT 59715
5 S26, T01 S, R05 E, C.O.S. 165A, Parcel
A, Acres 10
Vaniman Donald D Trust 1/2 Int
Vaniman Cecilia R Trust 1/2 Int
5020 Westlake Rd
Bozeman, MT 59718-9743
6 S27, T01 S, R05 E, Acres 101.833, E2Se4,
E2E2W2Se4 & Tract Being 25 1/2 Rds X
11 1/2 Rds
Schaplow Farms LLC 9481 Nash Rd
Bozeman, MT 59715-9579
137
RCREVISION AND CORRECTION
SUBMITTAL FORM
REVISION AND CORRECTION FORM PROCEDURE
This form is for changes or corrections to an existing application. Additional or revised plans or documents will not be accepted
unless accompanied by this completed form. Fees are required for third and subsequent revisions.
SUBMITTAL REQUIREMENTS
1.A completed RC revision/correction submittal form. It must be the first item in the resubmitted set.
2.Ensure all original and updated plans and documents are included in the file and meet digital naming protocol. Each
individual document or plan sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have
any spaces (use capital letters to delimit words), and includes the name of the item. Digital version of all materials as a JPEG
or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller
files. Ensure the layers are flattened.
3.Revised drawings must be updated with a new current date on each revised sheet. Title sheet table of the contents/plan
schedule must be updated with new dates for each sheet modified. Retain the original date on sheets that have not been
updated or revised and include them with the submittal.
4.A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail.
Changes to plan sheets must include sheet and detail numbers.
5.All changes must be clouded or highlighted on each plan set.
6.Legal documents, studies, letter or other documentation must have a clear date of revision on the front page.
7.Re-submittal of plans must be complete plan sets. No individual sheets will be accepted.
Community Development
APPLICATION FEE
Fee (after third and subsequent submittal) 1/4 of the total original application fee
SUBMITTAL INFORMATION
Application File No: Application Type:
Project Name:
Contact Name:
Phone:
Email:
SUBMITTAL TYPE
NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and
has not been reviewed before.
CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the
applicant.
If both types are being submitted, the written narrative must clearly differentiate between changes and corrections. If there are
changes to preliminary approved plans or approved plans, please use the modification application process (MOD application).
Revisions and Corrections Submittal Form Page 1 of 2 Revision Date: February 2021 138
REVISION AND CORRECTION
SUBMITTAL FORM
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Revisions and Corrections Submittal Form Page 2 of 2 Revision Date: February 2021 139
From:Brian Heaston
To:Lenna Johnson
Cc:Lauren Waterton; Griffin Nielsen
Subject:RE: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
Date:Tuesday, August 17, 2021 1:22:59 PM
Attachments:image005.emzimage006.pngimage007.pngimage008.png
Hi Lenna – From what you describe, compliance with 38.410.130 – Water Adequacy isn’t required. Compliance with
this code section generally isn’t triggered by annexations. The exception to that is when existing building(s) on the
land to be annexed require immediate connection to water and sewer utilities and the annual water demand for those
new connections exceeds 0.25 Acre-feet/yr.
Hope that helps,
Brian Heaston, PE
Senior Engineer
City of Bozeman - Engineering
20 E. Olive St.P.O. Box 1230
Bozeman, MT 59771
(406) 582-2280
bheaston@bozeman.net
From: Lenna Johnson <ljohnson@sandersonstewart.com>
Sent: Tuesday, August 17, 2021 2:14 PM
To: Brian Heaston <bheaston@BOZEMAN.NET>
Cc: Lauren Waterton <lwaterton@sandersonstewart.com>
Subject: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Brian,
We are working on the annexation and initial zoning for a small parcel (yellow with red circle) adjacent to the
proposed Billings Clinic Bozeman Campus off of Davis Ln and E Valley Center Road. The City has requested that there is
a cash in-lieu of water rights (CILWR) analysis completed for the parcel that will be annexed. The parcel, however, isn’t
intended to be developed on except for a single access road that will connect Davis Ln to the new Clinic site. How does
CILWR work for vacant land without any planned development? What information do you need to complete that
analysis? Let me know how we can move forward in this process.
As a visual:
140
Thanks for your time,
Lenna
Lenna Johnson
Staff Planner
t: 4069224321
Billings • Bozeman • Denver • Fort Collins
We are proud to be selected as a Best Firm To Work For for the 4th time!
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may
be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender
and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record
retention policies. Emails that contain confidential information such as information related to individual privacy may
be protected from disclosure under law.
141
NORTH
100 50 0
SCALE:1" = 100'
100 200
P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ZONE_MAP_AMENDMENT.dwg, 24x36 LANDSCAPE, 9/1/2021 16:36:28, lhendricks, 1:1142
ZONEAGRICULTURESUBURBANZONE M-2ZONEAGRICULTURESUBURBANZONE PLIZONE R-4ZONE B-2ZONE B-2BILLINGS CLINIC BOZEMAN CAMPUSNORTH100500SCALE:1" = 100'100200INTERSTATE90Annexation Tract Legal DescriptionA Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1
143
Memorandum
REPORT TO:Community Development Board
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Anna Bentley, Community Development Deputy Director
SUBJECT:Application 20132, Billings Clinic Annexation and Zone Map Amendment
Requesting 4.239 Acres of B-2 Zoning, Located Southeast of the Intersection
of Davis Lane and Westlake Road
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20132 and move to recommend
approval of the Billing Clinic Annexation and Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The application proposes an initial designation for roughly 4.239 acres of B-2
zoning. The total acreage for zoning includes the adjacent Davis Lane right-
of-way. The zone map amendment application does not authorize any
construction. Prior to any further development of the site, a subdivision or
site plan application (or both) must be submitted, reviewed against all
applicable development criteria, and approved. Any development proposal
must demonstrate compliance with City standards and adequate
infrastructure (such as streets, water, parks, and sewer) to meet needs of
the development.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No fiscal effects have been identified. No presently budgeted funds will be
144
changed by this Zone Map Amendment.
Attachments:
20132 Billings Clinic ANNX ZMA ZC SR .pdf
20132 Billings Clinic ANNX Post Notice Revised.pdf
Comment_ResponseLetter_090221.pdf
Doc_2716624_Public_Street_Esmt.pdf
Doc_2716625_Utility_Esmt.pdf
SID_Waiver_NotSigned_090121.pdf
Annexation_Zoning_Updated_090121.pdf
BillingsClinic_RC.pdf
CILWR_Email_083121.pdf
ZMA_Exhibit_090121.pdf
AnnexationMap__090121.pdf
Report compiled on: January 20, 2022
145
Page 1 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 2 of 22
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.
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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
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SECTION 1 - MAP SERIES
Project Vicinity Map - Zoning
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Project Vicinity Map – Current Land Use
150
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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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 8 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 11 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 16 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 17 of 22
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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Staff Report for the 20132; Billings Clinic Annexation & Zone Map Amendment Page 18 of 22
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
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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
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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.”
165
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
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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
167
REVISED
NOTICE OF A PUBLIC HEARING FOR AN ANNEXATION AND
ZONE MAP AMENDMENT APPLICATION
This application is evaluated against the criteria of Commission Resolution 5076 for annexation and the
municipal zoning criteria of state law, 76-2-304, Montana Code Annotated, which are contained in Section
38.100.040.C of the municipal code. Approval or contingent approval may be granted if the City
Commission determines all criteria are met.
The public may comment orally at the public hearings or in writing at or prior to the public hearings
regarding compliance of this application with the required criteria. Comments should identify the specific
criteria of concern along with facts in support of the comment. During the notice period the City will
continue review for compliance with applicable regulations.
Project Name: Billings Clinic Annexation and Zone Map Amendment Application: 20132
Summary: 4.239 acres and Zone Map Amendment application on April 29, 2020 requesting annexation
and initial zoning designation for roughly 4.239 acres of B-2 (Community Commercial) and a portion of
Davis Lane right of way.
Parcel size: 4.239 acres and
adjacent right of way
Location: Westside of Davis Lane and SW of the intersection
of Davis and Westlake
Legal Description Lot 2A-1 of Minor Subdivision 221F, City of Bozeman, Gallatin County, Montana
Noticing:
Public Comment
Period
1/9/2022 to
2/8/2022
Newspaper Legal Ad
1/9/2022
1/16/2022, and
1/23/2022
Site Post
1/8/2022
Adjacent Owners
Mailed
1/8/2022
Advisory
Board:
Board
Zoning Commission (for zone map
amendment only)
Meeting Date
Monday, January 24, 2022 at 6:00 PM via
WebEx.
(Instructions for participating in the e-
meeting will be included on the meeting
agenda which is published on the City’s
website at least 48 hours prior to the
meeting. The agenda is available in the
Meetings and Events portion of the City’s
website at
https://www.bozeman.net/home)
Decision:
Authority and Decision
The City Commission public hearing and decision is scheduled for Tuesday, February
8, 2022 at 6:00 PM via WebEx. (Instructions for participating in the e-meeting will be
included on the meeting agenda which is published on the City’s website at least 48
hours prior to the meeting. The agenda is available in the Meetings and Events portion
of the City’s website at https://www.bozeman.net/home)
168
At the City Commission’s public hearing the City Commission may act to approve, modify, or reject
the proposal or continue the public hearing to another date. The City Commission may revise any
of the proposed actions referred in this notice during the public hearing process.
The City will accept written protests from property owners against the proposal referred to in this
notice 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 (including the application number, 20132); and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to protest the action
against which the protest is lodged, including ownership of property affected by the action. Signers are
encouraged to print their names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be delivered to the
Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
Written comments may be directed to: City of Bozeman Department of Community Development, ATTN:
Jacob Miller, PO Box 1230, Bozeman, MT 59771-1230, or emailed to agenda@bozeman.net. Data on this
application are available at https://www.bozeman.net/government/planning/using-the-planning-map.
Select ‘Project Documents’ and navigate to application 20132. The full application may be reviewed in the
City of Bozeman Department of Community Development, Alfred M. Stiff Professional Building, 20 East
Olive Street, 582-2260. Please reference Application 20132 in any correspondence.
For those who require accommodations for disabilities, please contact the ADA Coordinator Mike Gray, at
582-3232 (voice), 582-2301 (TDD).
169
5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
170
September 2, 2021
Sarah Rosenberg, Associate Planner
Community Development Department – City of Bozeman
20 East Olive Street
Bozeman, MT 59715
Reference: Response Letter to City of Bozeman Comments – Billings Clinic Annexation and
Zone Map Amendment
Dear Sarah:
In response to your letter on June 17th, 2020, and the Engineering Division memorandum dated
June 16th, 2020, we have revised the application. Comments by City of Bozeman are provided in
black, while responses by Sanderson Stewart are provided in blue.
Section 1 – Recommended Contingencies Annexation
1. The documents and exhibits to formally annex the subject property must be identified as the
“The Billings Clinic Bozeman Campus Annexation”.
Response: The application documents reference “The Billings Clinic Bozeman Campus
Annexation”
2. An Annexation Map, titled “The Billings Clinic Bozeman Campus Annexation Map” with a
legal description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8
½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County
Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be
acceptable to the Director of Public Works and City Engineer’s Office and must be
submitted with the signed Annexation Agreement.
Response: The application includes the Annexation Map. Upon approval, a final map on
mylar will be provided to the City.
3. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from
the City to the applicant or annexation approval shall be null and void.
Response: The applicant acknowledges the timeline associated with the annexation.
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Sarah Rosenberg
September 2, 2021
Page 2
4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at
the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
Response: The applicant acknowledges the fees to be paid at the time of future
development.
5. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts for the following, if not already filed:
• Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, lighting, and storm drainage
• Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting,
and storm drainage
• Street improvements to West Lake Road including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Intersection improvements to East Valley Center Road and North 27th Avenue
• Intersection improvements to East Valley Center Road and Davis Lane
• Intersection improvements to East Valley Center Road and Catamount Street
• Intersection improvements to Catamount Street and North 27th Avenue
• Intersection improvements to Catamount Street and Davis Lane
Response: The required Waiver of Right to Protect document has been created and is
included as a draft with this submittal. The Waiver will be recorded prior to finalizing the
Annexation Agreement.
The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction
with the annexation, a waiver of right-to-protest creation of Special Improvement Districts
for a City-wide Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
Response: The required Waiver of Right to Protect will be recorded prior to finalizing the
Annexation Agreement.
6. The Annexation Agreement must include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services to
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Sarah Rosenberg
September 2, 2021
Page 3
the property in accordance with the City of Bozeman’s infrastructure master plans and all
city policies that may be in effect at the time of development.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
7. The applicant must properly abandon the existing on-site septic tank and leach field prior to
connection to the City sanitary sewer system. The applicant must report the abandonment
to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant
must report the abandonment to the Gallatin City County Health Department. In addition
to abandonment of the septic tank and leach field, the applicant must demonstrate that the
sanitary sewer service to the septic tank has been completely disconnected from the old
septic system prior to connection to the City sanitary sewer system.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
8. The applicant must contact Brian Heaston with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
Response: Brian Heaston was contacted regarding cash-in-lieu. Per his email response, any
cash-in-lieu of water rights would be paid at the time of development of the property. Not
cash-in-lieu will be required at the time of annexation.
Section 2 – Recommended Contingencies Zoning Map Amendment
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.
Response: The applicant acknowledges this contingency.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “The Billings Clinic Zone Map Amendment”.
Response: The applicant acknowledges this contingency, and all documents and exhibits
reference The Billings Clinic Zone Map Amendment.
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Sarah Rosenberg
September 2, 2021
Page 4
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.
Response: The application includes the Zone Map Amendment. Upon approval, a final
map will be provided to the City.
Section 3 – Planning Comments
1. Resolution 5076 was approved and adopted by the City Commission on October 28, 2019
and supersedes Resolution 4400 revising and reestablishing goals and policies for landowner
initiated annexation of properties to the City of Bozeman. This resolution is attached to this
report. The applicant must revise their narrative to address all goals and policies not already
directly covered in the already provided checklist and narrative.
Response: The project narrative has been revised and updated to address all goals and
policies of Resolution 5076.
Section 4 – Engineering Comments
1. Bozeman Municipal Code (BMC) 38.410.060 Easements – Right-of-way must be provided
with the annexation consistent with the City collector and arterial street standards for the
surrounding streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The
applicant should consult the City of Bozeman Design Standard and Specification Manual
and Transportation Master Plans for the required right-for-way.
a. The applicant must provide either the proposed Right-of-way (ROW) or a City
standard public street and utility easement for the same extents for Davis Lane which
falls within the property per the City’s Transportation Master Plan Appendix K
Pages 142-143, approximately 20 feet extending from the existing county road
easement.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
2. BMC 38.410.060 Easements – A minimum of a 10-foot utility easement must be provided
along the Davis Lane ROW, required in comment no. 1.a, for the extension of the dry
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Sarah Rosenberg
September 2, 2021
Page 5
utilities. The utility easement must be provided using the City’s standard language prior to
Annexation. The applicant may contact the Engineering Division to receive a copy of the
utility easement template.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
Section 5 – 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.
Response: The applicant acknowledges the above Advisory Comments.
Please do not hesitate to contact me if you have any questions or need any additional information
for these submittal materials.
Sincerely,
Pat Davies, PE, CDP, LEED AP
Senior Engineer | Market Lead
175
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PUBLIC STREET EASF,MENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsideration,receiptof which is
acknowledged,grantsto The City of Bozeman,a municipal corporationof theStateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a perpetualnon-exclusivestreetand utilityeasement forthe use of theGRANTEE,
in,through and acrossa stripof land situatedinGallatinCounty,Montana,20 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,according to theofficialplaton fileintheofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon the attachedExhibitA,which by this
referenceismade a parthereof.
This easement isgrantedforthe purpose of constructing,reconstructing,maintaining,
operating,servicing,repairingand replacingwater,sanitarysewer,and storm drainageservices
across,under and through saidrealproperty,togetherwith therightof freeingressand egressat
alltimes by GRANTEE and assignsforsaidpurposes.Furthermore,thiseasement isgrantedto
thepublicforthepurpose of ingressand egressby vehicularand pedestriantrafficatalltimes.
The GRANTOR statesthatitpossessesthe realpropertydescribedabove and thatithas a
lawfulrighttograntan easement thereon,subjecttoothereasements,covenants and restrictions
of record.The easement isnot exclusive,and GRANTOR retainsthe rightto utilizetheeasement
areaand tograntuse rightstoothersin GRANTOR's solediscretion.
The GRANTOR furtheragrees thattheGRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR subjectto
GRANTOR's rightto utilizethe easement areaand togranteasement and use rightstoothersto
theextentsuch usesand rightsdo not unreasonably interferewith GRANTEE's use of the
easement as setforthherein.The GRANTEE willprovide reasonablenoticeof GRANTEE's
intentto use the easement (exceptin case of emergency).Following completion of work inthe
easement area,GRANTEE willas promptly as reasonablypracticablereturnthe propertyto
substantiallythe same conditionas existedpriortothebeginning of work,except for
appurtenances tothe underground linesand facilitieswhich are requiredtobe installedon or
above thesurface.
Any person or entityutilizingtherightsgrantedpursuantto thiseasement forthepurpose
of constructing,reconstructing,maintaining,servicing,repairingand replacingwater,sanitary
sewer,and storm drainageservicesagreesto utilizetheeasement area inaccordance with this
easement.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding upon
the heirs,executors,administrators,personalrepresentatives,successors,and assignsof theparties
hereto.
DATED this day of ,20&.
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 12/01/20mdb/bc
176
GRANTOR:BILLINGS CLINIC,A MO TANA
NONPROFIT C RP TI N
By:
Title:\
STATE OF MONTANA )
County of L
On thisc e day of hr onbeA/,20_@_.,beforeme theundersigned,aNotary
Public forthe Stateof Montana,personallya peared Y¼dr.-h hopb
known to me tobe the\/ùnRPeirleM cf Trel .hNb3 of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose name is subscribedtothe within instrumentand
acknowledged tome thathe executed thewithin instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAL)Notary licforthe StateofMontana
9.Y,ce BRITTANYCECll
AR/-f NOTARY PUBUC forthe
.Ñ :StateofMontana
SEAL :.ResídingatBilungs,Montana
.,,.My CommissionExpires
¢oy April06,2021
P:15063_02\legal\PubAccEasementSdwk.docx 2 11/²5/20mdb/bc
177
ACCEPTED:CITY OF BO7EMAN
By:
ty anager
ATTEST:
City Clerk .
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of ,20N,beforeme,a Notary Publicfor
the Stateof Montana,personallyappeared JEFF MlHELICH and MIKE MAAS,known to me to
be the City Manager and City Clerk,respectively,of the City of Bozeman and thepersonswhose
names are subscribedto the within instrument,and acknowledged to me thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
)
HEATHER B EN ENU
Notary Publicforthe Stateof Montana
OTA c fortheStateofMontana.Residinast:
SEAL.wi Bozernan,è amena
My CommissionExp;rès:,January26,2022
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 3 12/01/20mdb/bc
178
EXHIBIT A
PUBLIC STREET &UTILITY EASEMENT WITHIN
LOT 2A-1 0F MINOR SUBDIVISION #221F
PREPARED BY :SANDERSON8TEWART BOZEMAN,MONTANA
7RACT A-1,C.O.S.165A
E C U
ROAD EASEMENT
LOT 2A-1,MINOR SUB./221F
NEW 20'WIDE
PUBLIC STREET &
UTILITY EASEMENT
N EASEMENT
EASEMENT
E SEMENT
CATTAIL LAKE SUB.
**
R R M
Q 18972LS
NORTH
SCALE:1"=100',,,
15063_02_EASEMENT_BASE.DWG15063.02 10/28/20MDB
179
AfterRecording,R To:
CityofBozer
12]Rou ve.
Boz anMT 59715
Retum to:
City of Bozeman
City Clerk
2716625
Ê°
B"'23°
m sin an:t a°!utu'e"%R°°ozernan,MT 59771-1230
MHIHRIMElllE211XMlHMllEHilMlH
UTILITY EASEMENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsiderations,receiptof which is
acknowledged,grantstoThe City of Bozeman,a municipal corporationof the Stateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a non-exclusiveperpetualutilityeasement the use of each and every person,firm or
corporation,whether publicor private,providingor offeringtoprovide telephone,electricpower,
gas,intemet,cabletelevisionor othersimilarutilityor service,therighttothejointuse of an
easement for theconstruction,maintenance,repair,and removal of theirlinesand otherfacilities,
in,through,and acrossa stripof land situatedinGallatinCounty,Montana,10 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,accordingto the officialplaton filein theofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon theattachedExhibitA,which by this
referenceismade a parthereof.
The GRANTOR statesthatitpossessestherealpropertydescribedabove and thatithas a
lawfulrightto grantan easement thereon subjectto othereasements,covenants and restrictionsof
record.The easement isnotexclusive,and GRANTOR retainstherightto utilizetheeasement
area and to grantuse rightstoothersinGRANTOR's solediscretion.Nothing containedherein
shallgranteasement or otheraccessrightstothe generalpublic.
The GRANTOR furtheragreesthatthe GRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR.The
GRANTEE willnot unreasonably interferewith GRANTOR's use and operationof,and
accessto,GRANTOR's property.The GRANTEE willprovidereasonablenoticeof
GRANTEE's intentto use the easement (exceptincase of emergency).Following completion
of work inthe easement area,GRANTEE willas promptly as reasonablypracticablereturn
the propertytosubstantiallythe same conditionas existedpriortothebeginning of work,
except forappurtenancesto the underground linesand facilitieswhich are requiredtobe
installedon or above thesurface.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding
upon the heirs,executors,administrators,personalrepresentatives,successors,and assignsof the
partieshereto.Any person or entityutilizingtherightsgrantedpursuanttothisPublicUtility
Easement agrees,by utilizingsuch rights,to be bound by the terms hereofand agrees to utilize
theeasement area inaccordance with thisPublic UtilityEasement.
DATED this day of e./,20h.
P:15063_02\legal\UtilityEasementdocx 11/25/20mdb/bc
180
GRANTOR:BILLINGS CLINIC,A MÖþTANA
NONPROF T ORP T10N
By·
Title:Ør
STATE OF MONTANA )
:ss
County of hu bby¼)
On this A day of Ú91 20 2D ,beforeme theundersigned,a Notary
Public forthe Stateof Montana,personallyappeared VM ihhs hop\e.an
known tome tobe the tohe&\edt Nd of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose nam issubscribedto thewithininstrumentand
acknowledged tome thathe executed the within instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAl,1 Notary Pyhûc forthe StateofMontana
92 BRIFTANYCECIL
Asi
*NOTARY PUBUC forthe
.StateofMontana
se AL .Re.ano.B-s...Moni.n.
My CommkslonExpires
4òyöF -Aprilos.2021
P:15063_02\Leg:d\PubAccEasementsdwk.docx 2 1i/25/20mdb/bc
181
ACCEPTED:CITY OF BO7EMAN .
By:
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of Ñ//Ü .,20Á,beforeme,a Notary Public for
the Stateof Montana,personallyappeared JEFF MIHELICH and MIKE MAAS,known tome to
be theCity Manager and City Clerk,respectively,of theCity of Bozeman and the personswhose
names are subscribedto the within instrument,and acknowledged tome thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
,,HEATHER B!ENVErÑE
fortheSta o ntana
m Oontana
Notary Public fortheStateof Montana
My CommissionExpires·
January26,2022
P:15063_02\Legal\UdlityEasement.docx 3 ii/25/20mab/bc
182
EXHIBIT A
UTILITY EASEMENT WITHIN LOT 2A-1 0F
MINOR SUBDIVISION #221F
PREPARED BY :SANDERSONSTEWART B0ZEMAN,MONTANA
1RA C T A -1,C.O.S 165A
ROAD EASEMENT
LOT 2A-1,MINOR SUB.f221F
-NEW 10'WIDE
PUBLIC UTILITY
EASEMENT
EXISTING40
EASEMENT
EET E SEMENT
CATTAIL LAKE SUB.
=ÉSE S B
+
**
TR M
18972LS
NORTH t
SCALE:1"=100'
isos_02_EASEMENT_BASE.DWG15063.01 10/2B/20MDB
183
Inter-office Original to:
City of Bozeman
City Clerk PO Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BILLINGS CLINIC BOZEMAN CAMPUS ANNEXATION AND ZONE MAP AMMENDMENT
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Portion of Lot 2A-1 of Minor Subdivision 221F, Section 26, T1S, R5E, P.M.M.
Gallatin County, Montana.
IN CONSIDERATION of receiving approval for the Annexation and Zone Map
Amendment of the subject property from the City of Bozeman, along with accompanying
rights and privileges and for other and valuable consideration, the receipt of which is
hereby acknowledged, in recognition of the impacts to traffic and utilities that will be
generated by the development of the above-described property have waived and does
hereby for itself, successors and assigns, the right to protest the creation of one or more
special districts or special improvement districts for the design and engineering,
construction and maintenance of the following improvements:
a) Street improvements to East Valley Center Road including paving,
curb/gutter, sidewalk, lighting and storm drainage
b) Street improvements to North 27th Avenue including paving, curb/gutter,
sidewalk, lighting and storm drainage
c) Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
d) Street improvements to West Lake Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
e) Intersection improvements to East Valley Center Road and North 27th
Avenue
f) Intersection improvements to East Valley Center Road and Davis Lane
g) Intersection improvements to East Valley Center Road and Catamount Street
h) Intersection improvements to Catamount Street and North 27th Avenue
i) Intersection improvements to Catamount Street and Davis Lane
Landowner agrees the City has the sole right to control the design and construction of
such improvements and may include any of the above components and others necessary to
ensure such improvements comply with all adopted City infrastructure plans and
requirements. Further, the Landowner waives its right to make any written protest
184
against the size or area or creation of the district be assessed in response to a duly passed
resolution of intention to create one or more special improvement district which would
include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of
said improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the limited partnership, provided however this waiver shall apply to the
lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this _____ day of ____________________, 2021.
______________________________ By
Title
STATE OF MONTANA ) :ss )
County of Gallatin )
On this _____ day of _______________, 2021, before me, a Notary Public for the
State of Montana, personally appeared _______________________________ known to me
to be the _________________________ of , the corporation
that executed the foregoing Waiver of Right to Protest, and acknowledged to me that
he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and
year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires: / /20
185
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Billings Clinic BozemanBillings Clinic Bozeman
BILLINGS CLINIC BOZEMANAnnexation and Zone Map Amendment Application
Updated September 1, 2021
Prepared by:Sanderson Stewart1300 North Transtech WayBillings, MT 59102406.869.3333
186
Annexation and Zone Map Amendment - Billings Clinic Bozeman
THIS PAGE INTENTIONALLY LEFT BLANK
187
Annexation and Zone Map Amendment - Billings Clinic Bozeman
BILLINGS CLINIC BOZEMAN: Annexation and Zone Amendment Application
Table of Contents
Project Information
Project Location ..............................................................................................................................................4
Project Team .....................................................................................................................................................4
Annexation and Zone Map Amendment
Application Forms and Checklists ............................................................................................................5
Project Narrative
Overview ............................................................................................................................................................12
City of Bozeman Annexation Goals .........................................................................................................13
City of Bozeman Annexation Policies .....................................................................................................14
Responses to Rezoning Criteria ................................................................................................................17
Exhibits
Exhibit A: Project Vicinity Map ..................................................................................................................20
Exhibit B: Annexation Map ..........................................................................................................................22
Exhibit C: Utility Map .....................................................................................................................................24
Exhibit D: Existing Zoning Map .................................................................................................................26
Exhibit E: Proposed Zoning Map ..............................................................................................................28
Exhibit F: Zone Map Amendment ............................................................................................................30
Noticing Materials ..........................................................................................................................................32
188
Annexation and Zone Map Amendment - Billings Clinic Bozeman 4
PROJECT INFORMATION
PROJECT LOCATION
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
PROJECT TEAM
Applicant:Billings ClinicContact: Mitch Goplen2800 10th Avenue NorthBillings, MT 59101406.657.4036mgoplen@billingsclinic.org
Property Owner:Billings Clinic2800 10th Avenue NorthBillings, MT 59101
Representative:Sanderson StewartContact: Patrick Davies1300 North Transtech WayBillings, MT 59102406.869.3333pdavies@sandersonstewart.com
189
5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
190
6Annexation and Zone Map Amendment - Billings Clinic Bozeman
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Patrick Davies,Sanderson Stewart
1300 North Transtech Way,Billings MT 59102
406.869.3333
pdavies@sandersonstewart.com
191
7Annexation and Zone Map Amendment - Billings Clinic Bozeman 192
ANNX
Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Required Forms:
ANNEXATION AND INITIAL ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed annexation with an initial zone map amendment. If an independent zone map amendment without annexation is proposed see form ZMA. Complete and signed development review application form A1. Plan sets that include all items required in the annexation and initial zoning checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,670 ANNEXATION CHECKLIST 1.The following questions pertain to the goals adopted by the City Commission in Commission ResolutionNo. 3907.
Yes No a.Is the property contiguous to the City of Bozeman?b.Is the property wholly surrounded by the City of Bozeman?c.Is the property currently contracting with the City for municipal services such as water,sanitary sewer and or fire protection?a.If so, which City services are currently being contracted for?d.Does the property lie with the service boundary of the existing sewer system asdepicted in the City’s growth policy?2.The following questions pertain to the policies adopted by the City Commission in CommissionResolution No. 3907.
Yes No a.Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets?b.Is/Are the property owners(s) willing to sign waivers of right to protest the creationof future Special Improvement Districts to provide the essential services for futuredevelopment of the City?c.Is/Are the property owner(s) willing to transfer usable water rights, or anappropriate fee in-lieu thereof, to serve the expected population of the land whenfully developed?
xx
x
x
x
x xx
x
xx
x
8Annexation and Zone Map Amendment - Billings Clinic Bozeman 193
Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Presentation of submitted plans and specifications
d.Does the desired future development of the subject property conform to the City’sgrowth policy? If not, a growth policy amendment will be necessary to accommodatethe anticipated uses, which may be initiated by the applicant and reviewedconcurrently with this application.a.If a growth policy amendment is necessary, is it included with this application?e.The property will need to be rezoned with an initial urban zoning designation. Thezone map amendment will be reviewed concurrently with this application. Is azoning map amendment application included with this application?f.Do unpaved county roads comprise the most commonly used route to gain access tothe property?g.If it is found that adequate services cannot be provided to ensure public health,safety and welfare, has the property owners(s) provided a written plan for theaccommodation of these services?h.Does the property owner acknowledge that the City of Bozeman assesses a systemdevelopment/impact fee and agrees to pay any applicable development/impact feesin accordance with Chapter 3.24 of the Bozeman Municipal Code?3.If the property is currently in agricultural use please identify current crops/conditions.4.Number of residential units existing on the property?5.Number and type of commercial structures on the property?6.Estimate of existing population of the property?7.Assessed value of the property?8.Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)9.Any additional information that will be helpful in the City’s review of the application.ANNEXATION MAP REQUIREMENTS 10.Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet11.Scale, north point arrow and date of preparation12.Subject property well defined13.Land use pattern of surrounding area14.Existing zoning of surrounding property15.Boundaries of proposed zoning (if more than one designation being requested) well defined16.Proximity of all existing and proposed water and sewer mains and extensions17.Location of all structures on the subject property18.Adjacent streets and street rights-of-way19.Existing on-site streets and street rights-of-way20.Water bodies and wetlandsZONE MAP AMENDMENT REQUIREMENTS 1.A thorough project narrative including a detailed response to the following for the zone mapamendment:a.Is the new zoning designed in accordance with the growth policy? How?b.Will the new zoning secure safety from fire and other dangers? How?c. Will the new zoning promote public health, public safety and general welfare? How?d.Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,parks, and other public requirements? How?e. Will the new zoning provide reasonable provision of adequate light and air? How?f.Will the new zoning have an effect on motorize and non-motorized transportation systems? How?g.Does the new zoning promote compatible urban growth? How?h.Does the new zoning promote the character of the district? How?
x
N/Ax
xx
x
N/A000TBD Ext. high pressure gas line
9Annexation and Zone Map Amendment - Billings Clinic Bozeman 194
10Annexation and Zone Map Amendment - Billings Clinic Bozeman 195
11Annexation and Zone Map Amendment - Billings Clinic Bozeman
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196
12Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
OVERVIEW
In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the first facility includes a multi-specialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
This application is a request for annexation and initial zoning for a portion of the Billings Clinic Bozeman campus property. The campus consists of approximately 58 acres located at the western corner of East Valley Center Road and North 27th Avenue.
This application is part of a series of development applications and filings relating to the Billings Clinic Bozeman campus property, including:
A Growth Policy Map Amendment (GPA) changing the designated land use of the campus to Regional Commercial and Services. (completed)
A Zoning Map Amendment (ZMA) requesting Community Business District (B-2) zoning for the portion of Lot 2A of Minor Subdivision 221E that has been zoned Residential Office (R-O). (completed)
A Master Site Plan for infrastructure improvements. (completed)
Site Plan Application for Phase 1 improvements. (completed)
The subject property is described as follows:
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
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13Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
CITY OF BOZEMAN ANNEXATION GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
The proposed area to be annexed is contiguous to the existing City limits directly to the east.
2. The City encourages all areas that are totally surrounded by the City to annex.
The proposed area to be annexed is not totally surrounded by the City limits, but is contiguous.
3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer,
and/or fire protection to annex.
The proposed area to be annexed is not currently contracting with the City for City services, but
proposes to utilize City services upon upcoming development of the property.
4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned
service area of the municipal water and sewer systems as depicted in their respective facility plans, any land
proposed for development that proposes to utilize municipal water or sewer systems.
The proposed area to be annexed is located within the City’s planned service area. Municipal water and
sewer systems are proposed to serve the property.
5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman
Growth Policy.
The proposed area to be annexed is designated as “Regional Commercial & Services” on the future
land use map.
6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular
extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land.
The proposed area to be annexed does not create any irregular extensions or leave gaps between
annexed areas or islands of annexed or unannexed land.
7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for
circulation systems that do not exist at the present time.
The proposed street network for the proposed master plan for the development provides internal
traffic circulation and connections to existing adjacent streets to enhance traffic circulation in the
immediate area.
8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller
parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities,
etc., justify a smaller annexation.
The proposed area to be annexed is 4.24 acres in size, but the proposed annexation is an extension of
the existing portion of the parcel already annexed into the City of Bozeman.
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Project Narrative
Annexation and Zone Map Amendment - Billings Clinic Bozeman
9. The City seeks to obtain water rights adequate for future development of the property with annexation.
Cash in-lieu of water rights and/or transfer of any existing water rights (if applicable) is proposed to
address the City’s desire to acquire additional water rights.
10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer.
The proposed development is proposed to utilize municipal services for water and sanitary sewer in
accordance to City of Bozeman and Montana Department of Environmental Quality requirements.
City of Bozeman Annexation Policies
1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local
streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way
for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or
improvement districts necessary to provide the essential services for future development of the City.
Acknowledged. Dedication of the necessary easement for Davis Lane is provided with this application.
A waiver of right to protest the creation of special improvement districts is also provided.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for
annexation.
Acknowledged. A Master Site Plan is currently under review by the City of Bozeman. The majority of
the property is currently zoned Community Business District (B-2) and the portion to be annexed is
proposed to be zoned B-2 as well as part of this application.
3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy
Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the
property owner and completed prior to any action for approval of the application for annexation.
A Growth Policy Amendment was previously approved for the proposed parcel and the parcel has a
future land use designation of Regional Commercial & Services.
4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance
with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
Acknowledged. The Owner is proposing that the area to be annexed be zoned Community Business
District (B-2) to be consistent with the remainder of the parcel and align with the future land use
designation of Regional Commercial & Services.
5. The applicant must indicate their preferred zoning classification as part of the annexation petition.
The Owner is proposing that the area to be annexed be zoned Community Business District (B-2) to be
consistent with the remainder of the parcel.
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Annexation and Zone Map Amendment - Billings Clinic Bozeman
6. Fees for annexation processing will be established by the City Commission.
Acknowledged.
7. It is the policy of the City that annexations will not be approved where unpaved county roads will be the most
commonly used route to gain access to the property unless the landowner proposes a method to provide for
construction of the road to the City’s street standards.
All adjacent roads and proposed access points are existing paved roads at this time.
8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water
rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as
amended.
Acknowledged.
9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety
and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate
services cannot be provided to ensure public health, safety and welfare, the City may require the property owner
to provide a written plan for accommodation of these services, or the City may reject the petition for annexation.
Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin
defined in the City Wastewater Collection Facilities Plan.
Acknowledged.
10. The City may require annexation of any contiguous property for which city services are requested or for which city
services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service
outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation
of the property serviced by the City. The City Manager may enter into an agreement with a property owner for
connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the
property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County
Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner
to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an
emergency requires, when feasible as determined by the City, the connection to City water services.
Acknowledged.
11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public
Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision
plat on file with the Gallatin County Clerk and Recorder.
Acknowledged.
12. The mapping may be waived by the Director of Public Works.
Acknowledged.
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Annexation and Zone Map Amendment - Billings Clinic Bozeman
13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6,
Division 9, Bozeman Municipal Code.
Acknowledged.
14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the
zone map amendment required with all annexation. The zone map amendment notice must contain the materials
required by 38.220.410, BMC.
Acknowledged.
15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation
agreement by the City, unless another time is specifically identified by the City Commission.
Acknowledged.
16. When possible, the use of Part 46 annexations is preferred.
Acknowledged.
17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The
City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in
trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not
lessen the obligation to participate in general city programs that address the same subject.
Acknowledged.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of
applications for annexation.
Acknowledged.
19. The City will require connection to and use of all City services upon development of annexed properties. The City
may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved
by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer
system. Upon development, unless otherwise approved by the City, water wells on the subject property may be
used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells
disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
Acknowledged.
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17Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
Zoning Correlation With Land Use Categories
RESPONSES TO THE REZONING CRITERIA
a. Is the new zoning designed in accordance with the growth policy? How?
The proposed B-2 zoning will be in compliance with the Bozeman Community Plan, for the Regional Commercial and
Services land use designation of the property. Chapter 3: Future Land Use of the Community Plan requires that zoning
conform to land use designations. As shown in Correlation with Zoning table, the proposed B-2 zoning designation
conforms with the proposed Regional Commercial and Services land use designation.
b. Will the new zoning secure safety from fire and other dangers? How?
The proposed project will be all new construction. All facilities will be built to the latest applicable building and fire
codes. In addition, new infrastructure including internal streets, sidewalks and trails, water and sewer mains, and
private utilities will be installed as part of future development of the campus. These improvements will enhance safety
by providing improved transportation connections and reliable water supply for fire suppression.
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18Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
c. Will the new zoning promote public health, public safety and general welfare? How?In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the campus includes a multispecialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
The design intent of the Billings Clinic Bozeman campus is to provide a place for medical services to blend with complementary commercial, retail and residential uses to honor Bozeman’s core value as a well-planned community. The campus will contain design features that promote superior functionality and wayfinding, easy access to quality health care, a satisfying and safe environment for the individuals that work in and visit the area, easy pedestrian access, limited vehicular congestion, and pleasant and consistent architectural design and landscaping. To accomplish this, it will include features such as smaller building footprints and higher structures in appropriate locations, parking lots and structures interspersed amongst buildings and open space, and a public park and trail system connecting to Cattail Lake Park.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?A project of this scale will require investment in infrastructure. Future site development will include improvements to public services within the property. These improvements, while critical for the projected uses of the campus, will also create opportunities for growth for northwestern Bozeman. Infrastructure that will be built in conjunction with future site development will provide improved connectivity to the surrounding neighborhoods.
e. Will the new zoning provide reasonable provision of adequate light and air? How?The zone map amendment will allow the campus to be developed as a master planned campus. Through thoughtful design of site circulation, pedestrian access, building placement and other amenities, the site development will provide for adequate light and air for residents, visitors and workers within the campus.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?The future development of the campus will positively impact the area’s transportation system as the existing transportation network will support the campus as a regional center, allowing for access from multiple arterial and collector streets. While specific improvements have not been designed, it is anticipated that the site will improve connectivity in the area by extending local streets and trails and including new transit stops. All internal streets will have an enhanced streetscape that will accommodate pedestrians, bicycles and a healthy tree canopy to provide for their comfort and convenience.
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19Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
g. Does the new zoning promote compatible urban growth? How?The future development of the campus will provide for needed services for the community and will enhance livability with improved access, connectivity, services and employment centers, and improved health and safety for the area. By providing for services and employment, the future development of the campus has the ability to reduce commutes and travel trips for nearby neighborhoods.
The location of the medical campus along I-90 and East Valley Center Road will also allow regional users to access the site without impacts to local traffic while providing multispecialty medical care to the northwestern area of the City and close environs. As the community continues to grow, additional areas for commercial development will need to be designated. There is recent commercial development directly to the east of the campus along N. 27th Avenue and the addition of the medical campus further solidifies the area as a regional center for commerce and employment.
h. Does the new zoning promote the character of the district? How?Given the scale of the campus and the intent to phase the development, the character of the community can be established by design guidelines for buildings, streetscape and landscape. The center-based development pattern will be supported by locating centers at the intersection of arterial and collector streets. The campus will contain design features that promote superior functionality, with pleasant and consistent architectural design and landscaping.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? The I-90 and North 19th Avenue interchange is already developing as a regional retail center and the addition of the medical campus further solidifies the area as a regional center for commerce and employment. The Community Plan calls for local and regional centers and that they be located along major transportation corridors such as I-90. This campus is adjacent to existing and proposed development to the south and east and reflects the direction of commercial growth within the City. Recent development applications indicate that additional commercial land will be needed in this area.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?All future development of the campus will comply with the requirements outlined in the UDC, the design standards required by the City’s engineering design code, and other regulations to ensure consistency with the nearby existing and planned development patterns, aiding in the conservation and increase of property values.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?Yes, the zoning designation change is intended to address the demand for a regional campus to serve the medical needs of the community. The creation of the medical campus will promote a positive economic development and is an appropriate use for this subject property. In addition to its proximity to I-90, the campus is bounded by East Valley Center Road (Principal Arterial), Davis Lane (Minor Arterial) and North 27th Avenue (Collector). The development of a medical campus at this location encourages the most appropriate use of the land.
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20Annexation and Zone Map Amendment - Billings Clinic Bozeman
EXHIBIT A: VICINITY MAP
Cattail
Lake
Park
Cattail
Lake
ParkDavis LnWestlake Rd.
200 Foot property
line offset
Catamount St.
Catron St.Warbler WayN 27th Ave.Springhill Rd.N 19th Ave.I-90
E. V
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Municipal
Waste Water
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BOZEMAN DEV. LLC Parcel
CITY OF BOZEMAN
Parcel
CITY OF BOZEMANParcel
EASTLAKEPROFESSIONALCENTER, LLCParcel
SPIRE HOLDINGS LLCParcel
VC DEVELOPMENT LLC
Parcel
BOZEMAN ELEM AND HIGH SCHOOL DIST #7
Parcel
TROUT
MEADOWS LLCParcelSCHAPLOW FARMS LLC
Parcel
SCHAPLOW FARMS LLCParcel
SCHAPLOW FARMS LLC
Parcel
CATTAIL LAKE SUBParcel
CITY OF BOZEMAN
Parcel
VANIMAN
Parcel
MEADOWLARKLEGACY LLCParcel
East
G
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R
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Half Mile from Site Boundary (approx.)
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21Annexation and Zone Map Amendment - Billings Clinic Bozeman
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BILLINGS CLINIC BOZEMAN CAMPUS
NORTH
100 50 0
SCALE:1" = 100'
100 200
INTERSTATE
Annexation Tract Legal Description
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1Annexation and Zone Map Amendment - Billings Clinic Bozeman 22
EXHIBIT B: ANNEXATION MAP
Billings Clinic Bozeman Campus
207
Annexation and Zone Map Amendment - Billings Clinic Bozeman 23
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 24
EXHIBIT C: UTILITY MAP
Billings Clinic Bozeman Campus
Fo
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Segment of 27th Ave.
Road to be Improved
Connect to
Existing
Water Main
Municipal
Waste Water
Treatment
Westlake Rd.Davis Ln.Catamount St.N 27th Ave.Springhill Rd.E. V
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Cattail Lake
Park
Proposed Davis Lane
Lift Station - Location TBD
Proposed Davis Lane
Lift Station - Location TBD Proposed
Interstate
Crossing
Proposed
Interstate
Crossing
Fo
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Proposed Gravity Main
to Lift Station
Proposed Gravity Main
to Lift Station
Segment of 27th Ave.
Road to be Improved
Connect to
Existing
Water Main
Municipal
Waste Water
Treatment
Westlake Rd.
Cattail Lake
ParkDavis Ln.Catamount St.N 27th Ave.N 27th Ave.N 19th Ave.Springhill Rd.E. V
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Proposed Trunk
Sewer Main
Proposed Trunk
Sewer Main
Existing Water Line
Proposed Water Line
Existing Sanitary Sewer Line
Proposed Sanitary Sewer Line
Utilities
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 25
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Agricultural
Suburban
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
I-
9
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
ta
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C
reek
200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 26
EXHIBIT D: EXISTING ZONING MAP
Billings Clinic Bozeman Campus
211
Annexation and Zone Map Amendment - Billings Clinic Bozeman 27
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B-2
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
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9
0
C
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
ta
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C
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200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 28
EXHIBIT E: PROPOSED ZONING MAP
Billings Clinic Bozeman Campus
213
Annexation and Zone Map Amendment - Billings Clinic Bozeman 29
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214
NORTH
100 50 0
SCALE:1" = 100'
100 200
P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ZONE_MAP_AMENDMENT.dwg, 24x36 LANDSCAPE, 9/1/2021 16:36:28, lhendricks, 1:1Annexation and Zone Map Amendment - Billings Clinic Bozeman 30
EXHIBIT F: ZONE MAP AMENDMENT
Billings Clinic Bozeman Campus
215
Annexation and Zone Map Amendment - Billings Clinic Bozeman 31
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216
32Annexation and Zone Map Amendment - Billings Clinic Bozeman 217
33Annexation and Zone Map Amendment - Billings Clinic Bozeman
Property Owners
Within 200 Feet of the Project Site
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from
Montana Dept. of Revenue
1 S26, T01 S, R05 E, Acres 15.99, S2NW4 S
Of Rw Less Hwrw
Bozeman Development LLC 899 W. Foothill Blvd Ste G
Monrovia, CA 91016-1973
2 Minor Sub 221B, S26, T01 S, R05 E, Lot
4, Acres 17.679, Plus Open Space
Bozeman Elem And High School Dist
#7
404 E Main St
Bozeman, MT 59715-4752
3 Cattail Lake Sub Ph 1 & 2, S26, T01 S,
R05 E, Lot R, Acres 7.9851, (Remainder)
Remainder At Trout Meadows LLC 7403 Highline Ct
Missoula, MT 59808-9389
4 Cattail Lake Sub Ph 1 & 2, S26, T01 S, R05 E,
Acres 18.349, Park, Plat J-471
Cattail Lake Sub Ph 1 & 2 Park Area Catamount St.
Bozeman, MT 59715
5 S26, T01 S, R05 E, C.O.S. 165A, Parcel
A, Acres 10
Vaniman Donald D Trust 1/2 Int
Vaniman Cecilia R Trust 1/2 Int
5020 Westlake Rd
Bozeman, MT 59718-9743
6 S27, T01 S, R05 E, Acres 101.833, E2Se4,
E2E2W2Se4 & Tract Being 25 1/2 Rds X
11 1/2 Rds
Schaplow Farms LLC 9481 Nash Rd
Bozeman, MT 59715-9579
218
RCREVISION AND CORRECTION
SUBMITTAL FORM
REVISION AND CORRECTION FORM PROCEDURE
This form is for changes or corrections to an existing application. Additional or revised plans or documents will not be accepted
unless accompanied by this completed form. Fees are required for third and subsequent revisions.
SUBMITTAL REQUIREMENTS
1.A completed RC revision/correction submittal form. It must be the first item in the resubmitted set.
2.Ensure all original and updated plans and documents are included in the file and meet digital naming protocol. Each
individual document or plan sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have
any spaces (use capital letters to delimit words), and includes the name of the item. Digital version of all materials as a JPEG
or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller
files. Ensure the layers are flattened.
3.Revised drawings must be updated with a new current date on each revised sheet. Title sheet table of the contents/plan
schedule must be updated with new dates for each sheet modified. Retain the original date on sheets that have not been
updated or revised and include them with the submittal.
4.A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail.
Changes to plan sheets must include sheet and detail numbers.
5.All changes must be clouded or highlighted on each plan set.
6.Legal documents, studies, letter or other documentation must have a clear date of revision on the front page.
7.Re-submittal of plans must be complete plan sets. No individual sheets will be accepted.
Community Development
APPLICATION FEE
Fee (after third and subsequent submittal) 1/4 of the total original application fee
SUBMITTAL INFORMATION
Application File No: Application Type:
Project Name:
Contact Name:
Phone:
Email:
SUBMITTAL TYPE
NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and
has not been reviewed before.
CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the
applicant.
If both types are being submitted, the written narrative must clearly differentiate between changes and corrections. If there are
changes to preliminary approved plans or approved plans, please use the modification application process (MOD application).
Revisions and Corrections Submittal Form Page 1 of 2 Revision Date: February 2021 219
REVISION AND CORRECTION
SUBMITTAL FORM
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Revisions and Corrections Submittal Form Page 2 of 2 Revision Date: February 2021 220
From:Brian Heaston
To:Lenna Johnson
Cc:Lauren Waterton; Griffin Nielsen
Subject:RE: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
Date:Tuesday, August 17, 2021 1:22:59 PM
Attachments:image005.emzimage006.pngimage007.pngimage008.png
Hi Lenna – From what you describe, compliance with 38.410.130 – Water Adequacy isn’t required. Compliance with
this code section generally isn’t triggered by annexations. The exception to that is when existing building(s) on the
land to be annexed require immediate connection to water and sewer utilities and the annual water demand for those
new connections exceeds 0.25 Acre-feet/yr.
Hope that helps,
Brian Heaston, PE
Senior Engineer
City of Bozeman - Engineering
20 E. Olive St.P.O. Box 1230
Bozeman, MT 59771
(406) 582-2280
bheaston@bozeman.net
From: Lenna Johnson <ljohnson@sandersonstewart.com>
Sent: Tuesday, August 17, 2021 2:14 PM
To: Brian Heaston <bheaston@BOZEMAN.NET>
Cc: Lauren Waterton <lwaterton@sandersonstewart.com>
Subject: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Brian,
We are working on the annexation and initial zoning for a small parcel (yellow with red circle) adjacent to the
proposed Billings Clinic Bozeman Campus off of Davis Ln and E Valley Center Road. The City has requested that there is
a cash in-lieu of water rights (CILWR) analysis completed for the parcel that will be annexed. The parcel, however, isn’t
intended to be developed on except for a single access road that will connect Davis Ln to the new Clinic site. How does
CILWR work for vacant land without any planned development? What information do you need to complete that
analysis? Let me know how we can move forward in this process.
As a visual:
221
Thanks for your time,
Lenna
Lenna Johnson
Staff Planner
t: 4069224321
Billings • Bozeman • Denver • Fort Collins
We are proud to be selected as a Best Firm To Work For for the 4th time!
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may
be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender
and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record
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be protected from disclosure under law.
222
NORTH
100 50 0
SCALE:1" = 100'
100 200
P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ZONE_MAP_AMENDMENT.dwg, 24x36 LANDSCAPE, 9/1/2021 16:36:28, lhendricks, 1:1223
ZONEAGRICULTURESUBURBANZONE M-2ZONEAGRICULTURESUBURBANZONE PLIZONE R-4ZONE B-2ZONE B-2BILLINGS CLINIC BOZEMAN CAMPUSNORTH100500SCALE:1" = 100'100200INTERSTATE90Annexation Tract Legal DescriptionA Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1
224
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Deputy Director Community Development
SUBJECT:Upcoming Meeting Items February 7, 2022
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action needed.
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 February 7, 2022 Community Development Board meeting is scheduled
to include:
1) Application 21331 Bennett Annexation Zone Map Amendment
2) Board training on review of amendments to the municipal code.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: January 19, 2022
225
Memorandum
REPORT TO:Community Development Board
FROM:Brian Krueger, Development Review Manager
Anna Bentley, Community Development Deputy Director
SUBJECT:Community Development Submitted Projects Report
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The City is implementing project review tracking software. This includes
improved reporting capabilities. The attached report is from the new system.
Most of these items are administrative reviews and will not come to the
Community Development Board for action. The report includes both
approved and submitted applications.
UNRESOLVED ISSUES:None
ALTERNATIVES:Not applicable
FISCAL EFFECTS:None
Attachments:
Development Review Report 12_2021.pdf
Report compiled on: January 20, 2022
226
New Applications by Project Type Description
Annexation (ANNX)115 acres; requested zoning is REMU
Annexation (ANNX)8.6 acres; requested zoning is B2M
Comprehensive Sign Plan Review (CSP)SBDJ Building signage
Comprehensive Sign Plan Review (CSP)SBDJ Building in Ferguson Farms
Concept Review (CONR)95 acre subdivision with residential & commercial uses
Concept Review (CONR).3 acres, 11 dwelling units
Informal (INF)1.2 acres, 5 dwellings (4-Plex w/ ADU)
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)8x20 Utility building added to site
Modification to an Approved Plan (MOD)Exterior lighting changes
Modification to an Approved Plan (MOD)External architectural changes
Modification to an Approved Plan (MOD)Adding external oxygen tanks to site
Modification to an Approved Plan (MOD)Commercial renovation w/ 1K SF addition
Neighborhood Certificate of Appropriateness (NCOA)Interior remodel and garage addition
Neighborhood Certificate of Appropriateness (NCOA)ADU addition
Neighborhood Certificate of Appropriateness (NCOA)ADU & garage addition
PUD Concept Plan (PUDC)Concept PUD for Billings Clinic Bozeman Medical Campus
Site Plan (SP)1.05 acres, 14 dwelling units in 4 buildings
Site Plan (SP).34 acres, 6 dwelling units in 1 building
Site Plan (SP)4 acres, 65 single family dwellings
Site Plan (SP).27 acres, building shell for future office space
Site Plan (SP)7.85 acres, 202 dwelling units in 17 multi-family buildings
Site Plan (SP)1.45 acres, 20K SF commercial building shell.
Site Plan (SP)5 acres, Multi-unit condo complex: 8 - plexs and 5 - 3 plexs.
Site Plan (SP)8.8 acres, 11K SF commercial building - office and community center
Special Temporary Use Permit (STUP)Temporary photonics testing site
Subdivision Exemption (SE)7 lots aggregated into 2 for mixed use
Subdivision Exemption (SE)4 lots aggregated into 2 lots
Subdivision Final Plat (FP)22.4 acres, 53 residential lots
Subdivision Pre-Application (PA)40.8 acres, 10 lots: 3 park, 3 open space, 5 residential (multi-family)
Zone Map Amendment (ZMA)Requested change from B-2 to B-2M
Zoning Verification (ZVER)203 N. Church
Total New Applications:33
Approved / Reviewed Projects by Project Type Description
Condominium Review (CR)61 condo units in 29 buildings
Condominium Review (CR)24.7 acres, 272.5 SF of light-industrial commercial mixed use office space
Modification to an Approved Plan (MOD)External architectural changes
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Landscaping and site modifications
Modification to an Approved Plan (MOD)Adding external stair egress
Modification to an Approved Plan (MOD)Front fascade changes
Master Site Plan (MSP)4.4 acres, 493 dwelling units, 4 phases
Site Plan (SP).75 acres, mixed use building w/ 99 dwelling units, 6K SF retail
Site Plan (SP)1.15 acres, 10K SF commercial building
Special Temporary Use Permit (STUP)Temporary site event
Special Temporary Use Permit (STUP)Temporary parking
Total Approvals:13
COMMUNITY DEVELOPMENT WEEKLY REPORT
December, 2021
227
Memorandum
REPORT TO:Community Development Board
FROM:Brian Krueger, Development Review Manager
Anna Bentley, Community Development Deputy Director
SUBJECT:Community Development Submitted Projects Report
MEETING DATE:January 24, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:
The City is exploring improved reporting capabilities alongside
implementation of project review tracking software (ProjectDox). The
attached report provides a list of approved and submitted applications
received in the prior month. Most of these items are administrative reviews
and will not come to the Community Development Board for action.
UNRESOLVED ISSUES:None
ALTERNATIVES:Not applicable
FISCAL EFFECTS:None
Attachments:
Development Review Report 12_2021.pdf
Report compiled on: January 20, 2022
228
New Applications by Project Type Description
Annexation (ANNX)115 acres; requested zoning is REMU
Annexation (ANNX)8.6 acres; requested zoning is B2M
Comprehensive Sign Plan Review (CSP)SBDJ Building signage
Comprehensive Sign Plan Review (CSP)SBDJ Building in Ferguson Farms
Concept Review (CONR)95 acre subdivision with residential & commercial uses
Concept Review (CONR).3 acres, 11 dwelling units
Informal (INF)1.2 acres, 5 dwellings (4-Plex w/ ADU)
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)8x20 Utility building added to site
Modification to an Approved Plan (MOD)Exterior lighting changes
Modification to an Approved Plan (MOD)External architectural changes
Modification to an Approved Plan (MOD)Adding external oxygen tanks to site
Modification to an Approved Plan (MOD)Commercial renovation w/ 1K SF addition
Neighborhood Certificate of Appropriateness (NCOA)Interior remodel and garage addition
Neighborhood Certificate of Appropriateness (NCOA)ADU addition
Neighborhood Certificate of Appropriateness (NCOA)ADU & garage addition
PUD Concept Plan (PUDC)Concept PUD for Billings Clinic Bozeman Medical Campus
Site Plan (SP)1.05 acres, 14 dwelling units in 4 buildings
Site Plan (SP).34 acres, 6 dwelling units in 1 building
Site Plan (SP)4 acres, 65 single family dwellings
Site Plan (SP).27 acres, building shell for future office space
Site Plan (SP)7.85 acres, 202 dwelling units in 17 multi-family buildings
Site Plan (SP)1.45 acres, 20K SF commercial building shell.
Site Plan (SP)5 acres, Multi-unit condo complex: 8 - plexs and 5 - 3 plexs.
Site Plan (SP)8.8 acres, 11K SF commercial building - office and community center
Special Temporary Use Permit (STUP)Temporary photonics testing site
Subdivision Exemption (SE)7 lots aggregated into 2 for mixed use
Subdivision Exemption (SE)4 lots aggregated into 2 lots
Subdivision Final Plat (FP)22.4 acres, 53 residential lots
Subdivision Pre-Application (PA)40.8 acres, 10 lots: 3 park, 3 open space, 5 residential (multi-family)
Zone Map Amendment (ZMA)Requested change from B-2 to B-2M
Zoning Verification (ZVER)203 N. Church
Total New Applications:33
Approved / Reviewed Projects by Project Type Description
Condominium Review (CR)61 condo units in 29 buildings
Condominium Review (CR)24.7 acres, 272.5 SF of light-industrial commercial mixed use office space
Modification to an Approved Plan (MOD)External architectural changes
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Changes to existing cell tower
Modification to an Approved Plan (MOD)Landscaping and site modifications
Modification to an Approved Plan (MOD)Adding external stair egress
Modification to an Approved Plan (MOD)Front fascade changes
Master Site Plan (MSP)4.4 acres, 493 dwelling units, 4 phases
Site Plan (SP).75 acres, mixed use building w/ 99 dwelling units, 6K SF retail
Site Plan (SP)1.15 acres, 10K SF commercial building
Special Temporary Use Permit (STUP)Temporary site event
Special Temporary Use Permit (STUP)Temporary parking
Total Approvals:13
COMMUNITY DEVELOPMENT WEEKLY REPORT
December, 2021
229