HomeMy WebLinkAbout03-07-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
Via Webex:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting
Via Phone:
This is for listening only if you cannot watch the stream or channel 190
• Call-in toll number (US/Canada): 1-650-479-3208
• Access code: 2556 070 0347
Public Comment:
If you are interested in commenting in writing on items on the agenda, please send an email to
agenda@bozeman.net prior to 4:00pm on Monday, March 7, 2022. You may also comment by
visiting the City's public comment page.
You can also comment by joining the WebEx meeting. If you do join the WebEx meeting, we ask
you please be patient in helping us work through this online meeting. If you are not able to join
the Webex meeting and would like to provide oral comment you may send a request to
agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
someone will call you during the meeting to provide an opportunity to comment. You may also
send the above information via text to 406-224-3967.
As always, the meeting will be streamed through the City's video page (click the Streaming Live in
the drop down menu), and available in the City on cable channel 190.
B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of Minutes from the February 28, 2022 Meeting (Happel)
E.Consent Items
E.1 21351 9Ten Mixed Use Site Plan. Design review for a site plan application for 100 residential
condominiums in 1, 2, and 3 bedroom configurations, and commercial storefront space in 2
buildings off the corner of West Aspen Street and North 8th Avenue behind the U-Haul
property.(Garber)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, March 7, 2022
1
F.Public Comments
G.Special Presentations
G.1 Training Regarding Role of Community Development Board When Acting as the Design
Review Board(Saunders)
H.Action Items
H.1 Review and Comment on the Billings Clinic Bozeman Medical Campus Planned Unit
Development (PUD) Concept Plan.(Montana)
H.2 Annexation and initial zoning application 21409 requesting annexation of 97.26 acres and
amendment to the City Zoning Map for the establishment of a zoning designation of B-2M
(Community Business-Mixed District) on 50.4 acres and REMU (Residential Emphasis Mixed-
Use District) on 48.13 acres.(Rogers)
H.3 Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12
Acres From B-2 (Community Business District) to B-2M (Community Business District -
Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and
West of N. 11th Avenue, Application 21458(Saunders)
H.4 The Carroll on Main zone map amendment requesting amendment of the City Zoning Map
for two existing lots consisting of approximately 7.33 acres and the accompanying adjacent
right-of way from B-2 (Community Business District) to B-2M (Community Business District-
Mixed).(Rogers)
I.FYI/Discussions
I.1 Upcoming Items for March 21, 2022 Community Development Board meeting.(Saunders)
J.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 the February 28, 2022 Meeting
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from February 28, 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 Special Meeting Minutes 02-28-22 DRAFT.pdf
Report compiled on: March 2, 2022
3
Bozeman Community Development Meeting Minutes, 02-28-22
Page 1 of 3
THE COMMUNITY DEVELOPMENT BAORD MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 28, 2022
A) 00:03:57 Call to Order - 6:00 pm
Present: Brady Ernst, Nicole Olmstead, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer
Madgic
Absent: Gerald Pape, Allison Bryan, Henry Happel
B) 00:05:11 Disclosures
C) 00:05:28 Changes to the Agenda
D) 00:05:40 Approval of Minutes
D.1 Approval of minutes from 01-24-22 and 02-07-22
CD Board Meeting Minutes 02-07-22 DRAFT.pdf
CD Board Meeting Minutes 01-24-22 DRAFT.pdf
Board member Egnatz requested a change to the minutes from 01-24-22 stating that he and
Commissioner Madgic voted "no" on action item F.2
00:08:09 Motion To approve the minutes from January 24th, 2022 and February 7th, 2022 with changes
to the January 24th minutes as stated by Chris regarding how Chris and myself [Commissioner Madgic]
voted on the Lamme item.
Jennifer Madgic: Motion
John Backes: 2nd
00:08:51 Board member Bryan joined the meeting.
Present: Allison Bryan, Brady Ernst, Nicole Olmstead, John Backes, Padden Guy Murphy, Stephen
Egnatz, Jennifer Madgic
Absent: Gerald Pape, Henry Happel
4
Bozeman Community Development Meeting Minutes, 02-28-22
Page 2 of 3
00:08:56 Vote on the Motion to approve the minutes from January 24th, 2022 and February 7th, 2022
with changes to the January 24th minutes as stated by Chris regarding how Chris and myself
[Commissioner Madgic] voted on the Lamme item. The Motion carried 7 - 0
Approve:
Allison Bryan
Brady Ernst
Nicole Olmstead
John Backes
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
E) 00:09:45 Public Comments
F) 00:15:29 Special Presentations
F.1 00:15:36 Training and introduction on the Bozeman Community Plan 2020
(Growth Policy).
00:15:44 Staff Presentation
Planner Rogers presented a training to the Board on the Bozeman Community Plan.
00:39:23 Board Questions
Board members directed questions to staff.
F.2 00:56:13 Park Planning and Development Presentation on the Parks, Recreation
and Active Transportation Plan
00:56:14 Staff Presentation
Park Planning Manager Addi Jadin presented the Parks, Trails and Active Transportation plan to the
Board.
01:18:00 Board Questions
Board members directed questions to staff.
G) 01:20:07 Action Items
G.1 01:20:15 Calendar Year 2022 Community Development Board Work Plan Review
5
Bozeman Community Development Meeting Minutes, 02-28-22
Page 3 of 3
Advisory Board Work Plan.pdf
01:20:19 Staff Presentation
Staff liaison Bentley presented the draft advisory board work plan to the Board.
01:24:02 Board Questions
Board members directed questions to staff.
01:49:10 Board members requested to postpone the action item and Chairwoman Olmstead
inquired if any Board members would object to postponing the action item.
Board member Egnatz objected to postponing the action item.
01:59:02 Motion To approve the Community Development Work Plan for 2022 with the addition of
Chairman Happel's comments.
Stephen Egnatz: Motion
Padden Guy Murphy: 2nd
02:00:19 Vote on the Motion to approve To approve the Community Development Work Plan for 2022
with the addition of Chairman Happel's comments. The Motion carried 7 - 0
Approve:
Allison Bryan
Brady Ernst
Nicole Olmstead
John Backes
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
H) 02:00:59 FYI/Discussions
H.1 02:01:14 Upcoming Items for March 7, 2022 Community Development Board
meeting.
Planner Saunders informed the Board of the agenda materials that will be on the March 7th meeting.
I) 02:03:13 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net.
General information about the Community Development Board is available in our Laserfiche repository.
6
Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Associate Planner
Anna Bentley, Community Development Director
SUBJECT:21351 9Ten Mixed Use Site Plan. Design review for a site plan application for
100 residential condominiums in 1, 2, and 3 bedroom configurations, and
commercial storefront space in 2 buildings off the corner of West Aspen
Street and North 8th Avenue behind the U-Haul property.
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Recommend approval of Application 21351, the 9Ten Mixed Use site
plan with conditions and code requirements.
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:A site plan application for 2 residential buildings with 100 condominiums in
1, 2, and 3 bedroom configurations. 53 units in the north building, and 47
units in the south building are proposed. The applicant is proposing ground
floor commercial spaces in the south building with storefront along Aspen
Street. On-site improvements include the construction of drive access,
parking, and open space. Off-site improvements include construction of
Aspen Street from North 7th to North 8th, and construction of North 8 th
from Aspen Street to Juniper Street.
This application meets one of the thresholds listed in BMC 38.230.040 for
Design Review Board review. Staff ask that the Community Development
Board provide an approval recommendation based on the code
requirements in Article 5 of the Unified Development Code.
Application drawings and documents can be viewed at:
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=254572&dbid=0&repo=BOZEMAN
UNRESOLVED ISSUES:Two recent staff corrections are still pending with the applicant related to
exterior materials and block frontage designation. These have been detailed
in the staff report on page 3 under code provisions.
7
ALTERNATIVES:As suggested by the Community Development Board
FISCAL EFFECTS:No fiscal effects have been identified.
Attachments:
21351 Staff Report CDB
Report compiled on: March 2, 2022
8
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 1 of 14
Application No. 21351 Type Site Plan
Project Name 9Ten Mixed Use SP
Summary A site plan application for 2 residential buildings with 100 condominiums in 1, 2, and 3
bedroom configurations. 53 units in the north building and 47 units in the south building are
proposed. The applicant is proposing a ground floor commercial space in the south building
with storefront along Aspen Street. On-site improvements include the construction of drive
access, parking, and open space. Off-site improvements include construction of Aspen Street
from North 7th to North 8th, and construction of North 8th from Aspen Street to Juniper
Street. The proposed project is within the Midtown Urban Renewal District.
Zoning B-2M Growth Policy Community Commercial
Mixed Use
Parcel Size 1.447 Acres
Overlay District(s) None
Street Address 802 – 910 N. 8th Avenue
Legal Description The South 35’ of Lot 12 and All of Lots 13-18 in Block 2, Durston’s Second Subdivision, Located
in the SE 1/4 of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
Owner 816 N. 8th, LLC, 620 E. Cottonwood St., Bozeman, MT 59715
Applicant Same as Owner
Representative Intrinsik Architecture, 106 E. Babcock St Suite 1A, Bozeman, MT 59715
Staff Planner Danielle Garber Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
2/22/22 – 3/9/22
2/22/22 2/22/22 N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
2/16/22 The application is adequate, conforms to
standards, and is sufficient for approval with
conditions and code provisions
Community Development
Board – Design Review
3/7/22 TBD
Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and
code provisions as noted below.
Decision Authority Director of Community Development Due 3/23/22
Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=254572&dbid=0&repo=BOZEMAN
9
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 2 of 14
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public
notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in
this report was conducted. The applicant proposed to the City a Site Plan (SP) to construct 100 residential condominiums, 1
commercial space, and associated access, parking, open space, and infrastructure improvements. The purposes of the Site
Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38,
BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine
whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were
provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38,
Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period
defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if
certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this
application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed
in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in
the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this
development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC.
On this ______ day of 2022, Anna Bentley, Interim Director of Community Development, approved with
conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying
an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision
as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions
of approval and code corrections may be identified during staff review and will be included with the final report provided to the
Director of Community Development.
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. Cash-in-lieu of water rights (CILWR) must be paid prior to final site plan approval.
3. Provide cash-in-lieu of parkland (CILP) approval from the Parks Department, and payment prior to final site plan
approval.
4. Application 21473 for a subdivision exemption to aggregate and rearrange lot lines must be approved and the
amended plat recorded prior to final site plan approval.
10
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 3 of 14
5. Provide draft condominium documents or some other legal framework between the two buildings and all residential
and commercial units for shared amenities such as solid waste, access to mail, parking, and stormwater facilities
prior to final site plan approval.
6. All required easements listed by the Engineering Division during site plan review must be provided on city standard
easement templates. Drafts must be prepared for review and approval by the city during site plan review. The
signed hard copies of the easements must be submitted to the city prior to final site plan approval.
7. To achieve building permit approvals prior to completion of sewer and street improvements, the applicant must
follow BMC 38.270.030.C.1 options b and c. The applicant shall provide a completed concurrent construction form.
All items on the form must be provided prior to building permit approval.
8. Phasing as noted on drawing sheet C2.1 represents the order of construction for infrastructure and buildings. All
shared site improvements including access, parking, walkways, utilities, and stormwater must be installed with the
first phased building prior to occupancy of any structures. Landscaping may be financially guaranteed to
accommodate construction and seasonality.
CODE PROVISIONS
Two remaining corrections are pending applicant revisions:
1. Along the commercial storefront, the exterior material adjacent to the sidewalk is listed as fiber cement composite.
BMC 38.530.060 prohibits cementitious wall board siding from being used on the ground floor where adjacent to a
sidewalk. This material will need to be updated along the ground level of the south building on the south elevation to
a more durable material.
2. The application proposes a landscaped block frontage designation along North 8th Avenue. Update this portion of
your proposed community design framework map to mixed. There is no material difference between the landscaped
and the mixed-landscaped requirements, but the mixed designation is much more appropriate for B-2M zoning, and
will give future projects along N. 8th Avenue more flexibility without changing the block frontage designation. BMC
38.510.020.D states “The default block frontage for new or undesignated streets (such as those within annexed land)
in commercial and mixed-use zones is Mixed.”
11
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 4 of 14
Figure 1: Current Zoning Map
12
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 5 of 14
Figure 2: Architectural Site Plan
Figure 3: Civil Site & Utility Plan
13
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 6 of 14
Figure 4: Landscaping Plan South
Figure 5: Landscaping Plan North
14
Staff Report
9Ten Mixed Use Site Plan
Application No. 21351
March 1, 2022
Page 7 of 14
Figure 6: Perspective Views North Building
15
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 8 of 14
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth
Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Community Commercial Mixed Use Yes
Zoning B-2M, Community Business District Mixed Yes
Comments: The project conforms to the requirements of the B-2M zoning district. B-2M is an implementing district of the
2020 Community Plan designation of Community Commercial Mixed Use. The Community Commercial Mixed Use category
promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services,
retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher
than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors,
in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes,
plazas, outdoor seating, public art, and hardscaped open space and park amenities. High-density residential areas are
expected in close proximity. This proposed project meets the goals of the growth policy by providing residential units at density
in close proximity to the existing mid-town commercial corridor, providing commercial storefront space, as well as residential
open space in the form of two hardscape plazas.
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Condominium ownership No
Comments: Additional steps will be required including but not limited to review of final site plan approval,
concurrent review, infrastructure plans, and building permits. The Building Division of the Department of
Community Development will review the requirements of the International Building Code for compliance at
the time of building permit application.
3. Conformance with Article 2, including the cessation of any current violations
(38.200.160)
Meets Code?
Current Violations None Yes
Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and
plan review for applicable permit types (38.230)
Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development
38.230.020.B
No. of phases: 3 Yes
Comments: This project is to be completed in three phases. The condition of approval above states that
drawing sheet C2.1 represents the order of construction for the buildings. All shared site improvements
including access, parking, walkways, utilities, and stormwater must be installed with the first phased
building prior to occupancy of any structures. Landscaping may be financially guaranteed to
accommodate construction and seasonality.
16
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 9 of 14
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use
Permit) 38.230.120
NA
Comments: No conditional or special uses are proposed.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments, Apartment Buildings Yes
Form and intensity standards 38.320
Zoning: B-2M Setbacks (feet) Structures Parking / Loading Yes
Front Block
Frontage
Block Frontage
Rear 10 5
Side 5 5
Alley 5 NA
Comments: Apartments and apartment buildings are primary uses within the B-2M district. The proposed
project is meeting setback requirements for the B-2M district. The applicant proposes a storefront block
frontage designation along Aspen, continuing the storefront designation that already exists to the east, as
well as a landscaped block frontage along N. 8th Avenue. Staff has issued a correction to change the
landscaped designation to mixed-landscaped; however, the front setback requirements are the same for
each designation and does not affect review of these form and intensity standards. The application is
meeting the front setbacks for these block frontages along the south and west of the project. Two 20-foot
wide platted alleys border the subject parcels on the east and north of the project. Parking spaces line the
alleys and are not required to meet the 5-foot setback.
Lot
coverage
37.5% Allowed 100% Yes
Building
height
50-feet Allowed 50-feet residential
only, 60-feet mixed
use
Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design.
In addition to the 50-foot of max building height there is an allowable encroachment for the parapet of 2-4 feet.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: The project is not within an overlay district, or zoning district with specific standards
General land use standards and requirements 38.350 Yes
Comments: Encroachments are meeting code standards. The applicant has obtained an encroachment
permit from Public Works for the awning overhang into the public right of way along Aspen Street.
Applicable supplemental use criteria 38.360 Yes
Supplemental
uses/type
None NA
Comments: No uses with supplemental use criteria are proposed.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with
the proposed uses.
6a. Conformance with Article 4 - Community Design Provisions: Transportation
Facilities and Access (38.400)
Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 Yes
Access easements Yes
17
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 10 of 14
Level of Service
38.400.060
Yes Transportation grid adequate to serve
site
Yes
Comments: A traffic impact study was prepared for the proposed project by WGM Group and has been
evaluated by engineering for adherence to adopted standards. The reviewing engineer looked at impacts
at the intersections of West Juniper and North 7th Ave and West Aspen and North 7th Ave based on
forecasted traffic volumes and agreed with the applicant conclusions that the proposed development will
operate at an acceptable level of service. Level of service standards for arterial and collector streets
serving the site was also evaluated by engineering. A Waiver of Right to Protest Creation of Special
Improvement Districts (SID’s) for future transportation improvements is required ensuring participation in
funding of future infrastructure improvements that may be required to offset impacts created by
development of the property.
Sidewalks 38.400.080 Yes
Comments: Sidewalks both within and adjacent to the site along all street frontages are to be provided.
Drive access 38.400.090 Access to site: 2 Yes
Fire lanes, curbs, signage and striping Yes
Comments: Both lots will be accessed via the alley that runs between them, with one private access from
North 8th Ave. All circulation and parking is provided in the rear and side setbacks.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 NA
Pedestrian access easements for shared use pathways and similar transportation
facilities
NA
Public transportation 38.400.120 Yes
Comments: No new transportation pathways are proposed with this application. Street design has been
evaluated by engineering. Two existing Streamline bus stops are located within 400-700 feet of the
subject property including a covered stop near the Tamarack and 7th intersection.
6b. Conformance with Article 4 – Community Design Provisions: Community
Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comments: This project does not trigger neighborhood center requirements.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: This project does not trigger lot and block standards.
If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area
NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Comments: Requirements were reviewed by engineering. CIL of water rights is required to be paid prior to
site plan approval. Easements must be provided prior to site plan approval.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have
been reviewed by engineering.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
18
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 11 of 14
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA
Comments: The applicant has proposed an underground infiltration chamber to mitigate on-site stormwater
runoff. No surface ponds are proposed. Grading and drainage has been reviewed by engineering and found
to be adequate.
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A .52 acres of parkland required Yes
Cash donation in lieu (CIL) 38.420.030 Yes
Improvements in-lieu NA
Comments: The applicant has proposed to pay for 0.52 acres of required parkland totaling $46,887.98 at
the current valuation. The applicant is required to provide approval for this proposal from the Director of
Parks, and pay the CIL amount prior to final site plan approval.
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comments: No parks are proposed with this application. A public park exists 800 feet to the east at the
corner of Aspen St. and N. 5th Ave.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Storefront and Landscaped/Mixed-Landscaped Yes
Departure criteria None requested Yes
Comments: Staff has issued a correction that is still pending regarding the landscaped designation. Since
North 8th is yet un-constructed the applicant proposed a landscaped frontage designation along 8th. Given
the high density and mixed use nature of both B-2M and R-5 zoning that front on this street, it is more
appropriate for the designation to be mixed instead of landscaped to allow more flexibility for future
development as 8th is built out. Nonetheless, the standards are the same between landscaped and mixed-
landscaped for residential buildings. See code provisions on page 3 for further information.
The block frontage designation for Aspen Street is storefront, and the applicant proposes landscaped for
their portion of North 8th. For the storefront along the south elevation of the south building ground level
façade transparency is 70% with a 5-foot canopy that extends over the 13-foot wide sidewalk from curb to
building front. Building placement, building entrances, and parking location are also met for the storefront
frontage. For the landscaped frontage, an overall façade transparency of 25.3% is proposed for the west
elevation of the north building, and 22.3% of the west elevation of the south building. Both are meeting the
15% minimum. The primary residential entrances for each building are located off N. 8th Ave. with an entry
lobby and lounge accessed through each open space plaza. Weather protection, parking location, and
landscaping are also met for the landscaped frontage.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
Yes
19
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 12 of 14
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes
Parking requirements residential 38.540.050.A.1 0
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development
Relationship to adjacent properties 38.520.030 NA
Non-motorized circulation and design systems to enhance convenience and safety
across parking lots and streets, including, but not limited to paving patterns, pathway
design, landscaping and lighting 38.420.040
Yes
Comments: Pedestrian paths through the site and to the open space and service areas meet the
standards in this section for location, connections, and widths.
Design of vehicular circulation systems to assure that vehicles can move safely and
easily both within the site and between properties and activities within the general
community 38.420.050
Yes
Internal roadway design 38.520.050.D NA
Comments: NA
On-site open space 38.520.060
Total required 12,100 square feet Yes
Total provided 12,232 square feet Yes
Comments: Open space is to be provided via ground level shared open space, private unit balconies, and
shared indoor recreation areas. The shared ground level open space is located within two hardscaped
plazas, one for each building. These plazas will contain tables, chairs, and benches, and use raised
planters for screening from the public sidewalk and shared parking areas. These areas are not adjacent
to any service areas or ground level living space for each unit. The shared indoor recreation areas are
located in the bicycle/storage rooms that each contain a bike service station, rentable units to serve as
common amenity spaces for each building, and furnished entry lounges. These areas meet the
requirements that they be in a visible area, and are designed to service recreational functions that
encourage use by residents. Unit balconies comprise of less than 50% of the total required open space
and meet the dimensional and area requirements from this section.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by landscaping and are located on interior elevations facing
parking areas. Solid waste will be collected via a shared enclosure off the alley. Condensing units, RTU
units, and the backup generator are to be located on each roof and screened from public view.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development 38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: Each building is meeting the building articulation and building design standards of this
section. Each building is required to provide articulation at 30-foot intervals to reduce the perceived
massing and add visual interest. Vertical rows of windows and balconies are accented by natural wood
siding which contrasts with the black steel and fiber cement siding framing these vertical columns.
Additional modulation is created by entrances, changes in building materials, and roofline. Building
materials are dominated by cementitious wall boards and panels, however the applicant is providing
enough variety of colors and textures to meet this section of the code. A code correction has been issued
to change the fiber cement boards proposed along the commercial storefront to a more durable material.
See the remaining code provisions on page 3 above for more information.
20
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 13 of 14
Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential
38.540.050.A.2
0
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 67
Provided on-street 13
Bicycle parking 38.540.050.A.4 100
Comments: The minimum parking requirements of this section do not apply within the Midtown Urban
Renewal District the boundary of which is described in the Midtown Urban Renewal Plan adopted
pursuant to Ordinance 1925. The applicant is proposing 67 off-street parking spaces, which includes
compact and accessible spaces. Fronting the south building are 6 on-street spaces, and 7 on-street
spaces are fronting the north building outside of site vision triangles. Both buildings are proposed to have
an indoor bicycle storage room that can house 46 bicycles each for 92 interior spaces. 11 bicycle parking
spaces are proposed under each east facing residential entry and near the east commercial entry.
Loading and uploading area requirements 38.540.080 NA
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA
Comments: NA
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes
Additional screening NA
Street frontage Yes
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The provided landscaping plan conforms to standards.
Landscaping of public lands 38.550.070 Yes
Comments: Street trees will be provided along all frontages.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA
Proposed SF/building NA NA
Comments: No signage is proposed with this application or required for residential uses. A separate sign
permit is required prior to the installation of any commercial signs.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: The application proposes pole mounted site lighting over internal walkways, recessed lighting
at entries, and wall mounted lighting. The lighting meets the required cutoff and intensity requirements.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: NA
21
Staff Report
Gallatin Mixed Use Site Plan
Application No. 21129
October 19, 2021
Page 14 of 14
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: A public notice period was conducted meeting the requirements of this section and detailed on
page 1 of this report. No public comment has been received as of the writing of this report.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions Yes
Required easements Yes
Comments: The proposed project lies over 7 lots previously platted with Durston’s Second Subdivision.
The applicant is proposing to aggregate all but 2 lots, so that each lot houses 1 building, and realign the
boundary between the buildings to be centered on the drive aisle between the buildings. A 24-foot wide
shared access and drainage easement is proposed over that drive aisle. Beneath that drive aisle will be
the underground stormwater retention system. A 10-foot utility easement is proposed along N. 8th Ave,
and a 10-foot public sewer main easement along the north alley. An additional 5-feet is proposed to be
dedicated to the north alley.
22
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Training Regarding Role of Community Development Board When Acting as
the Design Review Board
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:None
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:One of the responsibilities of the Community Development Board is to
function as the Design Review Board. The Design Review Board is created
under Chapter 2, Article 5, Division 18 of the municipal code. Design review
is defined in Article 7 as: "Design review. The aesthetic evaluation of certain
development proposals."
The DRB acts as an advisory body to the review authority for:
1. Development applications meeting one or more of the thresholds of
section 38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
Most of the applications under duty 1 are administrative reviews decided by
the Community Development Director. Applications under duties 2 and 3 go
to the City Commission for final decision.
The thresholds of section 38.230.040.C are:
C. DRB review thresholds. When a development is subject to design review
and meets one or more of the following thresholds the design review board
must conduct the design review:
1. Forty-five or more dwelling units;
2. Thirty thousand or more square feet of office space, retail commercial
space, service commercial space or industrial space;
3. Four stories or more;
4. Twenty thousand or more square feet of exterior storage of materials or
23
goods;
5. Parking for more than 90 vehicles.
The required review can be completed through the Consent Agenda.
Projects which comply with code will be approved. Staff provides a report of
compliance with code and identifies required corrections. The criteria of
review varies by project type. For the majority of projects the provisions of
Article 38.5 are the applicable standards.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: March 3, 2022
24
Memorandum
REPORT TO:Community Development Board
FROM:Brian Krueger, Development Review Manager
Susana Montana, Senior Planner
Anna Bentley, Interim Director, Community Development Department
SUBJECT:Review and Comment on the Billings Clinic Bozeman Medical Campus
Planned Unit Development (PUD) Concept Plan.
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Provide comments on the proposed Concept PUD in preparation of
submittal of a Preliminary PUD Plan.
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 58-acre Billings Clinic Bozeman Medical Campus has an adopted Master
Site Plan which would be built-out over a 20-year period. The Site is zoned
B-2, Community Business which allows in-patient and out-patient medical
offices and services. The proposed PUD follows the B-2 zoning and approved
Master Site Plan with the exception of the following 5 proposed
"relaxations" to the Unified Development Code (UDC) standards for this Site
including: (1) building heights of up to 8-stories and 135 feet in two
development zones; (2) allow residential uses of all types, including ground
floor dwellings in apartment buildings; (3) larger block sizes without
vehicular or pedestrian passageways; (4) Block Frontage relaxations
regarding the location of parking lots, percent of frontage devoted to
parking lots, building setbacks, and ground floor treatments of parking
garages; and (5) distinct building and wayfinding signage for the "campus".
PUDs must provide a minimum of 20 "performance points" to demonstrate
that the PUD relaxations would result in a superior product/environment
than if it were to meet the standards of the B-2 zoning and UDC. The
Applicant proposes the following three performance point elements to
justify the proposed relaxations: (1) additional public and private open space
areas for 16 points; (2) wayfinding signs installed throughout the campus for
4 points; and (3) two sheltered bus stops within the campus for 2 points.
UNRESOLVED ISSUES:Staff supports the requested relaxations for building heights, signage, block
size and residential use but does not support the proposed Block Frontage
25
relaxations without further clarifications and limitations provided in the
Preliminary PUD submittal.
ALTERNATIVES:As suggested by the Board.
FISCAL EFFECTS:None
Attachments:
21471 Billings Campus Concept PUD CDB staff rpt.pdf
Attachment A Applicant Narrative.pdf
002 Application Form A1.pdf V1.pdf
Attachment B Applicant response to comments.pdf
21471 Billings PUD CDB cover memo.docx
Report compiled on: January 25, 2022
26
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 1 of 19
Application No. 211471 Type:
PUD Concept
Plan
Planned Unit Development (PUD) Concept Plan pursuant to BMC
38.430.040.A.1, Pre-application Review, of the Billings Clinic
Bozeman Medical Campus PUD.
Project Name Billings Clinic Bozeman Medical Campus PUD.
Summary [Please see Attachment A for the Applicant’s full narrative project description and Attachment B for the
Applicant’s response to staff initial comments memo].
This Concept PUD accompanies the base B-2 zoning for the Billings Clinic Bozeman Medical Campus--a
mixed use development of a 58-acre vacant property located in the northwest edge of the City. This
medical campus has been approved as a Master Site Plan [Project No. 20216] and its first 125,000 square
foot (sf) Phase 1 ambulatory medical service building Site Plan [No. 20213] has been approved and the
building is under construction on a 10-acre portion of the campus at its northeast edge [see Figures 5 and
6 of this report and see Figure 2 on page 19 of Attachment A—Project Narrative].
The PUD provides relaxations to the B-2 zoning and other zoning and design standards of the Bozeman
Municipal Code (BMC) for the “campus” Site in order to facilitate the development that would fulfill the
Applicant’s medical service mission for this Bozeman campus.
The B-2, Community Business District allows medical services as a principal use. However, there are
standards within the B-2 zone that the Applicant believes that limit the full achievement of the Applicant’s
objectives for this integrated medical campus. The Applicant proposes this PUD with the following 5
relaxations to the BMC to enable and facilitate their objectives [found on page 16 of Attachment A]. The
relaxations sought are:
(1) BMC 38.320.050. Building Height. Where the B-2 zone lying within a Regional Commercial and Services
Growth Policy designation allows a 90-feet building height for pitched roof buildings and 75-feet for flat roof
buildings, the Applicant seeks building heights of up to 135-feet and 8 stories in Zones B and D in the
south-central and south-east portions of the campus (see Figure 4 on page 6 below) [Staff supports this
relaxation];
(2) BMC 38.560.060. Signage. Signs for businesses are measured on a lot-by-lot basis. However, this
campus is a single lot owned by a single entity. The PUD would allow additional height and sign-face area
for monument-type wayfinding signs which would be placed throughout the campus. Building signs would
be measured by the 6 zones rather than by a single lot and would otherwise comply with allowed sign area
per linear foot of building frontage within the zone rather than by lot frontage [Staff supports this relaxation];
(3) BMC 38.410.040. Block Size. The approved Master Site Plan [see Figure 3 on page 5 and page 12 of
Attachment A] accommodates a variety of block sizes, lengths, width and configurations. This is a single
lot and the Applicant has divided the development of the campus into 6 zones [see Figure 4 below and
Figure 2 on page 19 of Attachment A]. This relaxation grants the block size flexibility shown in the Master
Site Plan with the condition that a pedestrian and/or vehicular connection/travelway is provided at a
minimum of 400 to 600-linear feet spacing on each “block”-equivalent. That condition remains with this
relaxation [Staff supports this relaxation];
(4) BMC 38.510.030.D. Block Frontage. The following 5 Block Frontage (BF) relaxations are proposed: (a)
Buildings may be setback from the street, provided wayfinding signs are provided at building entrances;
(b) building side or rear facades may face the street provided those facades do not appear “like the rear of
a building”; (c) parking may be located on all sides of a building; (d) parking structures may front on internal
or frontage streets and do not have to have commercial space “lining” or “wrapping” around the façade and
would be landscaped and set-back from the street; and (e) parking along streets may exceed 50% of the
street frontage provided the lots are screened with vegetation [Staff does not support these relaxations as
presented]; and
(5) BMC Table 38.310.040.C. Residential use on the ground floors in a B-2 zone. This relaxation would allow
dwelling units of all types on all floors of buildings within the Zones A, B, E and F of the campus. The
“middle” zones C and D would still limit residential use to the upper levels [Staff supports this relaxation].
27
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 2 of 19
Zoning B-2,Community
Business District
Growth Policy Regional
Commercial
and Services
Parcel Size 58-acres
Overlay District(s) None
Street Address Unaddressed except for the Phase 1 medical office building at 3905 Wellness Way, Bozeman, MT
Legal Description Lot 2A-1, Minor Subdivision 221F of S26, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana.
Owner Billings Clinic, Mitch Goplen, VP Facilities Services, Billings, Montana.
Applicant Same as above
Representative Angela Milewski, BHA Design, Fort Collins CO
Staff Planner Susana Montana Engineer
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
NA as not required NA NA NA
Advisory Boards Board Date Recommendation
Development Review Committee
(DRC)
January 12, 2022 The application is adequate, conforms to
standards, and is sufficient for submittal of a
Preliminary PUD.
Community Development Board
acting as Design Review Board
March 7, 2022 TBD
Recommendation Sec. 38.430.040.A.1 of the BMC requires the DRC and DRB to review the PUD Concept Plan as a “pre-
application review” to offer comments and recommendations to the Applicant for the preparation of the
required “Preliminary Plan Review”—that is, for the submittal of the Preliminary PUD.
Staff does not support the current Block Frontage relaxation as described below on page 3. The PUD is
deficient in Performance Points in order to qualify for a PUD as described on page 17.
Motion: “Having reviewed and considered the application materials, public comment, staff evaluation, and all the
information presented, I hereby adopt the findings presented in the staff report for application number 21471 for the
Billings Clinic Bozeman Medical Campus PUD Concept Plan and move to recommend to the Applicant to move
forward with the five proposed PUD relaxations in the Preliminary PUD submittal.”
Alternate Motion: “Having reviewed and considered the application materials, public comment, staff evaluation, and
all the information presented, I hereby adopt the findings presented in the staff report for application number 21471
for the Billings Clinic Bozeman Medical Campus PUD Concept Plan and move to recommend to the Applicant to
move forward with the proposed relaxations for building height, signage, block size and residential use for the
Preliminary PUD submittal and recommend that the P-PUD submittal positively address staff concerns about
proposed Block Frontage relaxations noted in the staff report for the PUD Concept Plan.”
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
28
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 3 of 19
PROJECT SUMMARY
Pursuant to Section 38.340.020, Design Review Board (DRB) authority, the Community Development Board, acting as the DRB,
is required to make advisory comments and a recommendation to the Community Development Director on this application.
However, specifically, Sec. 38.430.040.A.1.b requires the DRB to review the PUD Concept Plan, in a pre-application review,
and to comment to the Applicant on any requirements, standards or policies that may apply in order to identify any major
problems that may exist and identify solutions to those problems before formal application of a Preliminary PUD.
The Community Development Board, acting as the Design Review Board, will meet on this application on March 1, 2022 via
WebEx.
(1) STAFF RECOMMENDATIONS ON THE PUD CONCEPT PLAN PROPOSED RELAXATIONS
1. Staff supports the building height relaxations for zones B and D, which addresses Community Plan Policy DCD-2.4 which
states: “Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building
methods and building code changes”.
2. Staff supports the signage relaxations, provided the Preliminary PUD includes a legible table with the “Exterior Wayfinding
Signage Design” exhibit.
3. Staff supports the block size relaxations, which were approved with the campus Master Sign Plan.
4. Staff supports the Residential use relaxations as proposed which positively addresses Community Plan Policy N-1.12 to
“Encourage major employers to provide employee housing within walking/biking distance of place of employment” and
Policy N-1.1 which states ”Promote housing diversity, including missing middle housing”.
5. However, staff does not support the proposed BMC 38.510.030.D Block Frontage relaxations, as they are too vague and,
as currently proposed, appear to thwart the City’s Community Plan Goal N-1 to “Support well-planned, walkable
neighborhoods”.
The following underlined Block Frontage relaxations are proposed:
(1) Buildings may be setback from the street, provided wayfinding signs are provided at building entrances;
Staff comments: Design Guidelines. 38.430.030.A.4.a. Is there any limit on the depth of the setback from the street?
Please provide minimum and/or maximum setbacks. Please provide a set of design standards and guidelines for the
relaxations you seek with regard to block size and block frontage treatments. Please describe them with text and images
so future individual developers are clear on what your expectations and standards are.
(2) Weather protection will be provided at primary entrances, both for protecting people and as an identifier for the
entrances. Staff comments: Will this weather protection meet the Gateway or Mixed Block Frontage standards? If
not, please describe in text and images how this proposal would mitigate design and safety parameters for weather
protection and how would it provide a superior design as required for PUD relaxations per 38.430.030.A.4.c.
(3) Where rear or side building facades face a street, they will be articulated and detailed in a manner that does not
appear like the rear of a building. Staff comment: This is standard or parameter is extremely vague. Please provide
design guidelines and drawings to show what you intend and describe how this relaxation would result in a superior
design.
29
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 4 of 19
(4) Parking may be located on all sides of buildings due to the necessity of medical facilities providing adequate
parking quantities and the need to disperse parking to minimize walking distances.
Staff comment: This is a relaxation of the requirement that parking be located to the side or rear of structures per the
Gateway or Mixed Block Frontage (BF) standards. The Mixed BF standards reference the Storefront BF standards
of Table 38.510.030.B, cell 8 or the Landscape BF standards of 38.510.030.C, cell 6. Please identify which standards
do you seek relief from and describe how the site layout would or design would mitigate the visual impact of and
headlight glare from parked vehicles as viewed from public streets.
(5) Parking lots and structures will be mitigated with landscaping, setbacks from street frontage, and include
pedestrian walks. Staff comments: Please identify what relaxations from the 38.510, Block Frontage, 38.550, Landscape
or 38.400.110 Transportation Pathway standards you seek to relax. Please clarify whether or not you seek a relaxation
from the 38.510.030.M.2.a (2) standard that requires this “lining” or “wrapping” of the garage structure with none, some or
the entire street frontage with pedestrian-interest retail, office or residential land uses. How would you mitigate the visual
impact of and headlight glare from parked vehicles at the ground floor level?
(6)Block frontage will be addressed with each phase as building and road locations are developed. Staff comment:
Please specify what you mean by “addressed” as this is too vague a reference for a PUD relaxation discussion.
(7) All proposed block frontages will be subject to design review and approval by the City. Staff comments: Typically,
PUDs state something to the effect that outside of the code relaxations that are included within the Final PUD,
“individual site plans within the various phases of development and within the various zones of development are
subject to the code provisions, standards and review processes of the BMC which are in effect at the time of site plan
application”. If this is what you mean, please restate.
(8)Parking along street frontages may exceed 50% of the frontage provided the parking areas are screened with vegetation.
Staff comment: Per 38.550.050.C, Parking Lot Landscaping, surface-parking areas should be landscaped in which the
plantings are evergreen species planted at heights and intervals at first planting that achieve vegetative screening at a
minimum height of four (4) feet. Please provide design guidelines for the landscaping of surface parking lots within the
campus or that would meet the standards of 38.550.050.C.
30
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 5 of 19
MAP SERIES
Figure 1: Location Map
31
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 6 of 19
Figure 2: Zoning Map
32
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 7 of 19
Figure 3: Approved Master Site Plan
33
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 8 of 19
Figure 4: Campus Zones
Figure 5: Phase 1 development area
34
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 9 of 19
Figure 6: Phase 1 medical office building in Zone C
(2) ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth
Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Regional Commercial and Services Yes
Zoning B-2, Community Business District Yes with
relaxations
Comments:
Relevant Bozeman Community Plan policies are noted below.
Theme 3: A City Bolstered by Downtown and Complementary Districts.
Goal DCD-1: Support urban development within the City.
DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including
evaluating possible development incentives.
DCD-1.7: Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and
minimize disruption to the public.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on
centers of employment and activity. Support an increase in development intensity within developed areas.
DCD2.2: Support higher density development along main corridors and at high visibility street corners to accommodate
population growth and support businesses.
35
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 10 of 19
DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another.
Goal DCD-3: Ensure multimodal connectivity within the City.
DCD-3.5: Encourage increased development intensity in commercial centers and near major employers.
Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals.
DCD-4.4: Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels
to allow redevelopment to the full potential of their zoning district.
Bozeman Climate Plan
Focus Area 3: Vibrant & Resilient Neighborhoods
Solution G: Facilitate Compact Development Patterns
Solution J: Increase Walking, Bicycling, Carpooling and Use of Transit.
Bozeman Strategic Plan
Vision Statement 3: A Safe, Welcoming Community. We embrace a safe, healthy, welcoming and inclusive community.
Vision Statement 4: A Well-Planned City. We consistently improve our community’s quality of life as it grows and changes,
honoring our sense of place and the “Bozeman feel” as we plan for a livable, affordable, more connected city.
Comment:
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Meets Code?
Condominium ownership NA
Comments: The 58-acre PUD site would remain in the Applicant’s single ownership.
3. Conformance with Article 2, including the cessation of any current
violations (38.200.160)
Meets Code?
Current
Violations
None Yes
Comments: There are no current violations.
4. Conformance with Article 2 - Submittal material (38.220) requirements and
plan review for applicable permit types (38.230)
Meets Code?
Submittal requirements 38.220.100 Yes
Phasing of development 38.230.020.B No. of phases: multiple over a 20-year
period
Yes
Comments: The campus would build-out as the market or demand for medical services expands in the
area and region.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use
Permit) 38.230.120
NA
Comments: The purpose of the PUD is to make the requested relaxations permitted as-of-right.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Uses: B-2 uses including medical offices and
in-patient services with associated parking,
retail, signage, residential and open space
uses.
Yes, with
approval of the
PUD relaxations
36
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 11 of 19
Comments: The B-2 zone limits residential uses to apartments/dwelling units located above the ground
floor, to live/work units and to group housing as principal uses. Conditional uses include apartment
buildings, townhomes and rowhouses and ground floor dwelling units. The PUD relaxation would allow
dwelling units of all types as a principal use on the ground floor and above in the campus’ Zones A, B, E
and F of the campus. Residential use in the “middle” zones C and D would remain limited to upper levels.
Form and intensity standards 38.320
Zoning: B-2 Setbacks
Required(f
eet)
Setbacks per approved
Master Site Plan
Parking /
Loading
Meets Code?
Meets
approved
Master Site
Plan
Front Mixed BF:10’/Gateway:25’ NA
Rear 10’ 10’
Side 5’ 0’
Alley NA NA
Comments: Meets 38.510.030.D, Mixed Block Frontage Standards.
Lot
coverage
NA per approved
Master Site Plan
Allowed: 100% Proposed:
TBD per
site plan
Meets Code?
Yes, with
approval of the
proposed PUD
relaxations
Building
height
Allowed: 75’ 135’ Yes, with
approval of the
proposed PUD
relaxations
Comments: Maximum height for a B-2 zoned Site lying within a Regional Commercial and Services growth
policy land use designation can be increased by 50% or to 90’ as of right, depending on roof pitch. The
Applicant seeks taller buildings in Zones B and D of up to 135’.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: NA
General land use standards and requirements 38.350 NA
Comments: NA
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA
Comments: NA
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: NA
6a. Conformance with Article 4 - Community Design Provisions:
Transportation Facilities and Access (38.400)
Meets Code?
Streets 38.400.010 NA
Street and road dedication 38.400.020 NA
Access easements NA
37
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 12 of 19
Level of Service
38.400.060
Varies from
B to F
See below
Transportation grid adequate to serve
site
No
Comments: Section 38.400.060.B.4 establishes a Level Of Service (LOS) “C” as the standard for arterial and
collector streets and intersections in the City, unless specifically exempted by the City Engineer.
According to the approved Master Site Plan traffic impact study, the Full Buildout (2040) scenario capacity
calculation results showed that seven study area intersections are projected to exhibit substandard levels of
service (LOS) conditions on one or more approaches. The one-way stop-controlled intersection of Davis
Lane/East Valley Center Road (currently designated a minor arterial road) is predicted to operate at LOS D
and F, on the minor approach during AM and PM peak hour, respectively. North 27th Avenue/East Valley
Center Road (collector and principal arterial) intersection is predicted to operate at a LOS F on the minor
approach during the PM peak hour. The two-way stop-controlled intersections of Catamount Street/East Valley
Center Road (minor arterial and principal arterial) and Davis Lane/Cattail Street (minor arterial and collector)
operate at LOS D or F in the PM peak hour on both minor approaches (eastbound and westbound directions).
Catamount Street/East Valley Center Road also operates at LOS F on the minor approach during the AM peak
hour. The signalized intersections of Cattail Street/North 19th Avenue and North 19th Avenue/East Valley
Center Road are predicted to have 95th percentile queues that are lengthy on all approaches primarily during
the PM peak hour; North 19th Avenue/East Valley Center Road is also predicted to operate at a substandard
level on three approaches in the peak AM hour. The East Valley Center Road/site access intersection is
projected to have queueing in the minor approach during the PM peak hour. All other site access intersections
are projected to operate at LOS B or better during AM and PM peak hours with minimal projected 95th
percentile queuing. Notwithstanding these conditions, the campus Master Site Plan was approved.
Sidewalks 38.400.080 Yes
Comments: No change
Drive access 38.400.090 Access to site:
Fire lanes, curbs, signage and striping Yes
Comments: No change
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar transportation
facilities
Yes
Public transportation 38.400.120 Yes
Comments: No change
6b. Conformance with Article 4 – Community Design Provisions: Community
Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comments: NA
Lot and block standards 38.410.030-040 Yes, with
approval of the
PUD block size
relaxations
Midblock crossing: rights of way for pedestrians alternative block delineation Yes
38
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 13 of 19
Comments: BMC 38.410.040. Block Size. The Master Site Plan accommodates a variety of block sizes,
lengths, width and configurations. This is a single lot and the Applicant has divided the development of the
campus into 6 zones. This relaxation grants the block size flexibility shown in the Master Site Plan with the
condition that a pedestrian and/or vehicular connection/travelway is provided at a minimum of 400 to 600-linear
feet spacing on each “block”-equivalent. That condition would remain for the entire campus with this relaxation.
If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area.
Yes per
approved
Master Site
Plan
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Comments: These elements are addressed with the approved Master Site Plan.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Off site infrastructure for Phase 1 must be provided and accepted by the City prior to
occupancy of the Phase 1 ambulatory medical building.
Grading & drainage 38.410.080 Meets Code?
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Comments: No change to code requirements proposed as part of this PUD.
Watercourse setback 38.410.100 Yes
Watercourse setback planting plan 38.410.100.2.f Yes
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac.
Cash donation in lieu (CIL) 38.420.030 Yes
Improvements in-lieu NA
Comments: No change to code are proposed. NA
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comments: Parkland requirements for residential use would not change.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Mixed Block Frontage (BF) along
peripheral streets except for East Valley
Center Road which is designated a
Gateway BF
No
39
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 14 of 19
Departure criteria See proposed relaxations below.
Proposed Block Frontage Relaxations: The Applicant has stated that it will follow the Mixed and Gateway BF
standards with the following exceptions (relaxations):
1. Primary entrances of buildings would be set-back from the street an unspecified distance;
2. Weather protection of building entrances would be provided an unspecified location or amount;
3. “Where rear or side building facades face a street, they would be articulated and detailed in a
manner that does not appear like the rear of a building” although there are no design standards or
guidelines to accompany this relaxation;
4. Parking may be located on all sides of buildings;
5. Parking structures may front on a street and would not be lined or “wrapped” around with
commercial uses;
6. Parking along street frontages may exceed 50% of the frontage provided they are screened with
vegetation with no specifications as to the landscape screening required.
Staff Comment: As noted on page 3 of this staff report, staff cannot support these relaxations without
specific descriptions of the design standards and guidelines that would replace the code provision and that
would demonstrate that the relaxation would provide a superior project design.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development
Yes per Master
Site Plan
(MSP)
Relationship to adjacent properties 38.520.030 Yes per MSP
Non-motorized circulation and design systems to enhance convenience and safety
across parking lots and streets, including, but not limited to paving patterns,
pathway design, landscaping and lighting 38.420.040
Yes per MSP
and if PUD
relaxation is
granted with
clarifying
language
noted below.
Relaxation sought: The Applicant seeks a larger block size relaxation per the approved MSP that, as
mitigation, would provide a pedestrian and/or vehicular connection to a street at from 400 to 600 linear feet
(LF) spacing, where feasible, instead of no more than 400 LF per block per the BMC.
Staff Comment: Staff does not support the language “where feasible”. The relaxation must specify a
variance or departure procedure if and when a street does not meet the 400 to 600 linear feet spacing.
Design of vehicular circulation systems to assure that vehicles can move safely and
easily both within the site and between properties and activities within the general
community 38.420.050
Yes per MSP
Internal roadway design 38.520.050.D Yes per MSP
Comments: No change to BMC standards.
On-site open space 38.520.060 Yes
Total required: TBD per site plan
Total provided TBD Yes
Comments: No change to code is requested.
Location and design of service areas and mechanical equipment 38.520.070 Yes
40
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 15 of 19
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 No change proposed Yes
Parking requirements residential 38.540.050.A.1
Reductions residential 38.540.050.A.1.b
Parking requirements nonresidential
38.540.050.A.2
Reductions nonresidential 38.540.050.A.2.c
Comments: No change to BMC is proposed.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development 38.530.030
No, as
currently
proposed
Building massing and articulation 38.530.040 No, as
currently
proposed
Building details, materials, and blank wall treatments 38.530.050-070 No, as
currently
proposed
Comments: The PUD seeks unspecified relaxations of Mixed and Gateway Block Frontage standards
which require articulated facades that face a street. The requested relaxations are broad and vague. The
Concept PUD does not provide design guidelines for building facades that face a street within the campus
and tall buildings with undifferentiated blank walls could occur. Staff recommends that the Preliminary PUD
submittal include a Design Guidelines section that provides minimum standards for building articulation,
massing, materials, entryways, weather protection of its four facades and that states specifically where
these design parameters may vary from BMC standards. Alternately, a Design Guidelines section of the
PUD can incorporate by reference B-2, Mixed and Gateway Block Frontage standards with the exception
of specific relaxations by zones.
The relaxation would allow parking structures that face a street to have blank walls or walls that reveal
parked vehicles. Such structures pose safety concerns due to the absence of surveillance or “eyes on the
street” provided by ground floor commercial or service activities. These types of parking structures
“deaden” the street visually. Staff recommends that such parking structures should not be allowed to face
a street and, if allowed within the campus, should be limited to interior lands sufficiently connected by well-
lighted pedestrian networks without vegetative “nooks and crannies” that are not visually prominent to the
pedestrian passersby.
Building details and materials.
Comments: see above
41
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 16 of 19
Provided off-street
Provided on-street
Bicycle parking 38.540.050.A.4 Yes
Comments: No change to BMC standards are proposed.
Loading and uploading area requirements 38.540.080 NA
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA
Comments: No change to BMC standards are proposed.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required NA
Parking lot landscaping NA
Additional screening NA
Street frontage No change proposed
Street median island NA
Acceptable landscape materials No change proposed
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency TBD
Comments: No change to BMC standards are proposed.
Landscaping of public lands 38.550.070 No change to
BMC
Comments: No change to BMC standards is proposed
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 Yes, with
approval of
the PUD
relaxations
Proposed SF/building NA
Relaxations Sought: The PUD requests that total signage area that is permitted on a per-lot basis by BMC
38.560.060 be designated within the campus by its zones. Within the zones, rather than a lot, the building’s
signage would continue to comply with allowed sign area per linear foot of the building frontage.
Staff Comments: This request for building signage is specific to a single lot Site. The Preliminary PUD
should provide specific requested signage standards with accompanying tables and images.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: No change to BMC standards is proposed.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: The Master Site Plan meets BMC standards.
42
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 17 of 19
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment NA
Comments: Concept PUD applications have no public notice requirement.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA
Required easements NA
Comments: NA
11. Performance Points Earned per 38.430.090.E.2.a (7)
PUD Performance Points per BMC 38.430.090.E.2.a (7).
All PUD applications must earn a minimum of 20 performance points to qualify as a PUD. This
application is deficient in performance points by 6.25 points as noted below.
This application proposes the following performance points.
Staff Evaluation
a. Additional Open Space—13.75 Performance Points not 16 points.
1. Usable open space is required for commercial developments. The requirement is an area equal to at
least two (2) percent of the site area per BMC 38.520.060.C.1. The “site area” includes the building areas,
parking, service areas, access and landscaping. It would exclude public rights-of-way (ROW) and
required parking lot landscaping. The 58-acre campus Site provides a number of public streets which
would be excluded from the required open space requirement of BMC 38.520.060.C. However, on page
28 of the Project Narrative, it is stated that 8-acres of the Site would be provided as publicly-accessible
open space, representing 13% of the Site. This 6.84-acre surplus open space (above the 1.16-acres that
is required for the commercial development) within the Site represents 11% of “Additional Open Space”
which qualifies as 13.75 Performance Points at 1.25 points for each percent of additional open space on
the Site and not 16 points. Staff recommends that the Preliminary PUD submittal provides a map showing
where the required public open space and the additional public open space would be provided on the Site
and that it differentiate the two types by coloring or some other markings.
b. Wayfinding signage—4 Performance Points Proposed but none provided.
BMC 38.430.090.E.2.a.(7)(h), Integrated and coordinated wayfinding measures beyond minimum
requirements within the overall project.
43
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 18 of 19
[Page 26 of the Project Narrative] “Wayfinding is an important element of campus
design. Billings Clinic’s operation of medical campuses throughout the region, as well as the
experience of healthcare facilities nationwide, demonstrate the importance of creating an
area that is easy to navigate in stressful situations.
Patients and visitors to a medical campus need to be able to easily and conveniently
locate, identify, and find their way to the various services offered. The multiple buildings
associated with a medical campus, the needs and abilities of those seeking medical and
emergency services, and the diversification of services offered within a medical campus
create a need for establishing clear and visible wayfinding and informational signage. The
goals of the wayfinding approach are to help keep consumers oriented and informed, and
to make the experience as positive and stress-free as possible.
The Billings Clinic medical campus employs a landmark-based wayfinding approach,
augmented with explicit, written information (directional signs) where detail is needed.”
“Building Identification signage is positioned for maximum visibility from Interstate 90 and
roadways surrounding the campus and is integrated with the architectural design of the
building. “Billings Clinic” the health provider name and logomark are positioned at the
top of the building (in the most prominent location).
Monument signage will be located at primary entry points indicating availability of
emergency services.
Vehicular and pedestrian directional signage to buildings and services will be positioned at
decision-making points to help guide consumers to specific buildings and services (Hospital,
Urgent Care, Surgery, Clinic, future destinations, greenway trail paths, etc.
Identification of buildings and services is reinforced at Building Entries where illuminated
letter signs are mounted to the front of entry canopies for visibility to consumers once
they arrive on campus.
Material and colors complementary to the architectural and landscape design will be
incorporated and carried through the entire signage family. Consistent representation of the
Billings Clinic brand including typefaces, colors, and treatment of logos will be followed.”
[Page 28] “Wayfinding is an important element of the campus design and a complete
wayfinding plan will be submitted with the preliminary PUD.”
Staff Comments: Staff recommends that, in order to earn the 4 performance points, the Preliminary PUD
submittal provides images of the various wayfinding signs proposed along with a map of the locations for
each within the campus.
c.Bus Stop—2 Performance Points proposed pursuant to BMC 38.430.090.E.2.a.(7)(j) but none are shown. In
order to qualify for 2 Performance Points, the Preliminary PUD must provide images of the two sheltered
bus stops proposed for the Site and a map of the locations for each within the campus.
44
Community Development Board Staff Report
Billings Clinic Bozeman Medical Campus PUD Concept Plan
Mixed-use Planned Use Development
Application No.21471
February 23, 2022
Page 19 of 19
Staff Comments: As of this application, only 13.75 Performance Points are demonstrated out of a
required 20 points needed to qualify for a PUD, a deficiency of 6.25 points. The Preliminary PUD
submittal must make this correction.
45
Billings Clinic Bozeman Medical Campus
PUD Concept Plan
November 2021
Prepared by:
BHA Design
1603 Oakridge Dr, Ste 100
Fort Collins, CO 80525
970.223.7577
Sanderson Stewart
1610 Ellis St, Ste 2B
Bozeman, MT 59715
406.522.9876
46
PROJECT TEAM
Applicant & Property Owner:
Billings Clinic
Contact: Mitch Goplen
2800 10th Avenue North
Billings, MT 59101
(o) 406.657.4036
(c) 406.671.1134
mgoplen@billingsclinic.org
Representative:
BHA Design
Angela Milewski
1603 Oakridge Dr, Suite 100
Fort Collins, CO 80525
970.223.7577
amilewski@bhadesign.com
Civil Engineer:
Pat Davies
Sanderson Stewart
1300 North Transtech Way
Billings, MT 59102
406.656.5255
pdavies@sandersonstewart.com
Consulting Architect:
Ken Carbonari
EYP Architecture
1801 Wewatta Street, 11th Floor
Denver, CO 80202
303.573.9205
kcarbonari@eypae.com
PROJECT INFORMATION
PROJECT LOCATION
Lot 2A-1, Minor Subdivision 221F
47
TABLE OF CONTENTS
PART I - Project Introduction
Introductory Statement 2
Part II - Application Forms & Checklist
Development Review Application 4
PUD Concept Plan Checklist 7
Part III - Project Narrative
Project Vicinity Map 10
Overview and History 11
Approved Master Site Plan Graphic 11
Site and Land Conditions 13
Utilities 13
Adjacent Land Uses 14
Approved Subdivision Plat 15
Design Intent 16
Project Goals 16
Designing for Sustainability 17
Project Time Frame and Phasing 18
Proposed Uses 19
Land Uses 20
Site Improvements, Buildings, Parking 20
Open Space Network 24
Trails, Parks, and Open Space 24
Wayfinding Strategy 26
Building Signage Heirarchy 26
Part IV - Performance Points & Relaxations
Performance Points 28
Building Height Relaxations 29
Signage Relaxations 32
Next Steps 34
48
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 1
PART I
Project Introduction
49
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 2
INTRODUCTORY STATEMENT
The Billings Clinic Bozeman Medical Campus is a
planned multi-phased Planned Unit Development
(PUD) on 58 acres at the north end of the city near
Interstate 90. Billings Clinic, Montana’s largest
healthcare system, has been serving the Bozeman
community for many years. As the community has
grown, so has the need for healthcare services
and Billings Clinic has continued to invest in the
Bozeman community to support these needs.
The Billings Clinic Bozeman Medical Campus will
allow for the expansion of emergency acute care
and ancillary medical services to help serve the
growing Bozeman community.
Billings Clinic will offer a campus that includes
a multi-specialty physician group practice,
urgent care and outpatient surgical services.
The campus will also provide specialty outreach
clinics and telemedicine services to enhance
access to the 80+ specialties offered by Billings
Clinic. In addition, the Mayo Clinic Care Network
provides clinical resources and direct access to
Mayo Clinic specialists. Extensive research went
into determining what services are needed for
the master planning for the campus, including
in-person community listening sessions, online
surveys, and a feasibility study based on the
projected needs and growth of the Bozeman
community.
But across the entire 58-acre property, the project
is envisioned as a pedestrian-friendly mixed-use
campus with a healthcare focus. It will provide
a mix of uses to allow for nearby services and
housing to support the needs of staff, patients
and families.
Billings Clinic is excited to continue our
collaboration with the City of Bozeman and
the nearby neighborhoods to provide high-
quality and compassionate healthcare services
in an authentic extension of the north Bozeman
community.
50
PART II
Application Forms & Checklists
51
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 4
Lot 2A-1, Minor Subdivision 221F
52
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 5
Mitchell T Goplen (Dec 2, 2021 20:32 MST)
Mitchell T Goplen
Mitchell T Goplen (Dec 2, 2021 20:32 MST)
Mitchell T Goplen
Mitchell T Goplen
Mitchell T Goplen
53
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 6
54
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 7
0123
0456672®16972®27740$76®/0127®
36370®0456®387949:
012®36370®0456®3873949:®0;3721;7
=®>?@AABC®DAEGBC®HBIB?JKLBAG®M>DHN®OJAPBKG®>?@A®RBIEBS®ET®GUB®VRTG®TGBK®EA®GUB®>DH®BAWG?BLBAG®KRJPBTTX®YUBA®@®TZ[CEIETEJA®ET®
KRJKJTBC®EA®PJA]ZAPWJA®SEGU®@®^JAEA_®>DH®GUB®TZ[CEIETEJA®RBIEBS®TU@??®[B®PJJRCEA@GBC®SEGU®GUB®^JAEA_®RBIEBS®@AC®@®TZ[CEIETEJA®
KRB`@KK?EP@WJA®K?@A®@KK?EP@WJA®TU@??®@?TJ®[B®TZ[LEaBCX®bUET®RBIEBS®KRJIECBT®@A®JKKJRGZAEGc®GJ®ECBAWdc®@Ac®L@]JR®KRJ[?BLT®GU@G®
L@c®BeETG®@AC®TJ?ZWJAT®GJ®GUJTB®KRJ[?BLT®[BdJRB®dJRL@?®@KK?EP@WJAX®DKJA®PJLK?BWJA®Jd®GUB®PJAPBKG®K?@A®RBIEBS®@AC®RBPBEKG®Jd®
SREaBA®PJLLBAGT®JA®GUB®PJAPBKG®K?@AABC®ZAEG®CBIB?JKLBAG®K?@Af®@®dJRL@?®@KK?EP@WJA®L@c®[B®V?BC®dJR®KRB?ELEA@Rc®K?@AABC®ZAEG®
CBIB?JKLBAG®RBIEBSX
hij®klmnopr®hstm®kuonvswxr >@_B®y®Jd®z {o|wxwlm®jtro}®~tnu®
29954®:1$954:® ®65$96®0;34
X =??®L@GBRE@?T®LZTG®[B®@®>®JR®>HX®J®EACEIECZ@?®V?BT®SE??®[B®@PPBKGBC®GU@G®@RB®?@R_BR®GU@A®®X®E?BT®GU@G®@RB®?@R_BR®LZTG
[B®[RJBA®CJSA®EAGJ®TL@??BR®V?BTX®ATZRB®GU@G®?@cBRT®@RB®@aBABCX
X bUB®CE_EG@?®PJKEBT®LZTG®[B®TBK@R@GBC®EAGJ®GSJ®P@GB_JREBT}®2
® ®0
X
@X bUB®HJPZLBAGT®dJ?CBR®TUJZ?C®EAP?ZCB®EGBLT®TZPU®@T®@KK?EP@WJA®dJRLTf®A@RR@WIBf®RBTKJATB®GJ®OEGc®PJLLBAGTf®TZKK?BLBAG@?
CJPZLBAGTf®GBPUAEP@?®RBKJRGTf®B@TBLBAGTf®?B_@?®CJPZLBAGTf®BGPX
[X bUB®>?@AT®dJ?CBR®TUJZ?C®EAP?ZCB®EGBLT®TZPU®@T®TEGB®K?@ATf®PEIE?®K?@ATf®?@ACTP@KB®K?@ATf®KUJGJLBGREP®K?@ATf®B?BI@WJATf®BGPX
=??®K?@AAEA_®V?BT®LZTG®[B®CR@SA®@AC®dJRL@aBC®dJR®@®®e®®TUBBG®V?B®JR®®e®®TUBBG®V?BX®>?@A®K@_BT®TU@??®[B®KRJKBR?c
JREBAGBC®EA®?@ACTP@KB®LJCBX
X @LEA_®KRJGJPJ?X®@PU®EACEIECZ@?®CJPZLBAG®JR®CR@SEA_®TUBBG®LZTG®U@IB®@®KRJKBR®A@LB®@AC®C@GBX®ATZRB®GU@G®B@PU®V?B®A@LB
ETAG®GJJ®?JA_f®CJBTAG®U@IB®@Ac®TK@PBT®MZTB®P@KEG@?®?BaBRT®GJ®CB?ELEG®SJRCTNf®@AC®EAP?ZCBT®GUB®A@LB®Jd®GUB®EGBLX
@X HJPZLBAGT®TUJZ?C®[B®?@[B?BC®@T®TZPU®O=KK?EP@WJA f®@RR@WIB ®JR® GJRLS@GBRBKJRG
[X HR@SEA_®TUBBGT®@RB®RB ZERBC®GJ®[B®?ETGBC®EACEIECZ@??c®@AC®EA®TB ZBAW@?®JRCBRX®@PU®CR@SEA_®TUJZ?C®[B®P@GB_JRE^BC®[@TBC®JA
wrx®nlmromr}
EX =RPUEGBPGZR@?®HR@SEA_T® ®=X®e@LK?B®= EGB>?@A
EEX OEIE?® ®OX®e@LK?B®OOEIE?>?@A
EEEX !@ACTP@KB® ®!X®e@LK?B®!!@ACTP@KB
EIX ?BPGREP@?® ®X®e@LK?B®>UJGJLBGREP>?@A
012®36370®0456®;797"®3873949:
X OJLK?BGB®@AC®TE_ABC®CBIB?JKLBAG®RBIEBS®@KK?EP@WJA®dJRL®=X
X >RJ]BPG®@RR@WIB®KRJIECEA_®@®CBTPREKWJA®Jd®GUB®JIBR@??®KRJ]BPG®EAP?ZCEA_®CBTE_A®EAGBAGf®KRJ]BPG®_J@?Tf®KRJ]BPG®WLB®dR@LBf
KRJKJTBC®ZTBTf®TEGB®ELKRJIBLBAGTf®[ZE?CEA_Tf®@AWPEK@GBC®K@REA_®CBL@AC®@AC®TJZRPB®Jd®J#®TGRBBG®K@REA_X®%d®KU@TEA_®ET
KRJKJTBCf®EAP?ZCB®@®CBTPREKWJA®Jd®B@PU®EACEIECZ@?®KU@TB®@T®RB?@GBC®GJ®GUB®JIBR@??®ELKRJIBLBAGTX
X !ETG®Jd®@Ac® ZBTWJAT®RB_@RCEA_®TKBPEVP®KRJ]BPG®EAKZGX
X ZLL@Rc®Jd®UJS®>BRdJRL@APB®>JEAGT®SE??®[B®B@RABC®KBR®&XX'XX®bUB®Be@PG®P@?PZ?@WJAT®CJ®AJG®U@IB®GJ®[B®@PPJZAGBC®dJRf
[ZG®KRJPIECB®@A®JIBRIEBS®Jd®UJS®GUB®KBRdJRL@APB®KJEAGT®@RB®BeKBPGBC®GJ®[B®@PUEBIBCX
X =®PJLK?BGB®?ETG®Jd®KRJKJTBC®RB?@e@WJAT®GJ®GUB®O®?ETGBC®[c®EACEIECZ@?®TBPWJA®@AC®RB@TJA®dJR®GUB®RB?@e@WJAX
X H@G@®RB_@RCEA_®GUB®BeETWA_®^JAEA_f®TEGB®@AC®[ZE?CEA_®PJACEWJATf®@C]@PBAG®ZTBTf®@I@E?@[?B®ZW?EWBT®@AC®JGUBR®RB?@GBC®_BABR@?
EAdJRL@WJA®@[JZG®@C]@PBAG®?@AC®ZTBTX
X %d®K@R?@AC®ET®RB ZERBCf®BeK?@EA®KRJKJTBC®S@c®GJ®T@WTdc®KBR® BPWJA®&Xf®OX
012®36370®0456®;797"®;7(19;7$76:
bUET®U@ACJZG®KRJIECBT®CBG@E?T®dJR®GUB®@KK?EP@WJA®RB ZERBLBAGT®JZG?EABC®EA®GUB®KRJ]BPG®PUBP?ETGTX®bUB®JZGPJLB®Jd®GUB®>DH®PJAPBKG®
K?@A®RBIEBS®KRJPBTT®ET®CBKBACBAG®JA®GUB®?BIB?®@AC® Z@?EGc®Jd®EAdJRL@WJA®GU@G®ET®KRJIECBC®dJR®GUB®RBIEBSX®bUB®LJRB®EAdJRL@WJA®@AC®
[BaBR® Z@?EGc®GU@G®ET®KRJIECBC®dJR®RBIEBSf®GUB®_RB@GBR®GUB®@[E?EGc®dJR®GUB®OEGc®GJ®RBTKJAC®SEGU®TKBPEVP®PJLLBAGTX
)*++,-.01®23435*6+3-0
(Pages 4-6)
(Pages 9-26)
Included as separate document
(Page 27)
(Pages 28-32)
(Pages 12-13)
(Page 23)
55
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 8
012®4564708®096®47498
®
8 ® !""!#$%&®'() &!*$ +®(* ®) ®* ,-$* / %)+® !*®$%0$1$0-("®2"(%®+ )+3®2 2 %0$%&®!%®) ®+'(" ®(%0®0 )($"®! ®) ®2*!4 ')5®(®+$%&" ®
+$) ®2"(%®0$+2"(6$%&®2*!2!+ 0®'!%0$7!%+®(%0®'$1$"®* ,-$* / %)+®$+®(""!# 03® ®2"(%®+ )+®(* ®!1 *"6®'!%& +) 0®#$) ®"$% ®)62 +®(%0®
0 )($"5®2*!0-' ®$%0$1$0-("®+ )+®) ()®+ 2(*() ®) ®$% !*/(7!%3
83 %'"-0 ®(®+ 2(*() ®+$) ®2"(%®0$+2"(6$%&® :$+7%&®'!%0$7!%+®+-' ®(+®"!)®;!-%0(*$ +5®0$/ %+$!%+5®+ );('<+5® :$+7%&® (+ / %)+5
('' ++®2!$%)+5®1 $'-"(*®(%0®2 0 +)*$(%®'$*'-"(7!%5®;-$"0$%&+5®%()-*("® ()-* +5®(%0®)!2!&*(2 63
=3 ®'!/2-)(7!%®)(;" ®+ !#$%&®) ®+$) >+®2*!2!+ 0®"(%0®-+ ®(""!'(7!%+®;6®"!'(7!%®(%0®(+®(®2 *' %)®! ®)!)("®+$) ®(* (3
?3 $) ®2"(%®0$+2"(6$%&®2*!2!+ 0®0 1 "!2/ %)®$%'"-0$%&@
(3 7:$+7%&®(%0®2*!2!+ 0®-7"$7 +®"(; " 0
;3 );('<+
'3 0 0 +)*$(%®(%0®1 $'-"(*®'$*'-"(7!%
03 A"!'<® *!%)(& ®'"(++$B'(7!%®2 *®AC4® '7!%®?E3F8G
HIJ®KLMOPQR®HSTM®KUPOVSWXR 0(& ®Z®! ®Z [P\WXWLM®JTRP]®^T_OU®`a`b
3 )* )®1$+$!%®)*$(%&" +
3 52 %®+2(' ®c$ ®(22"$'(;" e
&3 %7'$2() 0®2(*<$%&®0 /(%0®(%0®+!-*' ®! ®!f®+)* )®2(*<$%&
3 A-$"0$%&® !!)2*$%)
g3 4$1$"®2"(%®$%'"-0$%&@
(3 0*!2!+ 0®-7"$7 +®h® " ')*$'5®%()-*("®&(+5®) " 2 !% 5®'(;" 5®#() *5®+ # *
;3 7(+ / %)+®c$%®'!** ')®0$/ %+$!%+®(%0®#$0) e
'3 0 %7 6®(®+)!*/#() *®+)*() &6®c+-* (' ®1+3®+-;&*(0 e5®(%0®& % *("®"!'(7!%3®4("'-"(7!%+®%!)®* ,-$* 03
03 8!2!&*(2 $'®'!%)!-*+
F3 0*!2!+ 0®+)*-')-* c+e
(3 4!%' 2)-("®;-$"0$%&® " 1(7!%+®#$) ®!1 *(""® $& )5®*!! ®2$)' 5®(%0®)*(%+2(* %'6®"!'(7!%+® !*®;"!'<® *!%)(& +
;3 i"!!*®2"(%+®#$) ®(* (+®! ® (' ®+2(' ®$0 %7B 0®#$) ®-+ ®c$ ®<%!#%e
'3 A-$"0$%&®/() *$("+
j3 );('<+5®;-$"0$%&® !!)2*$%)®(%0®(%6®2*!2!+ 0® %'*!(' / %)+3® kl®+ );('<®!*®2*!2 *)6®"$% ® %'*!(' / %)+®/-+)®; ®'" (*"6
+ !#%®(%0®; ®%!) 0®#$) ® %'*!(' / %)®)62 ®c 3&3®(#%$%&5®# () *®2*!) '7!%5®'(%7" 1 *5®"$& 7%&5® (1 5® )'e3
m3 ' /(7'®"(%0+'(2 ®2"(%3®)®0! +®%!)®% 0®)!®; ®' *7B 0®;6®' *7B 0®"(%0+'(2 *3®0 %7B 0®+2 '$ +®(%0®$**$&(7!%®%!)
* ,-$* 03® !#®& % *("®"!'(7!%®! ®+)* )®)* +5®+'* %$%&5®"(%0+'(2 ®+ 2(*(7!%5®(%0®2(*<$%&®"!)®"(%0+'(2$%&5®(+®(22"$'(;" ®)!
) ®2*!4 ')3
E3 ®2 (+$%&®$+®2*!2!+ 05®(®+ 2(*() ®2 (+$%&®2"(%®#$) ®2 (+ +®'" (*"6®$0 %7B 03
n ®
i!*®/!+)®'-** %)®(22"$'(7!%® 5®+ ®' 0-" ®! ®4!//-%$)6®2 1 "!2/ %)® +3®i +®(* ®)62$'(""6®(04-+) 0®$%®(%-(*63
n n®
" * 0®C3®7f®0*! ++$!%("®A-$"0$%&
=G®7(+)®5"$1 ®)* )
05®A!:®8=?G
A! /(%5®C8®F m8F
2 !% ®®®gGjhFE=h==jG
(:®®®gGjhFE=h==j?
2"(%%$%&;! /(%3% )
###3;! /(%3% ) 2"(%%$%&
®
85®H®c$ ®(++!'$() 0®#$) ®'!%'-** %)®+-;0$1$+$!%®(22"$'(7!%e
(Page 12)
(Page 19)
(Page 15)
(Page 12)
(Page 21)
(Page 33)
(Page 12)
(Page 21)
56
PART III
Project Narrative
57
10PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
Cattail
Lake
Park
Cattail
Lake
Park
SITE
58.03 AcresDavis LnWestlake Rd.
200 Foot property
line offset
200 Foot property
line offset
Catamount St.
Catron St.Warbler WayN 27th Ave.Springhill Rd.N 19th Ave.I-9
0
E.
V
a
l
ley Ce
n
t
e
r Dr.
Fro
n
t
a
g
e
R
d
.
Municipal
Waste Water
Treatment
Municipal
Waste Water
Treatment
<
to
B
e
l
g
r
a
d
e
to
D
o
w
n
t
o
w
n
B
o
z
e
m
a
n
>
SCHAPLOW
Parcel
CITY OF BOZEMAN
Parcel
CITY OF BOZEMAN
Parcel
EASTLAKE
PROFESSIONAL
CENTER, LLC
Parcel
SPIREHOLDINGS LLCParcel
VC DEVELOPMENT LLC
Parcel
BOZEMAN ELEM
AND HIGH SCHOOL
DIST #7
Parcel
TROUT
MEADOWS LLC
ParcelSCHAPLOW FARMS LLC
Parcel
SCHAPLOW FARMS LLC
Parcel
SCHAPLOW FARMS LLC
Parcel
CATTAIL LAKE SUB
Parcel
CITY OF BOZEMAN
Parcel
VANIMAN
Parcel
MEADOWLARKLEGACY LLCParcel
East
G
a
l
l
a
t
i
n
R
i
v
e
r
Half Mile from Site Boundary (approx.)
Lorem ipsum
Parcel
to be
Annexed
Figure 1. Project Vicinity Map.
58
11PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
OVERVIEW AND HISTORY
In 2016 Billings Clinic purchased the property
near Interstate 90 with the vision of developing
a full-service medical campus to serve the
growing needs of Bozeman and Gallatin County.
Billings Clinic worked together with the city to
create a framework for this campus to support
essential and allied medical services alongside
complementary mixed-use, commercial, retail
and residential uses. These efforts have resulted
in an approved Master Site Plan, Infrastructure
Plans, and construction now underway for the
first phase. This initial phase includes a new
Ambulatory Care Center (ACC) and Ambulatory
Surgery Center (ASC) scheduled to open in 2022
and is designed to connect to and support future
uses as the campus master plan develops over
time.
Billings Clinic is now pleased to move forward
with the next key step – completing a Planned
Unit Development (PUD) for the campus.
The PUD expands on the approved Master
Site Plan by outlining the vision for character,
wayfinding, circulation, and open space to create
a thoughtful plan for high quality healthcare,
services and economic development to support
this growing area of Bozeman.
Previous approvals and reviews:
• Growth Policy Map Amendment (GPA)
changing the designated land use of the
campus to Regional Commercial and Services
(completed)
• Zoning Map Amendment (ZMA) requesting
Community Business District (B-2) zoning for
the portion of Lot 2A of Minor Subdivision
221E that had been zoned Residential Office
(R-O) (completed)
• Amended Plat of Tract A of Certificate
of Survey No. 165A and Lot 2A of Minor
Subdivision 221E, acquisition of a portion of
Tract A of Certificate of Survey No. 165A (the
“County Parcel”) by Billings Clinic (completed)
• Master Site Plan and Infrastructure Plans
(completed and approved).
• Site Plan Review for Phase 1 improvements
(completed, under construction)
• Annexation and zoning of westerly 4.2 +/-
acres, formerly owned by the Vaniman family,
application currently in review. (anticipated
completion by end of 2021)
59
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 12
CLASS I TRAIL
10' WIDE CONCRETE
25' TRAIL CORRIDOR
BILLINGS CLINIC
MEDIAL CAMPUS
MONUMENT SIGN, TYP.
BILLINGS CLINIC
MEDIAL CAMPUSMONUMENT SIGN,
TYP.
BILLINGS CLINIC MEDICAL
CAMPUS WAYFIND SIGN, TYP.
50' CREEK SETBACK
CLASS II TRAIL
PARK AND OPEN AREAS,
6' WIDE CONCRETE
(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS)
100-YR FLOODPLAIN
NEIGHBORHOOD CENTER
(PARK OR CIVIC SPACE)
OPEN SPACE
AMENITY AREA
AMBULATORY
CARE CENTER 1
AMBULATORYSERVICE CENTER
AMBULATORY
CARE CENTER 2
INPATIENT
FACILITIES
PARKING
STRUCTURE
PARKING
STRUCTURE
HELIPAD
PROPERTY LINE
LIMIT OF PHASE 1 IMPROVEMENTS, TYP.
PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE)
EAST VA
LLEY
CE
N
TER
RO
AD (GATEW
A
Y
FR
O
NTAGE)
DRIVE AISLE
DRIVE AISLEDRIVE AISLELEGEND
ENTRY ARCHITECTURE / FEATURE
MONUMENT SIGN
DIRECTIONAL SIGN
PUBLIC STREET (MIXED USE FRONTAGE)
PRIVATE DRIVE (MIXED USE FRONTAGE)
WATERWAY 50' BUFFER
EXISTING WETLAND / WATER WAY
PHASE I BOUNDARY
CLASS I TRAIL - 10' MIN.
(PARK AND TRAIL BLOCK FRONTAGE)
CLASS II TRAIL - 6' MIN.
(PARK AND TRAIL BLOCK FRONTAGE)
PRIVATE TRAIL CONNECTION
APPROVED MASTER SITE PLAN GRAPHIC
60
13PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
SITE AND LAND CONDITIONS
The PUD area has previously been in agricultural
use. The Billings Clinic Bozeman Hospital Phase
One buildings are currently under construction
within the Zone C area. Portions of the road
infrastructure are under construction to support
Phase One. The remaining portions of the
property remain undeveloped.
The westernmost portion of the campus
is traversed from its southern to northern
boundaries by Cattail Creek and its attendant
flood plain, otherwise there is no surface water
present on the campus. Cattail Lake is directly to
the south of the campus.
UTILITIES
A 12-inch water main runs in the right-of-way of
North 27th Avenue, extending to the southeast
corner of the campus. Water will be provided to
the campus from this main and then extended to
connect with the existing 12-inch main in Davis
Lane. The Municipal Waste Water Treatment
plant is located just across Interstate 90. Sanitary
sewer is proposed to flow off of the site to a
gravity main in Davis Lane that will take it to the
proposed Davis Lane Lift Station and then to the
treatment plant. The map below depicts current
and proposed utilities.
Stormwater will be managed in accordance to
the City of Bozeman requirements and is planned
to be discharged to historic drainage ways at or
below predeveloped rates.
Figure 8. Proposed Utilities.
61
14PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
ADJACENT LAND USES
Except for the future tract of land to be annexed,
the campus is zoned B-2, as is property directly
to the east. The annexation and initial zoning
application will request the parcel of land
adjacent to Davis Lane be zoned B-2 to coincide
with the remaining campus zoning. To the north
of the campus lies property located in Gallatin
County containing residential and agricultural
uses, East Valley Center Road, and Interstate
90. Across Interstate 90 is the Municipal Waste
Water Treatment plant and some residential
development. To the south of the site is the
First Student bus depot on property owned by
the Bozeman School District zoned PLI. This
property is intended for the construction of a
public school. Also to the south of the campus
is the Cattail Lake residential subdivision and
Cattail Lake Public Park. These properties are
zoned R-4. Further south there is a mix of single
and multi-family residential and commercial uses
including the Costco and Target stores. These
properties carry a mix of R-1, R-2, B-1, and B-3
zoning. Davis Lane borders the west side of the
campus and across it is land in Gallatin County
that is in agricultural use. The map below depicts
surrounding zoning districts.
Figure 9. Adjacent Land Use.
62
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 15
APPROVED SUBDIVISION PLAT
63
16PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
DESIGN INTENT
The Billings Clinic Bozeman Medical Campus
will provide for essential and allied medical
services while incorporating complementary
mixed-use commercial, retail, and residential
programming to honor the city’s motto of being
“the most livable place.” It will be designed as
a pedestrian-friendly mixed-use campus with a
healthcare focus. Key design features prioritize
safety, wayfinding, accessibility, walkability, and
connections to public transportation.
Open space networks will provide access to
natural features and trail connections envisioned
in Bozeman’s Parks, Recreation, Open Space
and Trails Plan will extend through the campus
providing key connections and access to the
greater Gallatin Valley trail system.
Billings Clinic’s Guiding Principles will direct
the design of medical services within the campus
to provide the community with high-quality and
compassion healthcare. These include:
• Design for Safety
• Design for Clinical Excellence
• Design for Patient / Staff / Physician
Experience
• Design for Integrated Delivery
• Design for Strategic Innovation and Growth
• Design for Stewardship
PROJECT GOALS
The following project and development goals are
summarized from prior meetings between Billings
Clinic and the City of Bozeman:
• Innovation: virtual care, futuristic adaptability,
and timeless design
• Adaptable Layout: diverse mixed-use
functions with the ability to develop over time
• Healing Environment: comforting, calm,
peaceful, coupled with a sense of quality of
life and care
• Space Sharing: community spaces that are
interactive, useful, and welcoming
• Respect for the Land: sustainable initiatives
and environmental excellence
• Community Involvement: explore ideas to
address housing, create areas for recreation
and outdoor activities
• Ease of Access: logical wayfinding
• Beyond Borders: connect to neighbors and
trails
• Collaborative Uses: community parks,
neighborhood uses, pedestrian and bike
friendly
• Employee Friendly: supportive of recruiting
and retention; best place to work and live
• Interconnected Pockets of Open Space:
memorable in a positive way; desire to stay or
return
• Family Oriented Considerations: include the
family during the healing process
• Parking Need Reduction Considerations:
garages, public transit, and transportation
alternatives
64
17PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
DESIGNING FOR SUSTAINABILITY
Creating a place for people to live, work, and
play today without compromising the livability
and livelihood of future generations is a guiding
principle of the Billings Clinic Bozeman Medical
Campus. To achieve this, the campus design will
consider sustainability through the lens of health,
energy, materials, and resiliency.
Design and Health: Working to advance the
health of the Bozeman community, the Billings
Clinic Bozeman Medical Campus will consider
the physical, mental, and emotional effects
of design elements to promote wellness and
healthy living. Guided by an evidenced-based
approach, these designs will intend to support
wellness by incorporating, where achievable,
views to nature with access to fresh air and
natural daylighting, as well as spaces for healing,
refuge, and interaction. Interior designs will
consider the use of natural materials, acoustic
strategies, biophilic elements, and calming color
palettes to provide a healthy and restorative
environment that positively impacts the user.
Throughout the campus, health and wellbeing
will be encouraged through the integration of
walking and biking paths with access to Cattail
Lake Park and the surrounding community, as
well as the consideration of healing gardens.
Energy: The Billings Clinic Bozeman Medical
Campus has a focus on energy-saving measures
in mind to reduce the campus’s dependence on
fossil fuels while seeking to improve comfort,
functionality, and enjoyment. Key considerations
to enhance building performance include the
use of LED lighting throughout the campus, the
use of natural daylighting and passive design
strategies where applicable, and high efficiency
MEP systems. In order promote responsible
energy usage within the campus, lighting
studies and energy models are tools utilized
to understand and develop sustainable design
strategies throughout the campus.
Materials: Advancing sustainability means the
consideration of materials within the design.
From improving air quality and human health
to reducing construction waste and promoting
sustainable sourcing, the materials specified
by designers can have a significant impact in
the sustainability of a project. At the Billings
Clinic Bozeman Medical Campus, significant
consideration shall be given to the materials
chosen throughout the campus. Locally sourced,
natural materials shall be given priority wherever
feasible within the design to reduce carbon
emissions, along with low-VOC products that
reduce or eliminate the emission of hazardous
substances throughout the construction process.
Resilience: Designing for resilience at the
Billings Clinic Bozeman Medical Campus,
involves considering evolving environmental,
social, and economic conditions at play within
the area. Therefore, considerations with native
vegetation selections, flexible and adaptable
architectural design, and durable products and
materials throughout the building to reduce
waste, conserve water, protect the surrounding
ecosystem, and promote healthy living for
generations to come.
65
18PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
PROJECT TIME FRAME AND
PHASING
This PUD anticipates a 20-year phased
development of the medical and mixed-use
campus. While initial phases will focus on the
medical uses to respond to current Bozeman
community needs, other supporting uses are
anticipated to follow in later phases over time
based on market demands.
The first phase, approved in 2020 and scheduled
to open in mid-2022, centers around a 130,000
square foot Ambulatory Destination Center on
approximately eight acres, including a three-
story building housing a multi-specialty physician
group practice, urgent care and an adjacent one-
story outpatient surgery center.
The next phases anticipated will further develop
the medical uses within the campus with
expanded ambulatory and inpatient facilities and
associated and ancillary medical uses anticipated
primarily in Zone D. Other supporting uses are
anticipated to follow over time in Zones A, B, E
and F over time based on market demands.
Roads, utilities, sidewalks and infrastructure will
be developed as needed to support each phase.
This PUD acknowledges that future phases will
be reviewed on an independent basis for City
approval and will follow the same process and
guidelines as Phase 1.
Review Process for Future Phases: While the
patterns for buildings, parking and blocks are
established with the Master Site Plan and will
be supported with the PUD; the final sizes, uses
and configurations of buildings and parking
will change and be developed in detail with
the needs of each phase over the course of
the 20-year planned development horizon.
We anticipate and acknowledge that while the
Concept and Preliminary PUD will govern the
overall 58-acre site, each individual phase of
development within the PUD area will require a
Final PUD and Site Plan Review prior to approval
for construction.
66
19PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP.
BILLINGS CLINICMEDIAL CAMPUS
MONUMENT SIGN, TYP.
BILLINGS CLINIC
MEDIAL CAMPUSMONUMENT SIGN,TYP.
BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP.
50' CREEK SETBACK
CLASS II TRAILPARK AND OPEN AREAS,
6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS)
100-YR FLOODPLAIN
NEIGHBORHOOD CENTER
(PARK OR CIVIC SPACE)
OPEN SPACEAMENITY AREA
AMBULATORY
CARE CENTER 1
AMBULATORYSERVICE CENTER
AMBULATORYCARE CENTER 2
INPATIENT
FACILITIES
PARKINGSTRUCTURE
PARKINGSTRUCTURE
HELIPAD
PROPERTY LINE
LIMIT OF PHASE 1 IMPROVEMENTS, TYP.
PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE)
EAS
T VA
L
LE
Y
CENTE
R
ROAD (GAT
EWA
Y
FR
O
N
T
AG
E)
DRIVE AISLE
DRIVE AISLEDRIVE AISLE0 50' 100' 200'
NORTH
ZONE
A
ZONE
C
ZONE
B
ZONE
D
ZONE
E
ZONE
F
PROPOSED USES
The 58 acre campus is divided into six areas:
1. Zones A & B: Mixed Use (Medical and Medical Support, Office,
Commercial, Retail and / or Residential) - approximately 6.2 Acres
2. Zones C & D: Medical, Medical Support and / or Medical Office - 23.6
Acres
3. Zones E & F: Mixed Use (Medical and Medical Support, Office,
Commercial, Retail and / or Residential) - 20.3 Acres
4. Open Space - approximatley 8 Acres
Figure 2. Use Zones Diagram
67
20PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
LAND USES
The development is envisioned as a pedestrian-
friendly mixed-use campus with a healthcare
focus. It will provide a mix of uses to allow for
nearby services and housing to support the
needs of staff, patients and families.
Residential Development: B-2 Zoning allows for
residential development. This PUD acknowledges
the desire of the community for residential
development. Billings Clinic has a commitment
to work with the community and City to find
housing solutions to address the residential
needs of the community. The proposed uses
allow for residential in Zones A, B, E and F.
Opportunities for residential uses will continue to
be evaluated as future phases develop in these
zones.
Billings Clinic has been in ongoing discussions
with developers and the school district in an
effort to develop partnerships for long-term
solutions for housing in this area.
SITE IMPROVEMENTS, BUILDINGS,
PARKING
By nature and necessity, medical facilities require
larger floorplates than many other uses such
as retail or commercial. They are designed to
provide critical services and adjacencies within
the building to support safe and effective
healthcare delivery. Both within the buildings and
on the site, access and circulation are designed to
intentionally separate patients, visitors, staff, and
service/support needs while providing an easily
understood, low-stress wayfinding system for all.
In order to provide a balance between the unique
design needs of the medical uses and the desired
urban block pattern that supports walkability, the
approved Master Site Plan illustrates the locations
of buildings and parking, public streets, private
drives, and pedestrian connections to create
a modified block pattern that both supports
walkable connections and the unique needs of
the medical facilities. This modified block pattern
facilitates the need for these larger, connected
buildings while providing connections at 400’-
600’ spacing where feasible with a combination
of standard streets, private access drives and
pedestrian connections.
68
21PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
Figure 3. Approved Infrastructure and Phasing Plan
Access and Connectivity: The Master Site Plan
and approved Infrastructure Plans outline the full
road connectivity planned for the campus. Primary
entry points are from approved access points in
each of the four directions: East Valley Center
Road on the north, North 27th Avenue on the
east, Warbler Way on the south, and Davis Lane
on the west. A public street is also indicated along
the south property boundary between Warbler
Way and North 27th Avenue along the alignment
of Honor Lane. One-half of the right-of-way will
be dedicated providing local street access along
this boundary.
Buildings and Parking: Conceptual locations for
buildings, parking, and circulation are indicated
on the Master Site Plan. Covered patient drop-off
areas are indicated at visitor entrances to medical
buildings. Emergency services, access to service
and loading areas, and staff parking areas are
separated from visitor parking areas.
In the mixed-use zones, a more traditional
building and block pattern is anticipated with
parking areas to the rear and side of street-facing
buildings.
69
22PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
Block Frontage: Block frontages for public
streets and private drives will follow the Mixed-
Use standard, which allows for either storefront
or landscaped frontage. Due to the functional
needs of the medical uses, the campus design
will request departures from the standards while
still meeting the intent of block frontage criteria.
The Community Design Framework Master Plan
illustrates the conceptual locations for buildings,
parking, streets and open space areas.
• To provide the best patient and visitor
experience, primary building entrances may
be set back from the street frontage. Clear
wayfinding will assist with entry identification.
• Weather protection will be provided at
primary entrances, both for protecting
people and as an identifier for the entrances.
• Where rear or side building façades face a
street, they will be articulated and detailed in
a manner that does not appear like the rear of
a building.
• Parking may be located on all sides of
buildings, due to the necessity of medical
facilities providing adequate parking
quantities and the need to disperse parking to
minimize walking distances.
• Parking lots and structures will be mitigated
with landscaping, setbacks from street
frontage, and include pedestrian walks.
• Pedestrian spaces and landscaping will be
designed between buildings and the street or
drive.
• Block frontage will be addressed with each
phase as building and road locations are
developed.
• All proposed block frontages will be subject to
design review and approval by the City.
Figure 4. Block frontage with pedestrian connections, screened parking, courtyards
between buildings, and parking adjacent to buildings.
70
23PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
Parking: B-2 Zoning allows for both surface parking
lots and structures for vehicular parking. For medical
uses, accessible parking and drop-off areas must
be located as close to primary building entrances
as possible. To achieve this a variety of parking
solutions will be offered. A goal of the campus build-
out is not to have extensive paved parking lots that
create an unwelcome experience.
• Parking options may include:
• Surface parking lots
• Structured parking
• On-street parking
Valet services will be offered for patients and
visitors at the medical facilities within the campus.
One or more transit stops will be provided to
support planned transit in this area.
Surface parking will be screened from adjacent
uses or streets with landscaped setbacks. Parking
lots will be designed with internal landscaping,
appropriate lighting, pedestrian walks, and
crosswalks. Accessible parking and routes will be
provided from parking to building entries.
Figure 5. Landscape screening between parking lot and adjacent uses.
Surface Parking Lot Berms (where feasible) increase the
effectiveness of planting screen
Walk Planting strip Street
71
24PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
OPEN SPACE NETWORK
This PUD supports the 2007 PROST plan and
envisions connecting to this regional system.
Open space will connect to the adjacent Cattail
Lake Park and open space network to the south
of the campus. A perimeter of open space
will allow for the design of multi-use paths to
welcome guests and provide transportation
options for the community. Upon final build-out,
open space and pedestrian connectivity will be
dispersed throughout the campus and provide
connections through the campus to adjacent
properties upon final build-out.
TRAILS, PARKS, AND OPEN SPACE
Trails and Shared Use Paths identified in the
Bozeman Parks, Recreation, Open Space and
Trails Plan (PROST) are incorporated into the
campus plan. A primary open space corridor
is planned along the west and southwest
boundaries providing connectivity to the Cattail
Creek and Cattail Lake areas. Trail mile marker
posts will be provided on select trails within the
open space areas where appropriate.
A Neighborhood Center (Park or Civic Space) is
indicated in the east portion of the campus to
support the mixed-use areas and to help meet
parkland requirements if residential uses occur.
Open space networks will provide access to
natural features and trail connections envisioned
in Bozeman’s Parks, Recreation, Open Space
and Trails Plan will extend through the campus
providing key connections and access to the
greater Gallatin Valley trail system.
Figure 6. Open space with multi-use trail, plants with year-round interest, and mile marker posts.
72
25PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
Figure 7. Open space network.
73
26PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Project Narrative
WAYFINDING STRATEGY
Wayfinding is an important element of campus
design. Billings Clinic’s operation of medical
campuses throughout the region, as well as the
experience of healthcare facilities nationwide,
demonstrate the importance of creating an area
that is easy to navigate in stressful situations.
Patients and visitors to a medical campus
need to be able to easily and conveniently
locate, identify, and find their way to the
various services offered. The multiple buildings
associated with a medical campus, the needs
and abilities of those seeking medical and
emergency services, and the diversification
of services offered within a medical campus
create a need for establishing clear and visible
wayfinding and informational signage. The
goals of the wayfinding approach are to help
keep consumers oriented and informed, and to
make the experience as positive and stress-free
as possible.
The Billings Clinic medical campus employs
a landmark-based wayfinding approach,
augmented with explicit, written information
(directional signs) where detail is needed.
BUILDING SIGNAGE HEIRARCHY
• Building Identification signage is positioned
for maximum visibility from Interstate 90 and
roadways surrounding the campus and is
integrated with the architectural design of the
building. “Billings Clinic” the health provider
name and logomark are positioned at the
top of the building (in the most prominent
location).
• Monument signage will be located at
primary entry points indicating availability of
emergency services.
• Vehicular and pedestrian directional signage
to buildings and services will be positioned
at decision-making points to help guide
consumers to specific buildings and services
(Hospital, Urgent Care, Surgery, Clinic, future
destinations, greenway trail paths, etc.)
• Identification of buildings and services
is reinforced at Building Entries where
illuminated letter signs are mounted to
the front of entry canopies for visibility to
consumers once they arrive on campus.
Material and colors complementary to the
architectural and landscape design will be
incorporated and carried through the entire
signage family. Consistent representation of the
Billings Clinic brand including typefaces, colors,
and treatment of logos will be followed.
74
PART IV
Performance Points & Relaxations
75
28PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Performance Points
The Billings Clinic Bozeman campus is seeking
to achieve a minimum of 20 of the required
Performance Points through the following
methods.
Additional Open Space: 16 points
1.25 points for each percentage of the project
that is provided as publicly accessible open
space and 1 point for each private open space.
Open space is a defining element of the campus
and is configured in a combination of public and
private outdoor spaces. It is anticipated that
approximately 8 acres will be provided, which
represents 13 percent of the total acreage. Health
care facilities desire greater open space areas
than many other development types, and it is
the expectation that the campus at build-out will
exceed the performance points.
The largest area of public open space will be
provided along the south and west portions of the
site providing public access to the regional trails,
Cattail Creek and Cattail Pond. In the east portion
of the PUD area, a public common area (park
or civic space) is anticipated as a neighborhood
center. Smaller public and private open space
areas will be distributed throughout the PUD areas
Item Notes Point
Estimate
Open Space Open space is a defining element of the campus and is configured in a
combination of public and private outdoor spaces.
16
Wayfinding Wayfinding is an important element of the campus design and a
complete wayfinding plan will be submitted with the preliminary PUD.
4
Bus Station or Enhanced Stop Bus station and/or sheltered bus stops will be provided.2
Total Possible Points 22
supporting the planned uses.
Wayfinding: 4 points
Wayfinding is an important element of the campus
design and a complete wayfinding plan will be
submitted with the preliminary PUD.
Bus Stop: 2 points
The provision for access to the campus for transit,
bicycles, and pedestrians is an important aspect of
the campus design. Sheltered bus stops, including
the opportunity to provide a bus transfer stop will
be incorporated into the campus design. One
point per station or enhanced stop.
76
29PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Relaxations
The following Relaxations to the
Bozeman Municipal Code are
requested.
1: BUILDING HEIGHT- 38.320.050
Billings Clinic requests the allowance to construct
buildings to the heights noted below (refer to
plan diagram on next page):
• Zone A, western Portion of Zone C and
entirety of Zone F: 88-feet and 6 stories
• Zone B, and Zone D: 135-feet and 8 stories
• Eastern portion of Zone C and entirety
of Zone E; no exceptions from table
38.320.050 requested
The standards included in Table 38.320.050 limit
structures to 75-ft (roof pitch of less than 3:12)
and 90-ft (roof pitch of 3:12 or greater) when
the zoning district is implementing a regional
commercial and services growth policy land use
designation. This relaxation allows for smaller
building footprints, operational efficiencies, land
use efficiencies, and building siting flexibility.
Additionally, buildings will be strategically sited
to preserve views from both within the campus
and surrounding properties.
The requested height modifications are
intended to achieve a higher density land use.
Achieving higher density may reduce long
range encroachment on agricultural lands and
open space and provides a more sustainable site
development. Height relaxations will improve
views for the patients and providers within the
facilities. Reducing the entry points into buildings
may improve security control and the ability to
control and monitor pedestrian flow.
All building designs will be subject to design
review and approval by the City.
Mitigation of this request includes:
1. Location of the highest buildings in sections
furthest removed from the interstate
corridor for views into the site and for an
open site plan.
2. The ability to achieve internal program
efficiencies and productivity improvements
due to the concentration of adjacencies
and the ability to share activities due to the
improved relationships between uses.
3. Taller building tower(s) will be setback where
possible from the lower floors to minimize
their visual impact. They will be strategically
sited to preserve view from both within the
campus and from surrounding properties.
4. Higher buildings will also be connected in a
manner to allow a sense of space between
them, including sky bridges and lowered
roof lines.
5. Building entries will focus on the pedestrian
scale, with building massing adjacent to
pedestrian and vehicular traffic kept at three
stories where possible.
Figure 10. Building Massing and Stacking example, illustrating courtyard and reduced vertical
scale at connection between larger structures.
77
30PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Relaxations
CLASS I TRAIL10' WIDE CONCRETE
25' TRAIL CORRIDOR
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP.
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP.
BILLINGS CLINIC
MEDIAL CAMPUSMONUMENT SIGN,TYP.
BILLINGS CLINIC MEDICAL
CAMPUS WAYFIND SIGN, TYP.
50' CREEK SETBACK
CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE
(CRUSHER FINES PATH WITHIN
WATERCOURSE SETBACK AREAS)
100-YR FLOODPLAIN
NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)
OPEN SPACEAMENITY AREA
AMBULATORY
CARE CENTER 1
AMBULATORYSERVICE CENTER
AMBULATORYCARE CENTER 2
INPATIENT
FACILITIES
PARKING
STRUCTURE
PARKINGSTRUCTURE
HELIPAD
PROPERTY LINE
LIMIT OF PHASE 1 IMPROVEMENTS, TYP.
PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE)
EA
ST
VALLE
Y
CENTER ROAD (GA
T
E
W
A
Y
FRONT
AG
E)
DRIVE AISLE
DRIVE AISLEDRIVE AISLE0 50' 100' 200'
NORTH
ZONE F
6 STORIES
ZONE C1
6 STORIES
ZONE A
6 STORIES
ZONE B
8 STORIES
ZONE D
8 STORIES
ZONE C2
3 STORIES
(No relaxation
requested)
ZONE E
3 STORIES
(No relaxation
requested)
Figure 11. Building Height Relaxations.
78
31PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Relaxations
Figure 12. Conceptual Massing and Stacking Studies.
79
32PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Relaxations
2: SIGNAGE - 38.560
The request for relaxation of the signage design
requirements of UDC 38.560.070 is intended to
promote the public safety, welfare, convenience,
enjoyment of travel, and free-flow of traffic within
the campus. Signage engineered for public
safety and convenience as well as pleasing
aesthetics will benefit the campus.
Because the campus is designed with multiple
buildings across several zones on the lot,
relaxation is requested from Section 38.560.060
– Signs Permitted Within the B-2 District, wherein
signage allowances are designated on a per lot
basis.
RELAXATIONS
• Monument maximum height be increased for
primary monument signage.
• Monument sign face area be increased for
primary monument signage.
Figure 13. Signage Family Concept
Sign face area is 45
Square Feet
80
33PUD Concept Plan - Billings Clinic Bozeman Medical Campus
Relaxations
CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP.
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP.
BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP.
BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP.
50' CREEK SETBACK
CLASS II TRAIL
PARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS)
100-YR FLOODPLAIN
NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)
OPEN SPACEAMENITY AREA
AMBULATORYCARE CENTER 1
AMBULATORY
SERVICE CENTER
AMBULATORY
CARE CENTER 2
INPATIENTFACILITIES
PARKINGSTRUCTURE
PARKINGSTRUCTURE
HELIPAD
PROPERTY LINE
LIMIT OF PHASE 1 IMPROVEMENTS, TYP.
PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE)
EAS
T VAL
L
E
Y
CEN
TER ROAD
(GA
T
E
W
A
Y
FRONTAGE)
DRIVE AISLE
DRIVE AISLEDRIVE AISLE0 50' 100' 200'
NORTH
PUBLIC STREET (MIXED USE FRONTAGE)
PRIVATE DRIVE (MIXED USE FRONTAGE)
LEGEND
ZONE
A
ZONE
C
ZONE
B ZONE
D
ZONE
E
ZONE
F
MONUMENT SIGN
DIRECTIONAL SIGN
RELAXATIONS
• Total signage square feet area as permitted
on a per lot basis under Section 38.560.060,
be designated by zone, to still comply with
allowed sign area per linear foot of building
frontage.
Figure 14. Sign allowance relaxation per zone
81
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 34
NEXT STEPS
Thank you for your review of the Concept
PUD documents for Billings Clinic Bozeman
Medical Campus. We are excited to continue
our collaboration with the City of Bozeman and
the nearby neighborhoods to provide high-
quality and compassionate healthcare services
integrated into this growing and vibrant part of
the north Bozeman community.
We look forward to receipt of your comments
to help direct our team for the Preliminary PUD
preparations.
82
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 4
Lot 2A-1, Minor Subdivision 221F
83
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 5
Mitchell T Goplen (Dec 2, 2021 20:32 MST)
Mitchell T Goplen
Mitchell T Goplen (Dec 2, 2021 20:32 MST)
Mitchell T Goplen
Mitchell T Goplen
Mitchell T Goplen
84
PUD Concept Plan - Billings Clinic Bozeman Medical Campus 6
85
BHA Design Incorporated
1603 Oakridge Drive Suite 100
Fort Collins, CO 80525
Page 1 of 3 voice: 970.223.7577
fax: 970.223.1827
landscape architecture | planning | urban design www.bhadesign.com
February 22, 2022
to: Susana Montana, Senior Planner
Bozeman Community Development
RE: MEMORANDUM in response to Concept PUD (PUDC) comments received
Dear Susana,
Thank you for the comments and direction from city staff on the Billings Clinic Bozeman
Medical Campus Concept PUD (PUDC) Application. As we prepare for the upcoming
meeting on March 7 with the Community Development Board, we would like to share our
responses to the comments received. Your comments and those we receive from the Board
on March 7 will help to guide our Preliminary PUD application materials for the campus.
Here is a summary of our responses:
· Preliminary PUD Submittal Materials – We plan to follow the Bozeman Municipal
Code (BMC) requirements and criteria for PUD applications. Our intent is to submit
a PUD that would allow for multiple phases - which will include a Master Plan
(similar to our approved Master Site Plan) along with Development Guidelines to
guide future phases.
· Residential Uses – As a key employer, Billings Clinic shares your need for housing in
Bozeman and the Gallatin Valley to attract and retain employees. Billings Clinic’s
vision for the 58-acre parcel is to establish a long-term framework for a medical
campus to support the community. Our master plan is intended to provide for both
a cohesive campus character for Billings Clinic, but also to allow for flexibility of
uses within the campus. We are requesting that residential uses be allowed within
our PUD to give us the flexibility to support this important need for the community
and for the Clinic. Billings Clinic has engaged in many conversations with
developers to explore options for housing in the area and will continue to pursue
and support opportunities for housing either within the campus or in nearby areas.
· Medical Uses – This is planned as a medical campus. We envision in-patient and
out-patient medical uses and a variety of medical support services to be allowed so
Billings Clinic can have the flexibility and adaptability to support the changing
medical needs for Bozeman and the surrounding communities.
· Block Frontage standards, locations of buildings, parking and public building
entrances – The BMC Mixed-Use frontage standards support walkable streetfronts
with building storefronts facing the street and parking to the side and rear of
86
BHA Design Incorporated
1603 Oakridge Drive Suite 100
Fort Collins, CO 80525
Page 2 of 3 voice: 970.223.7577
fax: 970.223.1827
landscape architecture | planning | urban design www.bhadesign.com
buildings. These specific standards within the code are generally geared toward
development of individual lots and did not envision the development of a large
medical campus. Billings Clinic is in full alignment with the intent of these
standards. As we plan for a variety of healthcare services in a medical campus, we
would like to collaborate on those requirements as they relate to larger medical
facilities. These uses generally require:
o larger, connected buildings to provide integrated care
o patient building entrances set back from the street to allow for covered
drop-offs and nearby accessible parking to accommodate patients
o separation of patient/visitor/staff/service/emergency uses and access
points for patient and staff safety
o parking distributed around all sides of buildings to access these multiple
building entrances for clear and direct patient access
While these goals and needs can conflict, our Master Site Plan illustrates how we
intend to balance the unique needs of medical facilities within a walkable,
pedestrian-friendly campus. It indicates how we can achieve mixed-use frontages
with both public streets and private drives along with a network of pedestrian
connections. With our Preliminary PUD, we plan to request specific relaxations to
reduce the number of changes that might be anticipated as the campus is
developed over time.
· Mixed-use parking structures – The Bozeman code requires that any parking
structure have retail-type uses on the first floor. We may have the need for a
parking structure to serve medical facilities within the campus where retail uses
would not be appropriate. As a result, we intend to request a relaxation from this
requirement so we can provide parking structures that best serve the medical uses.
· Building Height – Although the BMC allows up to 90’ tall buildings (for pitched roof
buildngs) in the B-2 zone, we intend to request relaxations to the building height to
indicate the likely location of taller buildings anticipated for the medical campus.
Multi-story medical facilities require a taller floor-to-floor height than other uses
and would not likely have a pitched roof. So with the lower 75’ maximum height
restriction for flat roof buildings, we could exceed this height with a multi-story in-
patient building for example. We will work with staff to clarify this request in the
Preliminary PUD either by height or by stories, and by area within the campus if
appropriate.
· Signs – We are planning a wayfinding sign system for the medical campus to
support the unique needs to identify emergency services, and to create a hierarchy
of signs to lead patients and visitors to their destinations within the campus. Our
entire Bozeman Medical campus is a single lot. Since the city’s sign regulations are
based on a per lot basis, which does not envision the requirements of a multi-
87
BHA Design Incorporated
1603 Oakridge Drive Suite 100
Fort Collins, CO 80525
Page 3 of 3 voice: 970.223.7577
fax: 970.223.1827
landscape architecture | planning | urban design www.bhadesign.com
building campus on a single lot. As a result, we plan to share our wayfinding sign
system in the Preliminary PUD and establish the standards for signs on a ‘per zone’
or ‘per building’ basis rather than a ‘per lot’ basis. This will help identify and clarify
the relaxations that would be needed. The two we anticipate are sign height and
sign allowance.
o Allowance: Since the entire campus is a single lot, and the BMC sign
allowance is on a per-lot basis, we know we will exceed this allowance.
o Sign height: Our planned sign family includes Primary Monument Signs at
key campus entrances. We feel these key signs would be appropriate at a
taller height than BMC currently allows.
We look forward to any additional comments or direction you may have to help us prepare
for the Preliminary PUD submittal.
Sincerely,
Angela K. Milewski
BHA Design, Inc.
88
Memorandum
REPORT TO:Community Development Board acting as the Design Review
Board
FROM:Susana Montana, Senior Planner
Brian Krueger, Manager, Development Review Division
Anna Bentley, AICP, Interim Director of Community
Development
SUBJECT:Billings Clinic Bozeman Medical Campus Planned Unit
Development (PUD) Concept Plan,Application 21471
MEETING DATE:March 7, 2022
RECOMMENDATION:Seeking comments and recommendations on the Concept PUD
to assist the Applicant in the preparation of the Preliminary PUD
submittal.
STRATEGICPLAN: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 walkableneighborhoods.
BACKGROUND:The Department of Community Development received aPre-
application PUD submittal in December 27, 2921 for the 58-
acre medical service “campus” at the northeast edge of the
City to request relaxations to building heights, signage, block
frontage standards, block size and residential use in the B-2-
zoned Site. The campus has an adopted Master Site Plan and
an approved Phase 1 site plan for the medical office building
currently under construction.
UNRESOLVEDISSUES:Staff supports the requested relaxations for building heights,
signage, block size and residential use but does not support
the block frontage relaxations without further clarifications
and limitations proposed for the Preliminary PUD.
ALTERNATIVES:As identified in staffreport.
FISCALEFFECTS:Fiscal impacts are undetermined at this time, but will include
increased property tax revenues from new development,
along with increased costs to deliver municipal services to the
property. Impact fees will be collected at the time of issuance
of building permits for individual developments along with
City sewer and water connectionfees.
89
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:Annexation and initial zoning application 21409 requesting annexation of
97.26 acres and amendment to the City Zoning Map for the establishment of
a zoning designation of B-2M (Community Business-Mixed District) on 50.4
acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 acres.
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21409 and move to recommend
approval of the West University Properties 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 applicant and property owners seek to annex 97.26 acres including
adjacent rights-of-way into the City limits and establish an initial zoning of B-
2M and REMU (Residential Emphasis Mixed-Use District); 50.4 and 48.13
acres respectfully. The property is currently zoned “Agriculture Suburban”
(AS) within the County administered Gallatin County Bozeman Area Zoning
District (the Donut).
The property is bounded by Stucky Road to the south, South 19th Avenue to
the east, MSU property to the west, severing a direct connection to the
future extension of Kagy Boulevard to the future extension of South 27th
Avenue. Other developed properties bound the northeast edge of the
property. The property is vacant of structures.
Considerable development is occurring in the vicinity including the Gran
Cielo subdivision, Nexus Point residential development, the Graf Street
development, the Bennett Annexation property, and the Kagy Crossroads
apartment complex to the east to name a few.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Community Commercial Mixed Use” which
90
includes the B-2M and REMU districts as an implementing zoning district.
To the south and across Stucky Road are unannexed properties including
Grace Bible Church, Genesis Business Park, and the Bennett annexation
properties (currently undergoing annexation review). To the west and north
of the property is a strip of MSU property purchased from the Aaker family
in 1987 to create buffer from City expansion towards agricultural lands and
gaining influence over development of South 27th Avenue. Nearby municipal
zoning to the east including R-4 and B-2 zoning.
Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified
as a Collector street according to the Greater Bozeman Area Transportation
Plan, 2017 Update. The proposed annexation requires right-of-way to
accommodate expansion of Stucky Road to meet community transportation
needs and the extension of Kagy Boulevard.
UNRESOLVED ISSUES:There are no unresolved issues at this time.
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.
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:
21409 West Uni Annx-ZMA CC SR.pdf
Report compiled on: March 3, 2022
91
Page 1 of 44
21409 Staff Report for the West University Annexation and Zone Map
Amendment
Public Hearing: Community Development Board (acting in their capacity as the Zoning
Commission) meeting is on March 7, 2022
City Commission meeting is on March 22, 2022
Project Description: Annexation and initial zoning application 21409 requesting annexation
of 97.26 acres and amendment to the City Zoning Map for the establishment of a
zoning designation of B-2M (Community Business-Mixed District) on 50.4 acres and
REMU (Residential Emphasis Mixed-Use District) on 48.13 acres.
Project Location: On the northwest corner of South 19th Avenue and Stucky Road, legally
described as Tract of Land Described as Lot 2A of Minor Subdivision No. 191B,
Excepting out Lot 1A of Minor Subdivision 503A, located in Southeast One Quarter
of Section 14, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin
County, Montana.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 21409 and move to
recommend approval of the West University Properties Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation 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 21409 and move
to approve the West University Properties Annexation.
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 21409 and move to approve the West University
Properties Zone Map Amendment.
Report Date: March 3, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
92
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 2 of 44
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex 97.26 acres including adjacent rights-of-way
into the City limits and establish an initial zoning of B-2M and REMU (Residential Emphasis
Mixed-Use District); 50.4 and 48.13 acres respectfully. The property is currently zoned
“Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area
Zoning District (the Donut).
The property is bounded by Stucky Road to the south, South 19th Avenue to the east, MSU
property to the west, severing a direct connection to the future extension of Kagy Boulevard
to the future extension of South 27th Avenue. Other developed properties bound the northeast
edge of the property. The property is vacant of structures.
Considerable development is occurring in the vicinity including the Gran Cielo subdivision,
Nexus Point residential development, the Graf Street development, the Bennett Annexation
property, and the Kagy Crossroads apartment complex to the east to name a few.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Community Commercial Mixed Use” which includes the B-2M and REMU
districts as an implementing zoning district.
To the south and across Stucky Road are unannexed properties including Grace Bible Church,
Genesis Business Park, and the Bennett annexation properties (currently undergoing
annexation review). To the west and north of the property is a strip of MSU property purchased
from the Aaker family in 1987 to create buffer from City expansion towards agricultural lands
and gaining influence over development of South 27th Avenue. Nearby municipal zoning to
the east including R-4 and B-2 zoning.
Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified as a Collector
street according to the Greater Bozeman Area Transportation Plan, 2017 Update. The proposed
annexation requires right-of-way to accommodate expansion of Stucky Road to meet
community transportation needs and the extension of Kagy Boulevard.
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
93
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 3 of 44
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.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1
Community Development (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.
City Commission Alternatives
1. Approve the application and associated resolution and 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.
94
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 4 of 44
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 10
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 16
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 16
Annexation ........................................................................................................................ 16
Zone Map Amendment ..................................................................................................... 17
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 17
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 25
Spot Zoning Criteria ......................................................................................................... 38
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 39
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 40
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 40
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44
FISCAL EFFECTS ................................................................................................................. 44
ATTACHMENTS ................................................................................................................... 44
95
Page 5 of 44
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
96
Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 6 of 44
Map 2: BCP 2020 Future Land Use Map
97
Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 7 of 44
Map 3: Existing City Zoning
98
Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 8 of 44
Map 4: MSU Framework Plan: Districts Map
99
Staff Report for the West University Properties Annexation and Zone Map Amendment, Application 21409 Page 9 of 44
Map 5: MSU Transportation Master Plan
100
Page 10 of 44
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. Naming Term. The documents and exhibits to formally annex the subject property must
be identified as the West University Annexation.
2. Map Format Term. An Annexation Map, titled West University 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 as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers
Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. Timing Term. 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.
4. Impact Fee Notice Term. The land owners 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.
5. SID Waiver Term Header. If they do not already exist 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 (SIDs) for the following:
a. Street improvements to West Lincoln Street between South 19th Avenue and
Fowler including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to West Kagy Blvd between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
c. Street improvements to West Stucky Road between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
d. Street improvements to West Graf Street between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
e. Street improvements to South 19th Road between West Lincoln Street and West
Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and
101
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 11 of 44
storm drainage.
f. Street improvements to South 27th Street between West Lincoln Street and West
Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
g. Street improvements to South Fowler between West Lincoln Street and West Graf
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at West Lincoln Street and South 19th Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
i. Intersection improvements at West Lincoln Street and South 27th Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
j. Intersection improvements at West Lincoln Street and South Fowler Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
k. Intersection improvements at West Kagy Blvd and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
l. Intersection improvements at West Kagy Blvd and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
m. Intersection improvements at West Kagy Blvd and South Fowler Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
n. Intersection improvements at Stucky Road and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
o. Intersection improvements at Stucky Road and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
p. Intersection improvements at Stucky Road and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
q. Intersection improvements at West Graf Street and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
r. Intersection improvements at West Graf Street and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
s. Intersection improvements at West Graf Street and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
102
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 12 of 44
t. SID waiver 3 - Alternate Financing Term. The document filed must specify that in
the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion
of the improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The applicant must provide a copy of the
SID waiver in conjunction with the Annexation Agreement.
u. SID waiver template term. The applicant may obtain a copy of the template SID
waiver from the City Engineering Department. The document filed must specify
that in the event an SID is not utilized for the completion of these improvements,
the applicant 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. The applicant must provide a
copy of the SID waiver filed with the County Clerk and Recorder prior to
annexation.
6. Notice Term Header. The Annexation Agreement must include the following notices:
a. Notice Term "a" Storm Water Master Plan. The Annexation Agreement must
include notice that, prior to development, the applicant will be responsible for
preparing a storm water master plan in conjunction with future development. The
storm water master plan shall address maintenance and operations until and unless
the City affirmatively assumes responsibility for maintenance and operations of
stormwater facilities within the area of the annexation.
b. Notice Term "b" Extent of Service. The Annexation Agreement must include notice
the City will, upon annexation, make available to the Property existing City services
only to the extent currently available, or as provided in the Agreement.
c. Notice Term "c" Water Rights. The Annexation Agreement must include notice
that, prior to future final development approval, the applicant will be responsible
for transfer of water rights or a payment in lieu as required by the Bozeman
Municipal Code.
d. Notice Term "d" Verification of Municipal Service. The Annexation Agreement
must include notice that there is no right, either granted or implied, for Landowner
to further develop any of the Property until it is verified by the City that the
necessary municipal services are available to the property.
e. Notice Term "e" Municipal Service Installation. The Annexation Agreement must
include notice that, prior to development, the applicant will be responsible for
installing any facilities required to provide full municipal services to the properties
in accordance with the City of Bozeman's infrastructure master plans and all City
policies that may be in effect at the time of development.
f. Notice Term "f" Utility Easements. The Annexation Agreement must include notice
that utility easements may be required to be provided by the landowner at the time
103
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 13 of 44
of development to ensure necessary municipal services are available to the
property.
g. Notice Term "assessments. The agreement must include notice that charges and
assessments may be required after completion of annexation to ensure necessary
municipal services are available to the property.
h. Notice Term "h" Impact Fees. The Annexation Agreement must include notice that
the City will assess system development and impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
i. Notice Term "I" Impact Fees. All procedural terms necessary to establish the
Annexation Agreement in conformance with state law and municipal practice will
be included with the final Annexation Agreement.
7. Municipal Connection Term. The Annexation Agreement must include notice that the
applicant must connect to municipal services and will be responsible for installing any
facilities required to provide full municipal services to the property in accordance with
city policy at the time of connection.
8. CIL of Water Term. The applicant must contact the City’s Engineering Department to
obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to the adoption of Resolution of Annexation, if
applicable.
9. West Kagy Blvd is classified as a Principal Arterial in the Bozeman Transportation
Master Plan (TMP), which has a minimum right-of-way ROW width of (120) feet. The
applicant must provide their respective Fowler Lane ROW section from the centerline
of the existing ROW or the entire section (if the street section resides within the
proposed annexation area) as a public street and utility easement where Fowler is
adjacent prior to the adoption of Resolution of Annexation.
10. West Stucky Road is classified as a Collector in the Bozeman Transportation Master
Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant
must provide their respective Fowler Lane ROW section from the centerline of the
existing ROW or the entire section (if the street section resides within the proposed
annexation area) as a public street and utility easement where Fowler is adjacent prior
to the adoption of Resolution of Annexation.
ENGINEERING ADVISORY COMMENTS:
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal
High Groundwater - The subject project is located in an area that is known to have
seasonally high groundwater. The applicant must confirm seasonal high groundwater
elevations, and seasonal high groundwater data must be measured and submitted with any
future development application on the parcel. Due to the seasonal nature of SHGWL
measurements, the applicant is advised to begin groundwater measurements in the winter
and continue measuring through July. Measurements must be at sufficient intervals to
104
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 14 of 44
define the SHGWL across the site. Industry guidance recommends a three-foot minimum
separation from the bottom of a stormwater facility to the underlying groundwater table.
The applicant is advised that future development may be subject to limitations or
restrictions based on seasonal high groundwater elevations.
Payback District
1. The subject property is located within the Meadow Creek Subdivision payback district
boundary for sewer and signal improvements. The applicant is advised that the payback
must be paid at the time of future subdivision or site plan development approval.
Water
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer
systems – In conjunction with streets construction - The City’s Water Facility Plan
identified the need for a water transmission main (CIP Reference FP_1371: 16-inch water
main New Growth and Development) directly adjacent to the subject property in Stucky
Road to service future development.
Water infrastructure improvements will be reviewed with future development applications.
The identified water capital planning improvements must be designed in coordination with
any future Stucky Road improvements adjacent to the subject property.
The applicant is advised that the capital Improvements identified within the facility plans
must be located within City ROW, a public street and utility easement, or a water and sewer
easement.
2. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property is
located in the City’s main pressure zone (Sourdough Zone). Water pressures around the
subject property vary from 67 to 86 psi. Upon future development, the water distribution
system must be designed to meet the requirements outlined in the City of Bozeman Design
Standards and Specifications Policy. Additionally, all water system improvements must
also be designed and installed in accordance with the Montana Department of
Environmental Quality Circular 1; Montana Public Works Standards and Specifications
(MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water
Facility Plan.
Wastewater
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer
systems - The subject property is located within two identified wastewater drainage basin’s
(Farmers Canal and Cattail Creek). The applicant is advised that the City does not allow
wastewater basin jumps, as such to preserve the allotted capacity as identified within the
City’s adopted wastewater facility plan.
Upon future development, the applicant is advised that future sanitary sewer flows must
flow by gravity into the collection system as defined in the City Wastewater Facility Plan,
and that use of private lift stations will not be permitted. The applicant is advised that the
City’s wastewater facility plan requires a new 8-inch sewer main extension between Stucky
Road and West Lincoln Street to serve development that resides within the Cattail Creek
105
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 15 of 44
Drainage Basin, as identified in the City’s wastewater facility plan (Capital Improvement
Plan (CIP) Reference 9424: 8-inch Main Extension Cattail Creek Basin.
The identified wastewater capital planning improvements must be designed in coordination
with any future subdivision improvements. Sanitary sewer infrastructure improvements
will be reviewed with future development applications. The applicant is advised to work
with the City’s engineering department on the alignment and layout prior to future
subdivision or site plan applications.
The applicant is advised that the capital Improvements identified within the facility plans
must be located within City ROW, a public street and utility easement, or a water and sewer
easement.
2. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – Upon future
development, the applicant must provide an estimate of the peak-hour sanitary sewer
demands, certified by a professional engineer, for the proposed project. The City will
analyze and determine if sewer capacity is available to accommodate the project. The
applicant is advised that sewer capacity is allocated on a first come first serve basis and is
not entitled until preliminary plat or site plan approval.
Transportation
1. BMC 38.400.010 Streets (A) (1) – Upon future development, Stucky Road must be fully
constructed adjacent to the subject property to the City’s Collector Standard as defined in
the City’s Transportation Master Plan. Any required right-of-way (ROW) or public street
and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
2. BMC 38.400.010 Streets (A) (1) – Upon future development, Kagy Blvd must be fully
constructed adjacent to the subject property to the City’s Principal Arterial Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or
public street and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
3. BMC 38.400.010 Streets (A) (1) – Upon future development, South 19th Ave must be fully
constructed adjacent to the subject property to the City’s Principal Arterial Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or
public street and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
4. BMC 38.400.010 Streets (A) (8) – Upon future development, to facilitate traffic
movement, the provision of emergency services and the placement of utility easements, all
developments must be provided with a second means of access.
5. BMC 38.410.040 Blocks – Upon future development, the applicant must construct an
appropriate local street grid through the property that meets block length requirements.
106
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 16 of 44
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “West University Annexation Zone Map
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized 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 shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “West University
Annexation Zone Map Amendment 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.
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 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time.
The City Commission will hold a public meeting on the annexation on March 22, 2022. The
meeting will begin at 6 p.m. The meeting will be conducted in person or through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
107
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 17 of 44
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The 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 21409.
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 the Zoning Commission will
hold a public hearing on this ZMA on March 7, 2022 and will forward a recommendation to
the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on March 22,
2022. The meeting will begin at 6 p.m. The meeting will be conducted in person or through
WebEx. Instructions on joining the meeting will be included on the meeting agenda.
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 the north, west,
and east sides.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Neutral. The subject property is not surrounded in its entirety but is bordered by the city with
over 70 percent of its boundary adjacent to existing City limits.
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 Met. No city services are currently contracted on the property.
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
108
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 18 of 44
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 within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Community
Commercial Mixed Use and is within the urban area of the growth policy. See the discussion
under Criterion A of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill in a significant portion of a designated mixed-
use at the terminus of Kagy Boulevard and at the corner of a two primary transportation
corridors of South 19th Avenue and Stucky Road, designated Principal Arterial and Collector
streets respectfully.
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 Met. The subject property will capture the right of way for the extension of West
Kagy Boulevard west to MSU property to the west and Stucky Road on the southern edge of
the property. Kagy Boulevard is a designated Principal Arterial Stucky Road is a Collector
according to the Bozeman Area Transportation Plan, 2017 update.
The University of Montana Long range Campus Development Plan (LRCDP) lists West Kagy
Boulevard is a critical connection for western expansion for the University. Furthermore, the
MSU Long range Transportation Master Plan shows an extension of Kagy Boulevard within
their planning area extending to the future extension of Ferguson Avenue.
109
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 19 of 44
MSU LRCDP: Districts & Neighborhoods Map
MSU Transportation Plan; Vehicular Recommendations
110
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 20 of 44
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 97.26 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 8. The landowner will consent to
this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. An existing 21 inch sewer main is installed in Stucky Road, an
18 inch is located in Wet Lincoln Street, and additional 8 inch main is in the Remington
Apartments development directly to the east. Additional water and sewer lines needed to
service development on site will addressed with subsequent review process. Any future
development will be required to connect to the City systems.
Per Term of Annexation 6, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
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
111
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 21 of 44
of special or improvement districts necessary to provide the essential services for future
development of the City.
Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for
both South 27th Avenue to the west and Stucky Roads to the north. The Recommended Terms
of Annexation include requirements for these right of way provisions. See Terms of
Annexation 9 and 10.
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 subject property is planned for Community Commercial Mixed Use. No
change to the growth policy is required. The application includes a request for initial zoning of
B-2M and REMU. See the zone map amendment section of this report for analysis of the zone
map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment Criterion
A.
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.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on March 7, 2022. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on March 22, 2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of B-2M, Community
Business District-Mixed district and REMU, Residential Emphasis Mixed Use district. 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. The appropriate application processing and review fees accompanied the
application.
112
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 22 of 44
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. The subject property is accessed by an extension of Kagy Boulevard, Remington
Way, and South 19th to the east, and Stucky Road on the south.
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 property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 8 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject property.
Numerous sewer mains are installed in adjacent ROW as noted in goal 10 above. Any future
development will be required to connect to the City systems. The property is located adjacent
to existing urban development that is currently served by Bozeman Fire.
Per Term of Annexation 6 and 7, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
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
113
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 23 of 44
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. No services are currently being provided on the subject property.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
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.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees 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.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. Suggested terms of annexation include a notice that the agreement, once
prepared and provided to the applicant, must be signed and retuned within the stated time
period. This policy will be implemented only if the Commission acts to grant approval. If the
application is denied then no annexation agreement will be necessary.
114
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 24 of 44
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application. Future
transportation network improvements will be required upon development.
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 and provided copies 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. Term of annexation 6 and 7 requires full compliance with this policy. The
existing residential structures utilized the emergency connection option in conjunction with
this application to provide sewer service. No additional service are currently being contracted.
If approved, the all septic systems and water use for human consumption will be severed and
abandoned and connection to the City water and sewer system will be completed. Finally, all
future development will be required to connect to city services.
115
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 25 of 44
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.
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 (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.
The applicant is proposing two different zoning districts on the property; B-2M and REMU.
Both districts implement the Future Land Use designation of the Bozeman Community Plan
2020. The map below is a clipped portion from the applicant submittal showing the zoning
configuration.
116
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 26 of 44
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 is within 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 Community Commercial Mixed Use. The Community Commercial Mixed Use designation
description reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
117
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 27 of 44
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
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, both REMU and B-2M districts are implementing district of
the Community Commercial Mixed-Use category.
118
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 28 of 44
The applicant is requesting a mix of B-2M and REMU for the property, which is classified as
a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The
placement of the districts supports the tenant of the BCP2020 by modulating intensities of use
by the context of the area. In this case, the more intense zoning district, B-2M is being located
near existing major transportation corridors of South 19th and Stucky Road and at the extension
of Kagy Boulevards. Further west the REMU district is proposed which will be supportive of
the greater residential use typically found in REMU development and this area is adjacent to
MSU research property.
The intent and purpose of the REMU district is to establish areas within Bozeman that are
mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. These
purposes are accomplished by a variety of objectives as detailed in Appendix B in this report.
In other words it is a very permissive zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Ten principles are listed under Basic Planning Precepts of the Plan. First, the precept
that urban design should integrate in residential and commercial land use activities, multimodal
transportation, and open spaces is supported by the REMU district implementation strategies
#5. Secondly, precept that a variety in housing and employment opportunities are essential is
supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur
relatively close to one another. This precept is supported by implementation strategy #2, 3, 4
119
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 29 of 44
and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient,
and sustainable community by incorporating a holistic approach to the design, construction,
and operation of buildings, neighborhoods, and the City as a whole. Developments should
contribute to these goals and be integrated into their neighborhood and the larger community.
This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional
harmonious synergies are apparent but overall, the REMU district furthers the City’s effort to
develop in an urban form to support existing educational systems, economies, and
neighborhoods.
The B-2M district desires to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. This district provides for a range of
commercial uses that serve both the immediate area and the broader trade area and encourages
the integration of multi-household residential as a secondary use. 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. In other
words, the proposed location of this district supports its intent.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
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
120
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 30 of 44
Commission declines the annexation then the requested B-2M and REMU 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.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the west, south, and southeast
with over 4,500 lineal feet adjacent to existing City limits. It adds approximately 34 acres to
the City limits that is available for urban development while creating a more consistent city
border.
121
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 31 of 44
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Therefore, based on the aforementioned analysis, the proposed REMU and B-2m zoning
districts are promotive of the BCP 2020.
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with City
emergency services including police, fire and ambulance. Future development of 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 no obstacles
have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the BCP 2020. Public health and safety will be
positively affected by requiring the two existing homes and new development to connect to
municipal sanitary sewer and water systems, which will prevent groundwater pollution and
depletion by wells and septic systems.
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. The annexation and development of this site will facilitate
expansion of the non-motorized travel network with placement of a multi-use trail along water
course. Presence of the trail will facilitate non-motorized travel and recreational activities
supportive of personal health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. 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.
122
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 32 of 44
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.”
See also comments under Criterion C.
E. Reasonable provision of adequate light and air.
Criterion Met. The B-2M and REMU zoning designations have requirements for setbacks,
height, and lot coverage which provide for the reasonable provision of adequate light and air.
Any future development of the property will be required to conform to City standards for
setbacks, height, lot coverage, and buffering.
The 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 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.
The site has wetlands running through the northern portion of the property. The City requires
protection of wetlands. This requirement applies to all zoning districts. This will support
additional light and air beyond what would otherwise be applicable on the site.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which will
include improvements along Stucky Road, extension of Remington, and the extension of Kagy
Boulevard in addition to internal streets required to serve the development.
123
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 33 of 44
In addition, the City’s proposed trails plan includes a future trail along the watercourse.
Additional offsite improvements to mitigate safety concerns to connect to the greater
transportation system such as Stucky Road, multi-modal crossing facilities for South 19th
Avenue, assuming a nexus, future development will be required to provide these improvements
which will enhance the city’s motorized and non-motorized transportation systems.
Due to the size and configuration of the property the Walk Score varies depending on where
you request the date. On the north east side the score is 21 although marginally bikeable with
a bike score of 55. On the south side the score dips to 6 and the west edge cause the Walk
Score system to produce an error and gives a no walk score whatsoever.
Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk
Score® the walks score measures the walkability of any address based on the distance to
nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the B-2M and the REMU is to establish areas within
Bozeman that are mixed-use in character and to provide options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. The desire to encourage the area to develop as allowed by both the REMU
and the B-2M zoning was established for many years through the adoption of the 2009
Community Plan and designating this area as Community Commercial Mixed Use.
Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
124
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 34 of 44
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and future commercial.
Creating a more dense residential development with commercial services adjacent to primary
transportation corridoes, educational facilities, and close proximity to other districts in the city
create compatible urban growth. In addition, the proposed zoning is in accordance with the
Bozeman Community Plan’s future land use designation of Community Commercial Mixed
Use.
H. Character of the district.
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 Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The 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 designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
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 agricultural character of the subject property. 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
125
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 35 of 44
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77 of
the Bozeman Community Plan 2020.
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-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the evolving character of the area. As underdeveloped site, describing the character of
the site is problematic. However, as noted in this report, we rely on the intent of the area as
described in BCP2020 and the proposed zoning districts. The intent of the B-2M district is
aligned with the intent of the future land designation by the description that accommodates
substantial growth and enhances the character of the city, provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the
integration of multi-household residential as a secondary use. In addition, adopted 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 proposed REMU zoning promotes the character of the district as the intent of the
Residential Emphasis Mixed-use District is to:
“…establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood.” Described in Appendix B
below the district employs nine aspirational statements to encourage developers to
design and construct developments that meet the intent and purpose of the district.
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
126
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 36 of 44
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
127
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 37 of 44
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types
With such a broad intent and purpose statement is difficult to find the B-2M or the REMU
district would not be promotive of a districts character. However, other residential zoning
districts allow the same residential structure types and densities as the REMU district. The
REMU district allows great latitude for large scale commercial use as described in Table
38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is
no restrictions to convenience uses, offices, general service use, short term rentals, although
hotels are limited to 40,000 square feet.
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
B-2M and REMU envisions. The site is well located in relation to utilities and transportation.
Proximity of housing to significant services and employment is encouraged in the growth
policy. The proposed zoning designations are suitable for the property’s location and adjacent
uses.
J. Conserving the value of buildings.
Neutral. Although there are no structures on the subject property future development will
influence properties nearby. Considerable new development has and is planned to occur nearby
with the exception of the Genesis Business Park to the south. Development of the site will
likely increase building values in the area, including the County inholding, by adding
additional demand for goods and services, connecting and completing the transportation
network, and through the minimum standards of the B-2M and REMU districts.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU and B-2M zoning designations will encourage the most
appropriate use of land as the property is adjacent to both residential and commercial uses.
There is access to the city’s services, including streets, thus is able to support a higher intensity
of uses as allowed within the REMU and B-2M zoning districts. Furthermore, the proposed
128
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 38 of 44
REMU zoning designation is consistent with the BCP 2020 future land use map designation
of “Community Commercial Mixed Use”.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. While the proposed use is not an exact match in type or intensity of the adjacent land uses,
it is not significantly different from the uses. To the south is an existing business park
commercial area that includes a variety of uses that are permitted by the proposed zoning
districts in this application. Directly adjacent to this property are other properties zoned B-2M,
REMU, and high density residential areas. To the north and west are State of Montana
properties part of the land grant system of Montana State University. As illustrated in the maps
in Section 1 of this report MSU shows the areas adjacent to the subject property earmarked for
additional educational services and residential development in the future.
Considerable amount of adjacent land are zoned B-2M and REMU with more REMU area
being reviewed by the City directly to the south of the subject property. Although there are
areas with different zoning the proposed intensity falls within the range of adjacent properties
land uses of suburban office, medium to high density residential, and designated commercial
areas with primary transportation corridors bounding the property. As discussed in Criterion
A above, the B-2M and REMU zoning is consistent with the adopted growth policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with the proposed
annexation of the property. While the City supports and encourages multiparty annexation
applications, they are not required, thus single owner petition annexation requests are the most
frequently seen. The amendment is consistent with and supports the City’s adopted growth
policy, thus is assumed to be a benefit to the greater community even though the number of
immediate landowners are small.
129
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 39 of 44
3. Would the change be in the nature of “special legislation” designed to benefit only one
or a few landowners at the expense of the surrounding landowners or the general public?
No. While the applicant will directly benefit from the proposed zone map amendment, the
amendment is not at the expense of surrounding landowners or the general public. As discussed
previously, no substantial negative impacts are identified due to this amendment.
The application is consistent both with the City’s and the County’s growth policy. The growth
policy’s consistency demonstrates benefit to the general public and greater community. As
mentioned previously, any future development will require the applicant to provide the needed
infrastructure to support new development. Concurrency and adequacy of infrastructure should
mitigate potential negative effects on others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230.
130
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 40 of 44
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on February 20, 2022 and February 27,
2022. The notice 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 provided at least 15
and not more than 45 days prior to any public hearing.
As of the writing of this report on March 3, 2022, no written comments have been received on
this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
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-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed) and
REMU (Residential Emphasis Mixed Use).
131
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 41 of 44
The intent of the B-2M district is “…to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district provides
for a range of commercial uses that serve both the immediate area and the broader trade area
and encourages the integration of multi-household residential as a secondary use. 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 intent of the REMU, Residential Emphasis Mixed Use District, whose intent is to establish
areas within Bozeman that are mixed-use in character and to provide options for a variety of
housing, employment, retail and neighborhood service opportunities within a new or existing
neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
i. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
j. Support compact, walkable developments that promote balanced transportation
options;
k. Have residential as the majority use with a range of densities;
l. Provide for a diverse array of commercial and civic uses supporting residential;
m. Have residential and commercial uses mixed vertically and/or horizontally;
n. Locate commercial uses within walking distance;
o. Incorporate a wider range of housing types; and
p. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
f. Support or add to an existing neighborhood context;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
h. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
i. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
132
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 42 of 44
j. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
c. Preserve and integrate the natural amenities into the development; and
d. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
h. Where appropriate create a center within an existing neighborhood;
i. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
j. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
k. Foster the master plan development into a mix of feasible, market driven uses;
l. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
m. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
e. Support existing infrastructure that is within and adjacent to REMU zones;
f. Encourage thoughtfully developed master planned communities;
g. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
h. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types.
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 REMU correlates with the Growth Policy’s future land use designation
of “Residential Mixed-Use”.
133
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 43 of 44
134
Staff Report for the West University Properties Annexation and Zone Map Amendment,
Application 21409 Page 44 of 44
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Steve Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023
Applicant: West University, LLC, 113 East Oak Street, Suite 4A, Bozeman, MT 59715
Representative: Intrinsik Architecture, 106 East Babcock Street, Suite 1A, Bozeman, MT
59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
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 can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1
135
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Lumberyard Zone Map Amendment to the City Zoning Map to Rezone
Approximately 12 Acres From B-2 (Community Business District) to B-2M
(Community Business District -Mixed) Including Adjacent Street Right of
Way, Site is Located North of Patrick Street and West of N. 11th Avenue,
Application 21458
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION: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 21458 and move to recommend approval of the
Lumberyard Zone Map Amendment, with contingencies required to
complete the application processing.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The application was submitted on November 23, 2021. The site is vacant and
has been partially subdivided. The adjacent property on three sides is
presently vacant. A variety of commercial development is to the south
including several retail businesses and offices. All surrounding property is
zoned as B-2, Community Business. A public street will separate property
with different zoning. See the staff report for further information.
Application materials are available through the Laserfiche archive.
UNRESOLVED ISSUES:None
ALTERNATIVES:See attached staff report
FISCAL EFFECTS:None
Attachments:
21458 Lumberyard ZMA Staff Report ZC.pdf
Report compiled on: March 2, 2022
136
137
Page 1 of 19
21458 Staff Report for the Lumberyard Zone Map Amendment
Public Hearing: Zoning Commission meeting is on March 7, 2022
City Commission meeting is on March 22, 2022
Project Description: Amendment of the City Zoning Map to rezone approximately 12 acres
from B-2 (Community Business District) to B-2M (Community Business District -
Mixed) including adjacent street right of way.
Project Location: northwest of the intersection of N. 11th Avenue and Patrick Street and legally described as Lot 3A of the amended plat of Lot 3, Block 3 and Lot 6A of PT Land Phase 2 Subdivision, Plat J-498 The area to be zoned includes portions of the adjacent streets.
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 21458 and
move to recommend approval of the Lumberyard 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 21458 and move to approve the Lumberyard Zone
Map Amendment, with contingencies required to complete the application
processing.
Report: March 2, 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.
138
21458 Staff Report for the Lumberyard Zone Map Amendment Page 2 of 19
Unresolved Issues
None identified at this time.
Project Summary
The site is vacant and has been partially subdivided. The adjacent property on three sides is
presently vacant. A variety of commercial development is to the south including several retail
businesses and offices. All surrounding property is zoned as B-2, Community Business. A
public street will separate property with different zoning.
Alternatives
1. Recommend approval of the application;
2. Recommend denial of the application based on the Community Development Board’s
findings of non-compliance with the criteria contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Public Comment
No written public comment has been received at this time. Received written public comment
will be available through the Laserfiche archive.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Public Comment.................................................................................................................. 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
Zone Map Amendment ....................................................................................................... 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Spot Zoning Criteria ......................................................................................................... 15
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
139
21458 Staff Report for the Lumberyard Zone Map Amendment Page 3 of 19
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 19
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
140
21458 Staff Report for the Lumberyard Zone Map Amendment Page 4 of 19
SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
141
21458 Staff Report for the Lumberyard Zone Map Amendment Page 5 of 19
Map 2: Project Vicinity Map – with designations from
Bozeman Community Plan 2020 Future Land Use Map
142
21458 Staff Report for the Lumberyard Zone Map Amendment Page 6 of 19
Map 3: Project Vicinity Map with Existing Zoning designations
143
21458 Staff Report for the Lumberyard Zone Map Amendment Page 7 of 19
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 “Lumberyard Zone Map Amendment.” 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 “Lumberyard 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 to the centerline of adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned.
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 March 7, 2022 and will forward a recommendation to
the Commission on the Zone Map amendment. 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.
The City Commission will hold a public hearing on the zone map amendment on March 22,
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.
144
21458 Staff Report for the Lumberyard Zone Map Amendment Page 8 of 19
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.
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 November 23, 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
145
21458 Staff Report for the Lumberyard Zone Map Amendment Page 9 of 19
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, on the excerpt of the future land use map, the property is designated
as Regional Commercial and Services. 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 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 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. The full
table is provided in Appendix C.
Based on the proposed B-2M zoning districts’ proper correlation with the future land use
map category of Regional Commercial and Services as an implementing district, the zone
map amendment is in accordance with the future land use map.
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:
d. An owner requests the change and the request meets required standards.
For this application justification d is applicable as the owner has requested the change. This
report evaluates the amendment criteria and finds that they have been met. Therefore, the
application is in accordance with this section of the BCP 2020.
146
21458 Staff Report for the Lumberyard Zone Map Amendment Page 10 of 19
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.
The existing and requested zoning districts allow the same uses as shown in Table 38.310.040.
There are combinations of features of the different zones which make the B-2M more appealing
to the landowner than B-2. There is little overall difference between the districts at the larger
scale of the growth policy. Staff has reviewed the BCP 2020 and finds no negative impact on
the goals and policies from the change in zoning. Both districts support infill development,
mixed uses, development in proximity to services, and similar infrastructure; all of which are
policies in the BCP 2020. Staff did not find a material benefit to the overall growth policy
compliance from the change in zoning. The change is districts is essentially neutral and either
district complies with the future land use map designation of Regional Commercial and
Services. Therefore, staff concludes that the application is in accordance with the growth policy
as a whole.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Water mains are in Patrick Street and other adjacent right of way to provide
water for fire fighting. The site is presently vacant. Emergency services have ready vehicle
access to the site. 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.
147
21458 Staff Report for the Lumberyard Zone Map Amendment Page 11 of 19
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.
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
148
21458 Staff Report for the Lumberyard Zone Map Amendment Page 12 of 19
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 and Infrastructure Viewer 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-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and onsite
open space requirements, maximum building height, and other requirements. The site is also
located with existing or future public streets on four sides which provide physical separation
from adjacent development and provide for access to light and air.
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 site is bounded by N. 11th Avenue and Patrick Street. Extensions of
N. 15th Avenue and Tschache Lane will occur with future development. Easements for those
two streets are in place. Patrick Street and Tschache Lane are local streets, and N 15th and N.
11th are collector streets. The existing street grid serves the larger area and connect to Oak
Street which is a principal arterial, and to Baxter Lane, a collector street. The requested
change in zoning from B-2 to B-2M will not immediately impact the motorized and non-
motorized transportation systems as the change does not authorize any actual construction.
149
21458 Staff Report for the Lumberyard Zone Map Amendment Page 13 of 19
The specific future land uses for the site are not yet known but are the same in the existing
and proposed district. The lower maximum height in B-2 may lessen total demand for
transportation depending on what is ultimately constructed.
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 19th corridor and Midtown and the businesses and services located there.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan 2020 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 Regional Commercial and
Services. This designation is implemented by several zoning districts including the B-2M
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. 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.
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 the B-2M municipal zoning district to the subject property will
not modify the allowed uses on the subject property.
The City has defined compatible development as:
150
21458 Staff Report for the Lumberyard Zone Map Amendment Page 14 of 19
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development and the overall character of the
surrounding area. The site and most of the adjacent area are undeveloped. As the amendment
will establish a district with a lower building height but the same uses no impact is found to
this criterion.
I. Peculiar suitability for particular uses.
Neutral. Detailed future uses for construction on the site are not available at this time.
However, the uses authorized in the B-2 and B-2M zoning districts can be seen in 38.310.040
allowing a ready comparison. Both districts allow the same uses. Therefore, no difference is
expected relevant to this criterion.
J. Conserving the value of buildings.
Criterion met. There are no buildings presently on the site. The values of surrounding
buildings are unlikely to be impacted to a measurable degree as the site is developed
according to the proposed B-2M district over time. Uses are the same in both the B-2 and B-
2M districts. The maximum building heights in B-2M are lower than in B-2. The public
streets provide a physical separation between the proposed B-2M and adjacent property.
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,
typically 60 feet wide, when combined with the standards for site development, is
generally considered an adequate separation—even for substantially different districts.”
Considering the factors identified above, staff finds this criterion to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. 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 a zone map amendment of a district that continues to implement the future land
use map designations. The Unified Development Code contains standards, protections and
151
21458 Staff Report for the Lumberyard Zone Map Amendment Page 15 of 19
review processes to ensure the land is developed in ways that are appropriate to a site’s context
and according to the BCP 2020. The uses allowed in the existing B-2 and proposed B-2M
districts are the same so the amendment does not change the use of the property.
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 existing zoning of the site and the adjacent properties is B-2. The uses authorized in the
B-2 and B-2M zoning districts can be seen in 38.310.040 allowing a ready comparison. Both
districts allow the same uses. There are some minor differences in the review processes for
similar uses in both districts. Differences between districts are primarily in non-use attributes.
Therefore there is no significantly different use from those 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 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.
152
21458 Staff Report for the Lumberyard Zone Map Amendment Page 16 of 19
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 the amendment would come at the expense of surrounding
landowners or the general public. Allowed uses are the same as the existing and adjacent B-2
zoning. Infrastructure to support the uses is also very similar. 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 Table 4 of the BCP 2020, and therefore
would be to the benefit of 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 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 proposed
zoning amendments 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, 21458); 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 February 13 and February 27, 2022. Notice was sent via first class mail to adjacent
landowners on February 11, 2022 and posted on the property on February 11, 2022.
153
21458 Staff Report for the Lumberyard Zone Map Amendment Page 17 of 19
Received written public comment will be made available through the Laserfiche archive.
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 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 a zone map
amendment to B-2M (Community Business District-Mixed). The following are the stated
intent and purpose of this district:
The intent of the B-2M community business district-mixed is to function as a vibrant
mixed-use district that accommodates substantial growth and enhances the character of the
city. This district provides for a range of commercial uses that serve both the immediate
area and the broader trade area and encourages the integration of multi-household
residential as a secondary use. 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 following figure from the BCP 2020, with a red box indicating the applicability of this
proposed ZMA, illustrates how the proposed B-2M district correlates with the Regional
Commercial and Services designation of the Future Land Use Map:
154
21458 Staff Report for the Lumberyard Zone Map Amendment Page 18 of 19
155
21458 Staff Report for the Lumberyard Zone Map Amendment Page 19 of 19
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Virga Venture I, LLC, PO Box 1070 Bozeman MT 59771
Applicant/Representative: SMA Architecture + Design, 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.
156
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:The Carroll on Main zone map amendment requesting amendment of the
City Zoning Map for two existing lots consisting of approximately 7.33 acres
and the accompanying adjacent right-of way from B-2 (Community Business
District) to B-2M (Community Business District-Mixed).
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21438 and move to recommend
approval of the Carroll on Main 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 owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro,
NC submitted an application to rezone two (2) parcels totaling 7.33 acres
from B-2 to B-2M. The property currently hosts the Dollar Spree and Gallatin
Valley Garden Center property. Although no future development plans were
submitted or required with the application, based on the applicant narrative
it appears future development will be “mixed-use.” The adjacent property
on the southwest corner of the subject property is also owned by Carroll on
Main, LLC.
Kirk Park is directly to the north of the norther parcel with direct access from
West Main Street and North 20th Avenue. The parent tract for both parcel
was created prior to the addition of the Montana Subdivision and Platting
Act by the West Park Manor plat recorded in 1964. This plat created Kirk
Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an
additional parcel that now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight
differences in building height, more permissive residential use, and
157
reduction of parking requirements. Building height in the B-2 district is
between 50-60 feet, depending on roof pitch. Building height in B-2M is five
(5) stories or 60 feet. Residential use is allowed on the ground floor in
without a Conditional Use Permit in the B-2M zone and may be permitted in
the B-2 district with an approved CUP.
Application materials can be viewed on the City’s development map at the
following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1
UNRESOLVED ISSUES:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
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.
FISCAL EFFECTS:None identified
Attachments:
21438 Carroll ZMA ZC Staff Report.pdf
Report compiled on: March 3, 2022
158
Page 1 of 36
21438, Staff Report for the Carroll on Main Zone Map Amendment
Public Hearing Date(s):
Community Development Board acting in their capacity as the Zoning Commission will hold
a public hearing on March 7, 2022 at 6:00 pm.
City Commission public hearing will be held on April 5, 2022 at 6:00 pm.
Project Description: The Carroll on Main zone map amendment requesting amendment of
the City Zoning Map for two existing lots consisting of approximately 7.33 acres and the
accompanying adjacent right-of way from B-2 (Community Business District) to B-2M
(Community Business District-Mixed).
Project Location: The property is located on the north side of the intersection of West
Babcock Street and Main Street, Addressed as 2121 West Main Street and more
thoroughly described as Tract 1 of COS 133-A and Lot 2 Minor Subdivision No. 72, both
situated in the Northeast One-Quarter (NE ¼) of Section 11, Township Two South
(T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
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 21438 and move to
recommend approval of the Carroll on Main Zone Map Amendment, with contingencies
required to complete the application processing.
Report Date: March 3, 2022
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro, NC submitted
an application to rezone two (2) parcels totaling 7.33 acres from B-2 to B-2M. The property
currently hosts the Dollar Spree and Gallatin Valley Garden Center property. Although no
future development plans were submitted or required with the application, based on the
159
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 2 of 36
applicant narrative it appears future development will be “mixed-use.” The adjacent property
on the southwest corner of the subject property is also owned by Carroll on Main, LLC.
Kirk Park is directly to the north of the norther parcel with direct access from West Main Street
and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the
Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This
plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that
now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1
Public comment has been received on this application. Comments can be reviewed at the
following link:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=259743&dbid=0&repo=BOZEMAN&cr=1
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.
160
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 3 of 36
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 11
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 22
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 36
FISCAL EFFECTS ................................................................................................................. 36
ATTACHMENTS ................................................................................................................... 36
161
Page 4 of 36
SECTION 1 - MAP SERIES
Figure 1: Aerial Image from Application – Google Earth
162
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 5 of 36
Figure 2: Vicinity Map (2021 image)
Subject
properties
Kirk
Park
163
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 6 of 36
Figure 3: Vicinity Map (2021 image)
Subject
properties
164
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 7 of 36
Figure 4: Current Zoning Map (2021 image)
B-2
R-O
R-3
R-3
R-3
B-2
Subject
properties
R-O R- 2 R-3
B-2M
165
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 8 of 36
Figure 5: Future Land Use Designations (2021 image)
Subject
properties
Community
Commercial
Mixed Use Urban
Neighborhood
Urban
Neighborhood
Parks and
Open Lands
166
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 9 of 36
Figure 6: Current Land Use (2021 image)
167
Page 10 of 36
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 the amended municipal zoning
designation of B-2M shall be identified as the “Carroll on Main Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Carroll on Main Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
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
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on December 15, 2021. 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 the Zoning Commission will
hold a public hearing on this zone map amendment on March 7, 2022 and will forward its
recommendation to the City Commission on the zone map amendment. The meeting will
conducted through WebEx. Instructions on joining the meeting will be included on the meeting
agenda. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on April 5, 2022.
The meeting will conducted through WebEx. Instructions on joining the meeting will be
included on the meeting agenda. The meeting will begin at 6 p.m.
168
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 11 of 36
SECTION 4 - 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.
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.
Criterion 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.”
169
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 12 of 36
The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
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, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
170
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 13 of 36
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “… the B-2M zoning district will allow various housing options and community
commercial space tailored to the surrounding area.” It should be noted that according to the
Tables 38.310.040.A, B, and C there are no differences in uses between the B-2 and the B-2M
zoning districts. There are however, important differences between the two districts. The
primary differences between these two districts is that B-2M requires less parking for most
uses, the ease in which residential uses may be established on the ground floor, and minor
increase in building mass through setbacks and building height.
171
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 14 of 36
The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-
2M as desired outcomes to adapt to the needs of the community. This mix of development at
densities appropriate for a growing urban area is therefore grounded on tenets of the
Community Plan. Moreover, the B-2M zoning proposed through this application fosters
flexibility to address both current market trends and long term land use goals for the subject
property. The Community Plan includes several goals and objectives that are broadly served
through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
No conflicts with the Growth Policy have been identified.
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 and land use requirements, which will ensure this criterion
is met. The change from B-2 to B-2M is not likely to adversely impact safety from fire and
other dangers.
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
172
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 15 of 36
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, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
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 Section 4,
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,
sustainability, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions; and identify enhancements needed to provide service
to new development. 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. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed.
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.
173
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 16 of 36
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.”
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-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
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 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 met. The subject properties have not undergone subdivision review and are relics
without full transportation network such as sidewalks, bike lanes, stormwater facilities, and
similar infrastructure. Additionally, potential future development within a zoning district of B-
2M will likely affect the City’s motorized and non-motorized transportation system with
increased traffic although not a guarantee. The existing 50,000 square foot building and
accessory uses on site generate considerable traffic. However, future development may require
a Traffic Impact Study to identify the extent of increased traffic volumes and specify required
infrastructure improvements to serve the development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
174
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 17 of 36
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 61, a Transit score of 22, and Bike Score of 70. Average walk
score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the
walks score measures the walkability of any address based on the distance to nearby places
and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
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 Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The 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 designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
175
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 18 of 36
The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
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
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial building, parking
area, other commercial businesses, and undeveloped area. There are a wide variety of uses
adjacent to the site including residential and commercial. A review of the uses allowed in the
proposed zones shows many similarities with existing and authorized uses in the surrounding
area. Therefore, the change in zoning does not appear to conflict with the character of the area.
176
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 19 of 36
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated. However, considering the
context of the site with a robust transportation system, large park area directly adjacent, major
streets serving the property, existing city services established, and the variety of land uses in
the immediate area, the proposed B-2M district allows for more similar configuration of uses
as the surrounding area, even though the B-2M district is a more intensive district than the
existing B-2 zoning generally allows.
As shown in Figure 4, the property is bounded by B-2 zoning on the east and south, R-O and
R-3 zoning to the west, and public lands to the north (Kirk Park). The site includes
redevelopment and infill opportunities. The proposed B-2M 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 west. Final determination of suitability will occur during
the site development process.
J. Conserving the value of buildings.
Criterion met. The site has an existing commercial building, semi-permanent greenhouse
structures, a large associated parking area, and undeveloped areas hosting a considerable
amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development must
comply with the Bozeman Unified Development Code which will ensure an appropriate scale
and intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to the
surrounding character of the district.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed B-2M district, while
other buildings’ values are unlikely to be impacted largely due to a robust real estate market
and lack of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 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 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.
Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use development has
177
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 20 of 36
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 protect and promote public health, safety, and
general welfare.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue
of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in
Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County
Comm’rs, in which the Court determined that the presence of the following three conditions
generally will indicate that a given situation constitutes spot zoning, regardless of variations in
factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. 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.’
The differences between B-2 and B-2M are small and not significant. Allowed uses are
identical although their integration into a single building does vary. As noted above,
parking requirements are considerably less in the B-2M district that the B-2 district. As a
result, the proposed B-2M zoning designation would not result in primary uses of the site
which are significantly different from prevailing land uses in the area. Finally, adjacent
properties underwent a similar request and was found to be compliant with adopted plans
and met the review criteria for rezoning to B-2M.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the B-2M zoning
designation is an implementing district to the commercial land use designation and may be
utilized by any other property owners who wish to employ the B-2M district to their
respective property. In addition, there is no difference in permitted uses between a B-2 and
B-2M district.
3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
No. No substantial negative impacts to the surrounding landowners or the general public
have been identified due to this amendment. While the number of landowners who will
directly benefit from the proposed zone map amendment is small (one), the proposed
amendment is not at the expense of surrounding landowners or the general public. As
discussed above in the various review criteria, no substantial negative impacts have been
178
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 21 of 36
identified due to this amendment. The proposed B-2M zoning designation will allow for a
variety of uses conducive to the Community Commercial Mixed Use land use designation.
Further, 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. Concurrency and adequacy of infrastructure remove most potential injury to
others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner
at the expense of others. Development of the site in any manner may create additional
demand for services and change the character of the site as a large retail space and
substantial parking area. A change to an urban district does not inherently injure the
surrounding landowners.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), 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.
179
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 22 of 36
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map for two existing lots
consisting of approximately 7.33 acres from B-2 (Community Business District) to B-2M
(Community Business District-Mixed).
The property currently hosts the Dollar Spree and Gallatin Valley Garden Center property.
Although no future development plans were submitted or required with the application, based
on the applicant narrative it appears future development will be “mixed-use.” The adjacent
property on the southwest corner of the subject property is also owned by Carroll on Main,
LLC.
Kirk Park is directly to the north of the norther parcel with direct access from West Main Street
and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the
Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This
plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that
now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
July 25 and August 1, 2021. The Zoning Commission hearing is scheduled for August 9, 2021
and the City Commission public hearing is scheduled for August 24, 2021.
Public comment has been received on this application. Comments can be reviewed at the
following link:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=259743&dbid=0&repo=BOZEMAN&cr=1
180
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 23 of 36
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
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-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
181
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 24 of 36
182
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 25 of 36
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. 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”.
Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
183
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 26 of 36
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
184
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 27 of 36
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
185
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 28 of 36
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
186
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 29 of 36
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
187
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 30 of 36
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
188
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 31 of 36
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
189
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 32 of 36
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
190
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 33 of 36
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
191
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 34 of 36
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high schools
and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
192
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 35 of 36
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
193
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 36 of 36
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Carroll on Main, LLC, 201 Elm Street, Greensboro, NC 27401
Applicant: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715
Representative: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this 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. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1
194
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Upcoming Items for March 21, 2022 Community Development Board
meeting.
MEETING DATE:March 7, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:No action required.
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:There are no project review items presently scheduled for the March 21,
2022 Community Development Board meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: February 23, 2022
195