HomeMy WebLinkAbout02-07-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of Minutes from January 24, 2022 (Happel)
E.Consent
E.1 Review of Application No. 21419, A Preliminary Plat of the Block 1, Lot 1 of the Parklands at
the Village Downtown Major Subdivision to Create 8 single household residential lots on
1.201 acres on subject property zoned R-4, Residential High-Density District.(Lyon)
Consider the Motion: I move to recommend approval of Consent Items 1 as submitted.
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, February 7, 2022
1
F.Public Comments
G.Action Items
G.1 Bennett Annexation and Zone Map Amendment for the Establishment of a Zoning
Designation of REMU for a property Addressed at 5532 Stucky Road (Readdressed to 2650
and 2680 Bennett Blvd) and generally located approximately one-half mile west of South
19th Avenue on the south side of Stucky Road; Application 21331.(Rogers)
G.2 Training on Review of Amendments to the Text of the Municipal Code.(Saunders)
G.3 Training and introduction on the Bozeman Community Plan 2020 (Growth Policy).(Rogers)
H.FYI/Discussions
H.1 Cancellation of February 21, 2022 Meeting and Upcoming Items for March 7, 2022
Community Development Board meeting.(Saunders)
I.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).
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Memorandum
REPORT TO:Community Development Board
FROM:Taylor Chambers - Community Development Technician III
SUBJECT:Approval of Minutes from January 24, 2022
MEETING DATE:February 7, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from January 24, 2022
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve meeting minutes with corrections.
2. Do not approve meeting minutes.
FISCAL EFFECTS:None
Attachments:
CD Board Meeting Minutes 01-24-22 DRAFT.pdf
Report compiled on: January 26, 2022
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 1 of 6
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 24, 2022
A) 00:00:05 Call to Order - 6:00 pm
B) 00:00:27 Disclosures
Present: Brady Ernst, Henry Happel, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer
Madgic
Absent: Gerald Pape, Allison Bryan, Nicole Olmstead
C) 00:04:25 Changes to the Agenda
Chris Saunders corrected item F3 and G2.
D) 00:05:23 Approval of Minutes
D.1 Approval of Minutes from January 3, 2022
CD Board Meeting Minutes 01-03-22 DRAFT.pdf
00:05:45 Motion D) Approval of Minutes
Padden Guy Murphy: Motion
Stephen Egnatz: 2nd
00:05:57 Vote on the Motion to amend D) Approval of Minutes. The Motion carried 5 - 0
Approve:
Brady Ernst
Henry Happel
John Backes
Padden Guy Murphy
Stephen Egnatz
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 2 of 6
Disapprove:
None
E) 00:06:20 Public Comments
00:08:04 Daniel Carty, Public Comment
Daniel Carty commented in opposition to item F2.
F) 00:11:39 Action Items
F.1 00:11:40 Riverside Annexation and Zone Map Amendment Establishing Initial
Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4
Residential High Density on Approximately 57.5 Acres Located North of the E. Gallatin
River and on Either Side of Spring Hill Road, Application 21-426
21246 Riverside Properties Annx-ZMA SR ZC.pdf
00:12:08 Staff Presentation
Chris Saunders entered the staff report, application materials, and ** into the public record. He
reviewed the zone map amendment process for the board. He provided background on the zoning area,
proposed zoning, and current zoning. He provided an explanation of how this property fits into the
Growth Policy, the nearby city zoning, and a further explanation of the proposed zoning. He presented
the staff analysis of the 76-2-304 MC Zoning Criteria in relation to the project. There were no written
public comments. He provided the recommend motion.
00:24:49 Questions of Staff
00:25:11 Applicant Presentation
Gene Gaines, a resident of the subdivision provided background on the development of the subdivision
and the reason for voluntary annexation.
00:34:30 Questions of Applicant
00:35:28 Public Comment
00:48:46 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 21426 and move to recommend approval of the Riverside Annexation Zone Map
Amendment, with contingencies required to complete the application processing.
Jennifer Madgic: Motion
Brady Ernst: 2nd
00:49:25 Discussion
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 3 of 6
00:55:15 Vote on the Motion to free form Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 21426 and move to recommend approval of the Riverside Annexation Zone
Map Amendment, with contingencies required to complete the application processing. The Motion carried
6 - 0
Approve:
Brady Ernst
Henry Happel
John Backes
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
F.2 00:56:11 2021 W. Lamme Street Zone Map Amendment to Amend the Zoning
Map from R-4 High Density Residential to B-3 Downtown Business District on 0.98 Acres
Located at 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue,
Application 21356
21356 Lamme St ZMA Staff Report ZC.pdf
00:56:32 Staff Presentation
Chris Saunders added the staff presentation, application material and ** into the record. He provided
the address, zoning area, proposed zoning, and current zoning. He provided the future land use map in
relation to the property and the existing zoning in the vicinity. He provided the proposed zoning of the
four parcels and noted there is no development application at this time. He provided the staff analysis
using criteria 76-2-304 MCA. All criteria were found favorable. He provided further explanation of
Criteria G Promotion of Compatible Growth as it was the subject of public comment. He reviewed public
comment and provided a recommendation.
01:07:27 Questions of Staff
Ben Lloyd, representing the applicant, pointed out an error on page 2 of the staff report. He reiterated
there is no future project being provided and pointed out the property owner is trying to bring it into
alignment with the City's growth plan.
01:14:43 Questions of Applicant
01:14:57 Public Comment
01:22:58 Daniel Carty, Public Comment
Daniel Carty commented in opposition to the application.
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 4 of 6
01:27:49 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 21356 and move to recommend approval of the 2021 W. Lamme Street Zone Map
Amendment, with contingencies required to complete the application processing.
John Backes: Motion
Henry Happel: 2nd
01:28:47 Discussion
01:39:38 Vote on the Motion to free form Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 21356 and move to recommend approval of the 2021 W. Lamme Street Zone
Map Amendment, with contingencies required to complete the application processing. The Motion carried
6 - 0
Approve:
Brady Ernst
Henry Happel
John Backes
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
F.3 01:41:46 Application 20132, Billings Clinic Annexation and Zone Map Amendment
Requesting 4.239 Acres of B-2 Zoning, Located Southeast of the Intersection of Davis
Lane and Westlake Road
20132 Billings Clinic ANNX ZMA ZC SR .pdf
20132 Billings Clinic ANNX Post Notice Revised.pdf
Comment_ResponseLetter_090221.pdf
Doc_2716624_Public_Street_Esmt.pdf
Doc_2716625_Utility_Esmt.pdf
SID_Waiver_NotSigned_090121.pdf
Annexation_Zoning_Updated_090121.pdf
BillingsClinic_RC.pdf
CILWR_Email_083121.pdf
ZMA_Exhibit_090121.pdf
AnnexationMap__090121.pdf
01:43:57 Staff Presentation
01:49:53 Questions of Staff
01:51:40 Applicant Presentation
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 5 of 6
01:56:18 Public Comment
02:01:06 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 20132 and move to recommend approval of the Billing Clinic Annexation and Zone Map
Amendment, with contingencies required to complete the application processing.
Stephen Egnatz: Motion
Brady Ernst: 2nd
02:05:32 Vote on the Motion to free form Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 20132 and move to recommend approval of the Billing Clinic Annexation and
Zone Map Amendment, with contingencies required to complete the application processing. The Motion
carried 6 - 0
Approve:
Brady Ernst
Henry Happel
John Backes
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
02:01:46 Discussion
20132 Billings Clinic ANNX ZMA ZC SR .pdf
20132 Billings Clinic ANNX Post Notice Revised.pdf
Comment_ResponseLetter_090221.pdf
Doc_2716624_Public_Street_Esmt.pdf
Doc_2716625_Utility_Esmt.pdf
SID_Waiver_NotSigned_090121.pdf
Annexation_Zoning_Updated_090121.pdf
BillingsClinic_RC.pdf
CILWR_Email_083121.pdf
ZMA_Exhibit_090121.pdf
AnnexationMap__090121.pdf
G) 02:06:04 FYI/Discussions
G.1 Upcoming Meeting Items February 7, 2022
G.2 Community Development Submitted Projects Report
Development Review Report 12_2021.pdf
Development Review Report 12_2021.pdf
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Bozeman Community Development Meeting Minutes, 01-24-22
Page 6 of 6
H) 02:09:58 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net.
General information about the Community Development Board is available in our Laserfiche repository.
9
Memorandum
REPORT TO:Community Development Board
FROM:Nakeisha Lyon, Associate Planner, Development Review Division
Brian Krueger, Development Review Manager, Development Review
Division
Anna Bentley, Interim Director, Community Development Department
SUBJECT:Review of Application No. 21419, A Preliminary Plat of the Block 1, Lot 1 of
the Parklands at the Village Downtown Major Subdivision to Create 8 single
household residential lots on 1.201 acres on subject property zoned R-4,
Residential High-Density District.
MEETING DATE:February 7, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby accept the staff report and findings
for application 21419 and recommend approval of the subdivision with
conditions and subject to all applicable code provisions.
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 Department of Community Development received a Preliminary Plat
Application on November 23, 2021 requesting to subdivide 1.201 acres to
create 8 single-household lots. The proposed subdivision is located within the
existing Village Downtown Planned Unit Development (PUD). The
preliminary plat (19135) for the overall subdivision for the Parklands at
Village Downtown was approved by the City Commission in August 2019
with final plat (21167) approval occurring in October 2021. This is an infill
site that has been in the City for over a century. Access to the individual lots
are provided by a public street and an improved alley as allowed by the
Bozeman Municipal Code (BMC).
The Parklands at the Village Downtown has an existing park and common
open space which serves these proposed lots with pedestrian connections to
existing trails adjacent to the subject property. Infrastructure to serve this
subdivision has been installed or previously financially guaranteed as allowed
10
by the BMC during the platting process for the overall subdivision. This
infrastructure was installed by the prior subdivision of the site, Parklands at
Village Downtown.
On January 25, 2022 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this
application. The City did not receive any written public comment on the
application as of the writing of this report. There are no conditions of
approval with this subdivision.
The final decision for this preliminary plat must be made by March 16, 2022.
The Community Development Board acting in their capacity as the Planning
Board will considered compliance of the application with the growth policy
on February 7, 2022.
The subdivision review process was altered by recent changes in state law.
The Planning Board no longer is required to hold a public hearing on
subdivisions in order to give their recommendation tot he City Commission.
The allowed review time for some subdivisions has also been shortened. The
new subdivision review processes took effect in early January 2022. This
subdivision is the first one to be reviewed under the new processes. As part of
the changes, it is now possible for the Community Development Board in
their capacity as the Planning Board to complete their required review using
the consent agenda.
The consent agenda allows the Community Development Board to act on one
or more applications as a group. If one or more members have concerns on an
application the item can be moved from the consent agenda to the action
agenda for discussion and action. The City Commission regularly approves
final plats and other actions on the consent agenda. Due to the expected
workload in the upcoming year, Staff encourages the Community
Development Board to take advantage of the consent agenda where possible.
UNRESOLVED ISSUES:
There are no unresolved issues with this application.
ALTERNATIVES:1. Recommend approval of the application;
2. Recommend approve the application with recommended conditions;
3. Recommend denial of the application based on the Board’s findings of
11
non-compliance with the applicable criteria contained within the staff
report; or
4. Open and continue the public meeting on the application, with specific
direction to staff or the subdivider to supply additional information or
to address specific items.
FISCAL EFFECTS:None.
Attachments:
21419 Lot 1 Block 1 The Parklands at Village Downtown
Preliminary Plat_Subdivision Staff Report.pdf
Report compiled on: February 3, 2022
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Page 1 of 21
21419 Staff Report for Lot 1, Block 1 of the Parklands Subdivision
Preliminary Plat
Public Meeting/Hearing Dates:
Community Development Board Meeting - Monday, February 7, 2022 at 6:00 pm.
City Commission Hearing will be held Tuesday, March 1, 2022 at 6:00 pm
Project Description: A major preliminary plat application for a proposed eight (8) single-
household residential lot subdivision within Lot 1, Block 1 of the Parklands at Village
Downtown Subdivision on 1.201 acres (52,331 square feet).
Project Location: The subject property is zoned R-4 residential high-density district. The
property is legally described as Lot 1, Block 1, The Parklands at Village Downtown
Subdivision located in the NW ¼ Section 8 (S08), Township Two South (T02 S), Range
Six East (R6 E), P.M.M., City of Bozeman, Gallatin County, Montana
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Community Development Board Motion: Having reviewed and considered
the application materials, public comment, and all the information presented, I hereby
accept the staff report and findings for application 21419 and move to recommend
approval of the subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, Planning Board recommendation, and all the information
presented, I hereby adopt the findings presented in the staff report for application 21419
and move to approve the subdivision with conditions and subject to all applicable code
provisions.
Report Date: February 3, 2022
Staff Contact: Nakeisha Lyon, AICP, Associate Planner
Karl Johnson, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche Archive and may be accessed
through the Community Development Viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche Archive and available to the public.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 2 of 21
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on
November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The
proposed subdivision is located within the existing Village Downtown Planned Unit
Development (PUD). The preliminary plat (19135) for the overall subdivision for the Parklands
at Village Downtown was approved by the City Commission in August 2019 with final plat
(21167) approval occurring in October 2021. Access to the individual lots are provided by a
public street and an improved alley as allowed by the Bozeman Municipal Code (BMC).
The Parklands at the Village Downtown has a park and common open space which serves these
proposed lots with pedestrian connections to existing trails adjacent to the subject property.
Infrastructure to serve this subdivision have been proposed to be installed or were previously
financially guaranteed as allowed by the BMC during the platting process for the overall
subdivision.
On January 25, 2022 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by March 16, 2022. The Community
Development Board acting in their capacity as the Planning Board will considered compliance of
the application with the growth policy on February 7, 2022.
Alternatives
1. Recommend approval of the application;
2. Recommend approve the application with recommended conditions;
3. Recommend denial of the application based on the Board’s findings of non-compliance
with the applicable criteria contained within the staff report; or
4. Open and continue the public meeting on the application, with specific direction to staff
or the subdivider to supply additional information or to address specific items.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 3 of 21
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS ..................................................................................... 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10
38.220.060 Documentation of compliance with adopted standards ................................. 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 20
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 4 of 21
SECTION 1 – MAP SERIES
Exhibit 1 – Aerial and Zoning Map
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Page 5 of 21
Exhibit 2 – Community Plan 2020 Future Land Use
17
Page 6 of 21
Exhibit 3 – Current Land Use
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 7 of 21
Exhibit 4 – Preliminary Plat
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 8 of 21
Exhibit 5 – Preliminary Plat Conditions of Approval
20
Page 9 of 21
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. There are no recommended conditions of approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. a. 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. Sec. 38.240.150. Final plat application.
a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. i. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy. ii. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s.
iii. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. Sec. 38.410.060. - Easements. a. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 4. Sec. 38.410.130 - Water Adequacy.
a. Subject to subsections B and C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset
the entire estimated increase in annual municipal water demand attributable to the
development pursuant to subsection D.
i. Payment-in-lieu of water rights must be made for the lots prior to final plat
approval.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 10 of 21
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on January 25, 2022.
The Community Development Board acting as the Planning Board will have a meeting that will
be held Monday, February 7, 2022 at 6:00 pm via WebEx. A WebEx link will be provided with
the Community Development Board agenda.
City Commission meeting will be held Tuesday, March 1, 2022 at 6:00 pm via WebEx. A
WebEx link will be provided with the City Commission agenda.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are 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.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the surveying requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in the code requirements, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The
subdivider is advised that unmet code provisions, or code provisions not specifically listed as a
condition of approval, do not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report
identify conditions and code provisions necessary to meet all municipal standards. The listed
code requirements address necessary documentation and compliance with standards. Therefore,
upon satisfaction of all conditions and code corrections the subdivision will comply with the
subdivision regulations.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 11 of 21
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Community Development Board acting as the Planning Board public meeting and
the City Commission public hearing were properly noticed in accordance with the Bozeman
Municipal Code. Based on the recommendation of the Development Review Committee (DRC)
and other applicable review agencies, as well as any public testimony received on the matter, the
City Commission will make the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include
variances or other instances of lack of compliance to standards and procedures.
The Department of Community Development received a Preliminary Plat Application on
November 23, 2021 requesting to subdivide 1.201 acres to create 8 single-household lots. The
DRC met on December 8, 2021 with formal comments submitted on December 16, 2021. The
project was deemed inadequate for review by the DRC and the review halted until revised
materials were provided.
Revised materials were submitted with formal intake on January 6, 2022. On January 25, 2022,
the DRC found the application sufficient for continued review and recommends the conditions of
approval and code provisions identified in this staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Thursday, February 3, 2022 for postings on Sundays,
February 6 and February 13, 2022. The applicant posted public notice on the subject property on
February 7, 2022. The applicant sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on February 7, 2022. No public comment had been received on this application
as of the writing of this report.
On February 3, 2022, this major subdivision staff report was completed and forwarded with a
recommendation of approval subject to code provisions for consideration to the Community
Development Board acting as the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
code corrections. This report includes Conditions of Approval and required code provisions as
recommended by the DRC for consideration by the City Commission to complete the application
processing for final plat approval. All municipal water and sewer facilities will conform to the
regulations outlined by the Montana Department of Environmental Quality and the requirements
of the Design Standards and Specifications Policy and the City of Bozeman Modifications to
Montana Public Works Standard Specifications.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 12 of 21
Water/Sewer – Adequate water and sewer capacity exists to serve the eight lots created by this
subdivision as these services were provided during construction internal to the site for the overall
Parklands at Village Downtown Subdivision. Per code requirement 4, if cash-in-lieu of water
rights must be provided prior to final plat approval. Irrigation for open spaces/park is
required and was previously accounted for in the overall Parklands at Village Downtown
Subdivision. Landscaping and irrigation was financially guaranteed during the final plat
through an Improvements Agreement for the overall subdivision.
Utilities – Utilities to serve the eight lots were previously established during the subdivision
process for the overall Parklands at Village Downtown Subdivision. These private utilities were
installed underground. The City standards requires a minimum of 10’ utility easements in the
front yards in conformance with Sec. 38.410.060 of the BMC.
Streets – All public rights-of-ways (ROW) to serve this subdivision were dedicated with
the overall Parklands at the Village Downtown Subdivision and have been constructed. Audubon
Way is a 30-foot alley ROW that will serve the eight proposed lots in Block 1 and the existing 9-
lots in Block 2. Audubon Way is privately maintained by the Property Owners Association
(P.O.A.) that serves the overall subdivision. All maintenance is already provided by the City of
Bozeman for the existing public streets adjacent to the subject property (Village Downtown
Boulevard).
Access to the site will be provided from North Broadway Avenue to Village Downtown
Boulevard and through the new Audubon Way, from where the residents will access their
driveways. North Broadway Avenue is classified as a collector street and Village Downtown
Boulevard is classified as a local street.
In 2003, a Traffic Impact Study (TIS) was previously prepared for original Village Downtown
Subdivision. Based on this TIS and ITE trip generation, the proposed lots will generate less than
100 peak- hour trips, and, therefore a revised TIS is not required with this subdivision.
There is an existing 10’ asphalt trail which connects the Village Downtown Blvd ROW through
the Front Street ROW and the newly built 60’ wide linear park to the southeast of these lots. A
new 6’ wide gravel trail runs adjacent to the subject property and back to the Village Downtown
Blvd to provide a trail network that surrounds the overall subdivision entirely.
The roundabout at the end of Village Downtown Blvd was expanded during the overall
Parklands at the Village Downtown Subdivision platting process and serves as a traffic calming
measure for local vehicular activity in the neighborhood.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. This subdivision does not impact the City’ ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual homes prior to recording of the final plat. Fire protection standards require the
installation for fire hydrants at designated spacing which was previously established during the
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
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overall Parklands at the Village Downtown Subdivision processing. Audubon Way will provide
adequate circulation for fire engines and other emergency vehicles.
Stormwater - Stormwater within the subdivision will be conveyed via surface gutter flow to curb
inlets to then be piped underground through storm drain piping to a stormwater detention pond
located to the north of the lots in Common Open Space A. All stormwater infrastructure has been
previously installed during the overall Parklands at the Village Downtown Subdivision platting
process which accounted for the future development of these proposed lots.
Parklands – The overall Parklands at the Village Downtown Subdivision accounted for the
dedication of land to meet its park mitigation requirement and a final park plan. The 60’ wide
linear park is located to the southeast of these lots and meets the requirements of the BMC.
Natural Environment –The overall Parklands at the Village Downtown Subdivision accounted
for the displacement of any wetlands on the subject property through the purchase of wetland
credits through a wetland bank in the Madison Valley as well as wetland delineation, review and
approval of applicable application materials. An individual Clean Water Act 404 permit was
requested and approval for the changes has been granted by the US Army Corps of Engineers. A
401 permit was obtained from the Montanan Department of Environmental Quality also in the
platting process of the overall Parklands at the Village Downtown Subdivision.
The majority of the subdivision is located in uplands and has been previously disturbed over the
years. Any floodplain and wetland impacts have occurred within the existing Front Street ROW
pertaining to the construction of the street which is allowable by the BMC. Overall, this
proposed subdivision will have minimal impacts on the natural environment. A floodplain permit
is required for any disturbance occurring within the floodplain, if applicable.
Wildlife and Wildlife Habitat – Impacts to wildlife and wildlife habitat were accounted for in the
overall Parklands at the Village Downtown Subdivision. The existing linear park to serve the
subdivision will also act as a buffer to any further wildlife impacts. There are no known
endangered or threatened species located on the subject property.
Public Health and Safety – The intent and purpose of the regulations within Chapter 38 of the
BMC are to protect the public health, safety and general welfare. The subdivision has been
reviewed by the DRC which has determined that it is in general compliance with the title. Code
provisions deemed necessary to ensure compliance are noted throughout this staff report, and
were previously denoted within the approval of the overall Parklands at the Village Downtown
Subdivision platting process. All subdivisions must be reviewed against the criteria listed in 76-
3-608.3.b-d, Montana Code Annotated.
The project area is subject to a high water table. High groundwater can be overcome for utility
installation with proper techniques. However, the ongoing impacts on individual homes can be
substantial if groundwater enters crawl spaces or basements. Use of sump pumps in private
homes often contributes to excessive flows into sewer or storm drainage systems which reduces
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 14 of 21
their designed effectiveness. Once constructed, it is very difficult to retrofit homes to remove
crawl spaces or basements. Therefore, the general notes on the Conditions of Approval Sheet of
the preliminary plat prohibits crawl spaces and full basements. This will remove the need for
sump pumps, illicit discharges of water into the storm drainage systems, and reduce impact on
nearby wetlands.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements, which
were established during the overall Parklands at the Village Downtown Subdivision platting
process. Code requirement No. 3, requires that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public
utilities are located within dedicated street right of ways and within easements located on the
proposed lots.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each lot within the subdivision. All of the
proposed lots will have frontage on a public street and a private alley constructed to City
standards with lot frontage meeting minimum standards as shown on the preliminary plat.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on May 19, 2021 and no variances were requested. The applicant requested and was
granted waivers for Surface Water, Floodplains, Groundwater, Geology, Soils, Slopes,
Vegetation, Wildlife, Historical Features (no longer required per the Legislative Session
Subdivision Amendment Changes), Agriculture, Agricultural Water User Facilities, Educational
Facilities (no longer required per the Legislative Session Subdivision Amendment Changes),
Land Use, Parks & Recreation Facilities, Neighborhood Center Plan, Utilities, Miscellaneous,
Affordable Housing, and Lighting Plan. These requirements were previously satisfied during the
submittal of the Preliminary Plat for the overall Parklands at the Village Downtown Subdivision
and were therefore granted waivers by staff.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water which are near the subject property
but not within the proposed area to be platted. Therefore, minimal impacts to surface waters are
identified. There are no natural or artificial water systems running through or affecting the
property. The applicant requested a waiver of this supplemental information which was granted.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
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38.220.060.A.2 - Floodplains
A floodplain has been identified lying to the eastern side of the subdivision within the Front
Street ROW. This ROW will be developed as an alley which has a narrower width than the
standard street design requirements and will therefore have less of an impact on the floodplain.
The applicant requested a waiver of this supplemental information which was granted.
38.220.060.A.3 - Groundwater
The groundwater in this area is height due to nearby wetlands and elevation of the area having
minimal differentiation. A condition of approval on the overall Parklands at the Village
Downtown Subdivision will restrict the construction of basements and crawl spaces. This has
been included as a general note on the conditions of approval sheet of this proposed plat. The
applicant requested a waiver of this supplemental information which was granted.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The soil present is
Blackmore Silt Loam which was identified during the overall Parklands at the Village
Downtown Subdivision platting process. With proper engineering and architectural design, any
limitation on use of this soil type can be overcome. The applicant requested a waiver of this
supplemental information which was granted.
38.220.060.A.5 - Vegetation
Lain fallow has been identified on the subject property with it’s presence for over a decade. Most
of the vegetation on the subject property is grass with clusters of trees near the subject property
boundaries. The wetlands present on the site have been or will be removed as denoted in the
primary review criteria through appropriate permitting and mitigation efforts by the applicant.
Noxious weeds are present and a weed management plan has been submitted to the Gallatin
County Weed District and approved. The applicant requested a waiver of this supplemental
information which was granted.
38.220.060.A.6 - Wildlife
See discussion in the primary review criteria above. The applicant requested a waiver of this
supplemental information which was granted.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The applicant requested a waiver of this
supplemental information which was granted.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed. The applicant requested a waiver of
this supplemental information which was granted.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
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38.220.060.A.9 - Water and Sewer
See discussion in the primary review criteria above.
38.220.060.A.10 - Stormwater Management
See discussion in the primary review criteria above.
38.220.060.A.11 - Streets, Roads and Alleys
See discussion in the primary review criteria above.
38.220.060.A.12 – Non-Municipal Utilities
See discussion in the primary review criteria above.
38.220.060.A.13 - Land Use
The subject property is zoned R-4, High Density Residential District and the use proposed is
exclusively residential. Please refer to Appendix A for more information. The applicant
requested a waiver of this supplemental information which was granted.
38.220.060.A.14 - Parks and Recreation Facilities
See discussion in the primary review criteria above. The applicant requested a waiver of this
supplemental information which was granted.
38.220.060.A.15 - Neighborhood Center Plan
A neighborhood center or plan is not required per Sec. 38.410.020.A. of the BMC. The applicant
requested a waiver of this supplemental information which was granted.
38.220.060.A.16 - Lighting Plan
All street lights installed are in conformance with the City’s specification requirements which
were previously accounted for during the overall subdivision platting process for the Parklands at
the Village Downtown which included the creation of a special improvements lighting district
(SILD). The applicant requested a waiver of this supplemental information which was granted.
38.220.060.A.17 - Miscellaneous
No additional impacts or hazards have been identified or are anticipated based on the analysis
contained in this report. The applicant requested a waiver of this supplemental information which
was granted.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required. The applicant requested a waiver of this supplemental information which was granted.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for the development of high-density residential
development through a variety of housing types within the city with associated service functions.
This purposed is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types including single household units and accessory
dwelling units (ADUs) in an existing developed residential area that is predominantly detached
single-household units. Lot 1, Block 1 was previously denoted for multi-household development,
however, the applicant changed the intent of the development during this preliminary plat
process. R-4 has a minimum density requirement of eight dwellings per net acre. Based on the
acreage of the overall Lot 1, Block 1, 9.60 dwellings (rounded to 10) would be required in order
to meet the minimum density requirements. In support of providing more housing options, ADUs
have been accounted for within the minimum density requirements which will provide for eight
single-household dwellings and eight accessory dwelling units, one per lot. A general note is
included in the condition of approval sheet regarding the construction of the ADUs in order to
ensure that these units are built. The proposed subdivision is also located in a central area with
relatively quick access to a variety of goods and services.
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21419 Staff Report for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
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Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area. The subdivision has a newly construction 60’ wide
linear park which provided for element three. Pedestrian design, element four, and complete
streets, element 5 are also accounted for with the design of the single household dwelling units to
orientate to Village Downtown Boulevard with driveways along the alley access on Audubon
Way and Front Street. Complete streets are promoted through sidewalk and trail access along the
Village Downtown Boulevard with connections throughout the subdivision, existing trail system
and linear park.
The site has a Walk Score of 53, a Transit score of 24, and a Bike Score of 63. Average walk
score for the city as a whole is 47 out of 100. 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. This site is an infill development, surrounded by existing residential
uses with complimentary uses such as schools, parks, grocery stores, and employment
opportunities within a relatively short distance. There are no adopted development standards
relating to the walk score.
The proposed development is has it’s own linear park with connections to the Northside/Village
Trail. Lindley Park is approximately 0.30 miles from the proposed subdivision, which provides a
variety of recreational opportunities from an extension trail system, picnic opportunities, and a
playground. The closest grocery store is the Heebs Fresh Market (now Town and Country East
Main) which is roughly 0.40 miles from the proposed development. The two closest schools are
the Hawthorne Elementary School and Whittier School which are both within a half-mile to a
mile, respectively, from the proposed development. The Streamline Purpleline has a stop on East
Main St. near Lindley Park which is rough 0.30 miles away from the proposed development.
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There are also a variety of commercial, retail, and office uses along East Main Street, a relatively
short distance from the proposed development which may provide employment opportunities
nearby.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.4 Promote development of accessory dwelling units (ADUs)
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
M-1.11 Prioritize and construct key sidewalk connections and enhancements.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant and owner, Mike Delaney, 101 E. Main Street,
Suite D., Bozeman, MT 59715 who is represented by Drew Kirsch, C&H Engineering &
Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the City
Commission public hearing per BMC 38.220.420, The City scheduled public notice for this
application on February 3, 2022 for publication in the legal advertisements section of the
Bozeman Daily Chronicle on Sunday, February 6 and Sunday, February 13, 2022. The applicant
posted public notice on the subject property on February 7, 2022. The applicant and/or
representative sent public notice to physically adjacent landowners via certified mail, and to all
other landowners of record within 200-feet of the subject property via first class mail, on
February 7, 2022.
No public comments have been received at the time this report was compiled.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715
Applicant: Mike Delaney, 101 E. Main Street, Suite D., Bozeman, MT 59715
Representative: Drew Kirsch, C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr.,
Bozeman, MT 59718
Report By: Nakeisha Lyon, AICP, Associate Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21419, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1
This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-419 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=229372&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:Bennett Annexation and Zone Map Amendment for the Establishment of a
Zoning Designation of REMU for a property Addressed at 5532 Stucky Road
(Readdressed to 2650 and 2680 Bennett Blvd) and generally located
approximately one-half mile west of South 19th Avenue on the south side of
Stucky Road; Application 21331.
MEETING DATE:February 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 21331 and move to recommend
approval of the Bennett Properties 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 applicant and property owners seek to annex three parcels totaling
35.96 acres plus adjacent rights-of-way into the City limits and establish an
initial zoning of REMU, Residential Emphasis Mixed-Use district. The
property is currently zoned “Agriculture Suburban” (AS) within the County
administered Gallatin County Bozeman Area Zoning District (the Donut).
The property is adjacent and south of Stucky Road and bounded on the east
by Genesis Business Park, a County in holding, and Meadow Creek phase 1
park. Gran Cielo subdivision bounds the property on the southeast side
creating an extension of South 27th Avenue with additional undeveloped
property on the northwest side.
Considerable development is occurring in the vicinity including the Gran
Cielo subdivision, Nexus Point residential development, the Graf Street
development, and the West University property annexation to the north
across Stucky Road.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes the REMU
district as an implementing zoning district. Nearby municipal zoning to the
34
south is R-4 (Residential High Density district) to the southeast, R-3
(Residential Medium Density district) to the south and southwest, and R-4
(Residential High Density district) and R-5 (Residential High Density-Mixed
district) on the northwest side. The property is bordered by Stucky Road to
the north (a Bozeman classified Collector street). The proposed annexation
would bring in additional right of way to build out another section of Stucky
Road as would be required with future development. South 27th Avenue has
adequate right of way width.
The property is currently hosts two residential structures being served with
City sewer service which was connected through an emergency connection
option the city offers. The construction of South 27th Avenue severed the
septic systems from the existing homes. The Gran Cielo development had
installed service adjacent to the structures.
The property has a recently installed 15 inch sewer mains and 8 inch water
mains (partial) running along the property to the west in South 27th Avenue
and on the south side in Graf Street. In addition an existing 21 inch sewer
main is in the Stucky road ROW.
UNRESOLVED ISSUES:There are no identified conflicts on this application 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:
21331 Bennett Annx-ZMA SR.pdf
Report compiled on: February 3, 2022
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Page 1 of 37
21331 Staff Report for the Bennett Annexation and Zone Map Amendment
Public Hearing: Zoning Commission meeting is on February 7, 2022
City Commission meeting is on March 8, 2022
Project Description: Annexation application 21331 requesting annexation of 35.96 acres and
amendment application 21331 of the City Zoning Map for the establishment of a
zoning designation of REMU (Residential Emphasis Mixed-Use District).
Project Location: 5532 Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd.)
approximately one-half mile west of South 19th Avenue on the south side of Stucky
Road. Legally described as Tract 1 of COS 2632, Tract 2 of COS 2725, and Tract 3 of
COS 2532, located in Section 23, 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 21331 and move to
recommend approval of the Bennett 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 21331 and move
to approve the Bennett 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 21331 and move to approve the Bennett Properties Zone
Map Amendment.
Report Date: February 1, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
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Staff Report for the Bennett Annexation and Zone Map Amendment, Application 21331
Page 2 of 37
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. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex three parcels totaling 35.96 acres plus
adjacent rights-of-way into the City limits and establish an initial zoning of REMU, Residential
Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS)
within the County administered Gallatin County Bozeman Area Zoning District (the Donut).
The property is adjacent and south of Stucky Road and bounded on the east by Genesis
Business Park, a County in holding, and Meadow Creek phase 1 park. Gran Cielo subdivision
bounds the property on the southeast side creating an extension of South 27th Avenue with
additional undeveloped property on the northwest side.
Considerable development is occurring in the vicinity including the Gran Cielo subdivision,
Nexus Point residential development, the Graf Street development, and the West University
property annexation to the north across Stucky Road.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes the REMU district as an implementing
zoning district. Nearby municipal zoning to the south is R-4 (Residential High Density district)
to the southeast, R-3 (Residential Medium Density district) to the south and southwest, and R-
4 (Residential High Density district) and R-5 (Residential High Density-Mixed district) on the
northwest side. The property is bordered by Stucky Road to the north (a Bozeman classified
Collector street). The proposed annexation would bring in additional right of way to build out
another section of Stucky Road as would be required with future development. South 27th
Avenue has adequate right of way width.
The property is currently hosts two residential structures being served with City sewer service
which was connected through an emergency connection option the city offers. The construction
of South 27th Avenue severed the septic systems from the existing homes. The Gran Cielo
development had installed service adjacent to the structures.
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Staff Report for the Bennett Annexation and Zone Map Amendment, Application 21331
Page 3 of 37
The property has a recently installed 15 inch sewer mains and 8 inch water mains (partial)
running along the property to the west in South 27th Avenue and on the south side in Graf
Street. In addition an existing 21 inch sewer main is in the Stucky road ROW.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
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.
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Staff Report for the Bennett Annexation and Zone Map Amendment, Application 21331
Page 4 of 37
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 .......................................... 11
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 14
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
Annexation ........................................................................................................................ 14
Zone Map Amendment ..................................................................................................... 14
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 15
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 22
Spot Zoning Criteria ......................................................................................................... 31
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 33
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 33
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 33
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 37
FISCAL EFFECTS ................................................................................................................. 37
ATTACHMENTS ................................................................................................................... 37
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Staff Report for the Bennett Annexation and Zone Map Amendment, Application 21331
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: Project Aerial Vicinity Map (2021 Image)
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Map 3: Large Format Vicinity Map
Subject Property 42
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Map 4: BCP 2020 Future Land Use Map Subject Property 43
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Map 5: Existing City Zoning
Subject Property 44
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Map 6: Watercourses, existing and Proposed PROST trail network
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. Naming Term. The documents and exhibits to formally annex the subject property must
be identified as the South 3rd Annexation.
2. Map Format Term. An Annexation Map, titled South 3rd 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. Adjacent ROW Term. The applicant must extend the annexation map to the full width
of Stucky Road for the full length of the subject property adjacent to Tract 2 COS 2725.
4. 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.
5. 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.
6. 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. SID Waiver 3 - Please refer to Engineering comments for list of SID waivers.
b. 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.
c. 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,
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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.
7. 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
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.
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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.
8. ROW Term 1. South 3rd Avenue 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 South 3rd Avenue ROW from the
centerline of the existing ROW as a public street and utility easement where Story Mill
Road is adjacent to the property. A 45 foot public street and utility easement must be
provided prior to the adoption of Resolution of Annexation. The applicant can contact
the City's Engineering Department to receive a copy of the standard easement language.
9. 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.
10. On-site Septic Abandonment Term. The applicant must properly abandon the existing
on-site septic tank and leach field prior to connection to the City sanitary sewer system.
The applicant must report the abandonment to the City Water and Sewer
Superintendent for inspection, and the applicant must report the abandonment to the
Gallatin City County Health Department. In addition to abandonment of the septic tank
and leach field, the applicant must demonstrate that the sanitary sewer service to the
septic tank has been completely disconnected from the old septic system prior to
connection to the City sanitary sewer system.
11. On-site Well Disconnect Term. The applicant must completely disconnect the on-site
well from the house prior to connection to the City water system to protect the City’s
system from cross contamination. The applicant must contact the City Water and Sewer
Superintendent to inspect the disconnect prior to connection of water service from the
house to the City water system.
12. 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.
13. Additional annexation term(s) identified by the Engineering Department.
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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 “Bennett 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 “Bennett Annexation 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 8, 2022. The
meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
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(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 21331.
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 February 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 8,
2022. The meeting will begin at 6 p.m. The meeting will be conducted 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 west, south,
and southeast side.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion Met. The subject property is wholly surrounded although not immediately adjacent.
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. The subject property underwent emergency connection to city sewer service to
allow the construction of South 27th Avenue. No other city services such as water or fire
protection are being provided at this time. Future development will be required to connect with
City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
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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 ‘Urban Neighborhood’
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 missing gap between Meadow Creek
Phase 1, the Gran Cielo development, and north to Stucky road as well as integration of
South 27th Avenue as a north south transportation corridor.
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 include the right of way for South 27th Avenue and
Stucky Road both of which are designated Collectors streets according to the Bozeman Area
Transportation Plan 2017 update. There is limited opportunity for east/west connections due
to previous development (Genesis Business Park) and the Meadow Creek Phase 1 Park exists.
A future trail connection is shown in PROST plan connecting the Meadow Creek Park north
adjacent to the watercourse (Middle Creek Ditch) and extends southerly through Middle Creek
subdivision. This annexation will enhance both the City’s vehicular and pedestrian network by
providing future right of way width for these improvements. Although the improvements will
not happen at the time of annexation, future development will be required to install these
improvements as their frontage requirements. Right of way for South 27th and Stucky Road is
required as a term of annexation.
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 35.96 acres.
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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 5 and 7i. 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. Two existing houses are on the properties. Both required
emergency connection to the City sewer system to accommodate the construction of South 27th
Avenue for the Gran Cielo subdivision. In addition, both dwelling units are on individual
potable water systems. As a term of annexation all remaining sewer and potable water systems
will be required to be disconnected and connection to City water and sewer systems furthering
this goal.
As noted above, the property has a recently installed 15 inch sewer mains and 8 inch water
mains (partial) running along the property to the west in South 27th Avenue and on the south
side in Graf Street. In addition an existing 21 inch sewer main is in the Stucky road ROW.
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 9, 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
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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 3 and 8.
No Class I trails are designated for the subject property according to the PROST Plan.
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 Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of 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 February 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 8, 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 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.
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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 Stucky Road which is a collector on the
north and Graf Street on the south both of which are paved. In addition, South 27th Street
bounds the west edge of the property and is currently being constructed to City standards
although historically this portion of South 27th has been a gravel surface providing access to
the farm activities and residences on the property.
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 5 and 7i 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.
An existing 15 inch sewer mains and 8 inch water mains (partial) running along the property
to the west in South 27th Avenue and on the south side in Graf Street. In addition an existing
21 inch sewer main is in the Stucky road ROW. 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 7b, d-e, and 9, 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.
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Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. Emergency sewer service was request by the applicant and granted by the City
which included a contract for annexation as required by this provision. The agreement is field
with the Clerk & Recorder’s Office. The subject property intended to undergo annexation even
without the emergency connection to sewer. A complete and signed annexation application
was submitted to the City.
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.
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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.
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.
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 10 and 11 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.
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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.
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.”
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“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
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 Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the REMU district is an implementing district of the
Urban Neighborhood.
The applicant is requesting REMU for the entire property, which is classified as a commercial
and mixed-use zoning designation pursuant to section 38.300.110, BMC. 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.
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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. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
suporte by the REMU district For example, 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 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 is supportive of the BCP 2020.
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.
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Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested 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 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.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
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
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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.
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 REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
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In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
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, Graff Street, and 27th Avenue in addition to internal
streets required to serve development.
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.
The site was recently re-addressed as result of requiring emergency connection to City
sewer system. The previous address was 5532 Stucky Road and now addressed as 2650
and 2680 Bennett Blvd. Bennett Boulevard was constructed through improvement
required by the Gran Cielo subdivision development.
The Walk Score is low with a walk score of 1, a transit score of zero, and a bike score of
49. Average walk score for the city as a whole is 48 out of 100. 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. If, as suggested by the applicant,
their statement of constructing mixed-use, may eventually improve these scores.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of 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. Although
the character of the area is emerging a somewhat eclectic use, building form, and building form
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has evolved. To the east is un-annexed business park type office complex without complete
streets to support multi-modal transportation. To southeast is the Gran Cielo subdivision which
is a low density residential development. To the north is a designated regional commercial
designated area that has yet to be developed.
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
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 a higher
intensity commercial area is a compatible use. In addition, the proposed zoning is in
accordance with the Bozeman Community Plan’s future land use designation of Urban
Neighborhood.
H. Character of the district.
Criterion Met. 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.
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.
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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:
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
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With such a broad intent and purpose statement is difficult to find the REMU district would
not be promotive of a districts character. The applicant states the obvious that the REMU
district, “will allow for similar and additional compatible uses and allow for increased
residential density and small scale retail and restaurants…” 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.
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
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.
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I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. 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 REMU zoning designation is suitable for the property’s
location and adjacent uses.
J. Conserving the value of buildings.
Neutral. The two existing residential structures will remain as the property develops.
Considerable new development has and is planned to occur nearby with the exception of the
Genesis Business Park to the east. 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 REMU district nine implantation strategies.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation 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 zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Residential”.
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.
https://cite.case.law/mont/357/61/
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 west of the subject property is a mix of
high density and high density-mixed zoning historically, as with the entire area, was used for
agricultural purposes and very low density residential. Approximately half of the property to
the east was developed as a business park and the other half is zoned as high density residential
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already developed with moderately sized apartments buildings. Directly to the south is an area
of R-3 zoning, residential medium density district, and while developed well below permitted
density additional development right are allowed. Finally, the area to the north and across
Stucky Road is designated as large commercial area according to the Bozeman Community
Plan 2020 and is currently undergoing annexation and zoning review (see application 21409)
requesting a split zoning designation of B-2 (Community Business) and B-2M (Community
Business-Mixed).
Thus, while the REMU is not the exact same as the adjacent properties, it is a proposed
intensity that 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 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?
Criterion Met. 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.
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.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on January 23, 2022 and February 20,
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 February 2, 2022, no written comments have been received
on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
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as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). 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:
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;
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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
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
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zoning designation of REMU correlates with the Growth Policy’s future land use designation
of “Residential Mixed-Use”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Marshall Bennett, 5532 Stucky Road (Readdressed to 2650 and 2680
Bennett Blvd), Bozeman, MT 59718
Applicant: Cadius Partners, LP, 23 Apex Drive, Bozeman, MT 59718
Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
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.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Training on Review of Amendments to the Text of the Municipal Code.
MEETING DATE:February 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:The primary role of the Community Development Board in its capacity as the
Zoning Commission is the review of amendments (text and map) to the
zoning standards. This responsibility is assigned in state law. This review
process provides an opportunity for evaluation of the proposed amendment
and its conformance with the growth policy, public awareness of the
amendment, and an opportunity to demonstrate that the proposed
amendment(s) meets established criteria for approval.
The Staff will provide training and an overview of the text amendment
review process on February 7, 2022.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
CD Training 2-07-2022 memo.pdf
Training 2-07-2022 - Slides.pdf
Report compiled on: February 3, 2022
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: FEBRUARY 3, 2022
SUBJECT: TEXT AMENDMENT REVIEW TRAINING The primary role of the Community Development Board in its capacity as the Zoning Commission is the review of amendments (text and map) to the zoning standards. This responsibility is assigned in state law. This review process provides an opportunity for evaluation of the proposed amendment and its conformance with the growth policy, public awareness of the amendment, and an opportunity to demonstrate that the proposed amendment(s) meets established criteria for approval. The Staff will provide training and an overview of the text amendment (ZCA) review process on February 7, 2022. This memo is in support of that presentation and training. There are several text amendment processes expected in 2022 including this spring. There are numerous references to state and local law in this memo. If the reference has a pattern of ##-#-### or is followed by MCA that is a reference to state law. If the reference has a pattern of XX.XXX.XXX or is followed by BMC that is a reference to Bozeman law. Authority to Zone The State authorizes but does not require local governments to have zoning. Local regulations must be in alignment with enabling legislation – 76-2-301 et. seq. MCA, passed by the state. The zoning enabling language is much less specific than subdivision review enabling legislation. There are specific purposes and certain procedures required. However, things like the number and type of zoning districts are left to the local government to decide. Counties are subject to different but similar zoning laws than cities.
76-2-301. Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
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76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be: (a) made in accordance with a growth policy; and (b) designed to: (i) secure safety from fire and other dangers; (ii) promote public health, public safety, and the general welfare; and (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (2) In the adoption of zoning regulations, the municipal governing body shall consider: (a) reasonable provision of adequate light and air; (b) the effect on motorized and nonmotorized transportation systems; (c) promotion of compatible urban growth; (d) the character of the district and its peculiar suitability for particular uses; and (e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area. Bozeman implements the review of the 76-2-304 criteria through Chapter 38 – Unified Development Code. This part of the municipal code contains the locally adopted standards to implement both zoning and subdivision authority and addresses all types of development. Bozeman has combined these functions with one set of regulations due to the many common elements and needs. Division 38.260 Part 1 lays out the procedures to review a text amendment. State law requires that the Zoning Commission review and forward a recommendation on an amendment to zoning (text or map) before the City Commission takes action on the proposed change. The City Commission is not obligated to follow the recommendation of the Zoning Commission. The staff report with each text amendment will analyze the criteria from 76-2-304. These criteria are applicable to any regulations included within Chapter 38, Unified Development Code, BMC. The criteria in subsection 1 (identified as A through D in staff reports) are required to be met for an application to be approved. The criteria in subsection 2 (identified as E through K in staff reports) must be considered but can be found neutral, met, or not met. An application where items in subsection 2 are not met can still be approved if the overall benefits of the ZCA are favorable. Some amendments include revisions to portions of the municipal code other than Chapter 38. The requirements of Zoning Commission review and compliance with 76-2-304 criteria do not apply to those portions of an amendment outside of Chapter 38.
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Growth Policy Bozeman Community Plan 2020 is the seventh long range city-wide land use plan for the community. Chapter 5, pages 71-79, gives guidance on how the City reviews text amendments to Chapter 38 and review criteria in state law are applied. It is very important that the members of the Community Development Board be familiar with this information as an application being “in accordance with a growth policy” is a required standard for approval. The description of criteria on pages 71-79 are the basis for applying the criteria, not personal view points or preferences. These pages were provided with earlier training.
Bozeman’s General Approach to Zoning Bozeman first adopted zoning in 1935 with four residential and three non-residential zoning districts. Bozeman has maintained zoning ever since. As applied in Bozeman, zoning is a mechanism to manage change, not to freeze the status quo. Evidence of this approach is shown in the ordinance history itself. In the period between 1935 and 2021, Bozeman: Replaced the entire body of zoning regulations 17 times (not all standards changed each time). Amended the zone regulations 272 times (not counting the entire replacements). Amended the zone map 295 times. Amended the text or map in the last five years 107 times (some of these are in active review). There were 10 ordinances adopted amending the text 10 times in 2021. Many of these amendments occurred due to changes in state or federal law and court cases interpreting the law. The City has also amended the zoning to implement changes of policy in the growth policy and other planning documents. Bozeman has grown significantly in area and population during the period zoning has been in effect. Changing economic and housing needs make it necessary for the City to regularly update its land development regulations to keep pace. As the City updates its regulations and the community continues to evolve it can raise questions on what zoning means. The growth policy answers this in part by stating on p. 71: “WHAT DOES IT MEAN TO BE ZONED? It means the City has adopted standards and procedures for the development and use of property within the City. Zoning indicates the character of an area by applying use and development standards to an individual property. Essentially, zoning addresses public safety, public welfare, and compatibility between uses. Chapter 38 of the Bozeman Municipal Code is the zoning code. The City applies standards and procedures to individual properties through the zoning map. The City will not modify those standards and procedures without public notice and participation. The City does not represent or commit to anyone that the standards and procedures will not change.”
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Section 38.100.040 lays out the reasons why Bozeman has adopted zoning. Section 38.100.050 makes clear, consistent with state law, that adopted standards are minimum requirements and more may be required of a development. Long standing City Commission priorities for zoning standard and process development include:
• expeditious but complete review of proposals,
• moving reviews to administrative decision making where possible,
• assured approvals when applications comply with the code,
• development and redevelopment should contribute to the community,
• support for mixed uses and a diverse land use pattern, and
• locally relevant standards consistent with community priorities. These priorities have led to detailed standards to head off issues of functional conflict between different uses. Therefore, the City’s zone districts are more diverse in uses than many communities and there are fewer concerns with different districts adjacent to each other. For example, 38.320.060 has a specific standard to address transition in building heights when districts allowing taller buildings are adjacent to districts with less intensive uses. Generally when considering adjacencies of use a street or similar width space is considered a sufficient separation between uses which could be in conflict. The purposes of the state criteria and the analysis of compliance by an individual application is to ensure that zoning is advancing the overall well-being of the community rather than creating legislation to the special favor of a few at the expense of the community as a whole. This issue will be discussed in some detail during the training and later in this memo.
Data Community Development Viewer. The City has assembled a publicly available information set regarding development. This is often the easiest way to help you get oriented to what is happening around a text application. The viewer can help you identify areas of the community that will be affected if the amendment applies to certain zoning districts. You can turn on and off different layers to help you understand what is happening in the community. Information such as zone boundaries, aerial photos, future land use map (the map showing where different uses are expected from the growth policy), water features, and other material is updated regularly. Infrastructure Viewer. The City has created a web based viewer for infrastructure information. This can show locations and details on public utilities like water and sewer pipes, facility plan information for where service expansions are expected, and floodplains. This is “live” information and as new work is completed it is added to the map. If you click on a + sign next to the name of a layer it will open more detailed information.
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A visit to the proposed site of an area that will be affected by a text amendment is also appropriate. However, it may be private property so please stay on public streets as you view the site.
Ex Parte Communication Text amendments are legislative actions that establish standards and procedures. The City has discretion within the state set boundaries for zoning to find a balance between the many community priorities. The growth policy is the primary policy guidance for consideration of amendments to zoning. See Chapter 5, p. 71-79 for more information. The public and applicant have the right to be aware of what factors are being considered during review of a text amendment and to have decisions made by impartial parties. Text amendments are legislative actions and the restrictions on contact outside of public meetings are less than for quasi-judicial actions like subdivision. However, there is still a need for transparency in decision making. For this reason, Board members should encourage commenters on applications in review to submit comments through the formal channels of agenda@bozeman.net email or presentation at a meeting where the item is being discussed. If someone discusses a pending application with you please notify other board members on the record at the beginning of the action item on the agenda of the substance of the conversation. If you have questions on an application that you do not believe can properly wait until the public meeting please contact the staff member identified on the staff report.
Making Adequate Findings Board decisions must adequately explain what the Board decided and upon what considerations it based its findings. Findings are the legal footprints of a review to explain how the reviewer progressed from facts through established policies to the final decision. Findings must be based on substantial evidence in light of the whole record of the review. Findings: 1. Provide a framework for making principled decisions 2. Help make analysis orderly and reduce likelihood of missing steps in the analysis 3. Enable all interested parties to determine whether and on what basis judicial review of a decision should be sought 4. Show to a reviewing court the basis for the agency’s action 5. Show to the public that review is careful, reasoned, and equitable The staff report address all five purposes. The Board does not have to reinvent all the staff findings. In the recommended motion provided with each staff report language will be included to adopt the staff findings. If the Board concludes the staff findings are correct, no further findings are needed.
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If the Board finds differently than staff on an element of review the Board member should articulate the criteria, relevant facts, and how they reached a different conclusion. Such Board statements then become part of the record for the City Commission to consider in making their own decision. Depending on the degree of difference, the final motion by the Board may need to be revised to identify the differences in findings from the staff report. When the staff is analyzing compliance of a particular text amendment with a zoning criterion, the evaluation is against the code as a whole which will apply to the approval. For example, the park development standards of 38.420 will apply at the time of actual development to all zoning districts with residential development. The park standards ensure that the review criteria element of “facilitating adequate provision of … parks,…” will be met, even though the text amendment process itself does not require park dedication or construction. If the park standards themselves are being changed then extra care is needed in review to ensure that the zoning criterion will be met. Spot zoning concerns are not applicable to text amendments. Amendments to the text tend to apply to large areas of the community and affect many people. Public Comment A decision on a text amendment is founded on specific criteria as noted on page 2. Public comment regarding a text amendment can be submitted by any member of the public in support, opposition, or otherwise. Regardless of the content of the comment, for it to be actionable in the review process it must connect back to the review criteria. This becomes an important part of the Findings process if as a result of comment an application is or is not approved. Comments not related to the criteria are still accepted as part of the review but are not actionable to justify a denial or approval. An element of public comment that is unique to zone map and text amendments is protest. A public comment can be submitted by anyone and does not cause change in the review process. As required in 76-2-305 MCA, a protest may only be submitted by certain persons and if a large enough percentage of qualified persons protest a greater percentage of City Commissioners must vote to approve an amendment. Due to the large number of persons often affected by text amendments successful protests regarding text amendments are infrequent. The protest process does not change the review or action by the Community Development Board in the capacity as the Zoning Commission.
Review and Adoption Process An information sheet on the steps in the review process was provided with the training materials for zone map amendments. A text amendment follows the same steps as a zone map amendment.
Consequences of Approval
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Once adopted, the revised text remains in place until another text amendment changes it. Once new zoning is in effect, applications for development of the property can be reviewed and approved. The state generally limits application of a text amendment to development requests which have already reached the stage in the review process where it has been determined that the application contains all the information needed for review. This means that previously approved development or many applications in active review may complete their development subject to the rules in place prior to the text amendment. It can take several years before visible change in development occurs after a text amendment.
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Focus today is on reviewing individual amendments to the text of the municipal code, some
overall review of zoning theory and practices.
Zoning is dynamic as community and needs are constantly changing. 10 ordinances in past
year to address changing state laws and implement growth policy.
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2
Zoning is not planning. Zoning is a tool to implement planning. Use or misuse is the
responsibility of the wielder of the tool. Very flexible to address many circumstances but it
is not the best solution for every case. Important to know why you are doing it, what are
you trying to accomplish.
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Avoids ad hoc decisions such as density debates during subdivision review – increasing
State Legislature emphasis on this role. Opportunity to consider issues on an overall basis
rather than the last guy in being stuck with all the problems. Gives additional certainty for
uses and helps purchasers be aware of possible future conflicts, can check map or receive
notice before changes.
Balance with other tools. If you have building permits you may need less stuff and
restrictions in zoning.
Does not lock away changes!
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4
Cost of corrective actions is increasing rapidly both in dollars and disruption. Increasingly
interconnected world ‐ decision affects more people and investments and larger
environments. Efficiency and predictable outcome of single decision points about what is
acceptable is more reliable than ad hoc decisions.
Ex. Sewer‐water 70‐100 year service life. $200‐220 linear foot replacement 8” pipe.
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5
Zoning application is specific to each community but there are common background
principles. Others also apply. MT Constitution. These three are particularly relevant to text
amendments.
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No nuisances, Balance competing rights through a reasoned public process. Not new‐ 1883
quiz items in code in Bozeman
70‐16‐203. Adjoining owner's right to lateral and subjacent support ‐‐ excavations.Each
coterminous owner is entitled to the lateral and subjacent support which his land receives
from the adjoining land, subject to the right of the owner of the adjoining land to make
proper and usual excavations on the same for the purposes of construction, on using
ordinary care and skill and taking reasonable precautions to sustain the land of the other
and giving previous reasonable notice to the other of his intention to make such
excavations.
History:En. Sec. 1293, Civ. C. 1895; re‐en. Sec. 4531, Rev. C. 1907; re‐en. Sec.
6773, R.C.M. 1921; Cal. Civ. C. Sec. 832; Based on Field Civ. C. Sec. 269; re‐en. Sec. 6773,
R.C.M. 1935; R.C.M. 1947, 67‐714.
70‐1‐201. Original and ultimate title.The original and ultimate right of all property, real
and personal, within the jurisdiction of this state and not belonging to the United States is
in the people of the state.
History:En. Sec. 60, Pol. C. 1895; re‐en. Sec. 26, Rev. C. 1907; re‐en. Sec. 27, R.C.M.
1921; Cal. Pol. C. Sec. 40; re‐en. Sec. 27, R.C.M. 1935; R.C.M. 1947, 67‐101.
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Decisions made before influence us today. 1940 Census – 8700 people, buy a midrange car
for $1,500.
Although the tool has been in use for many years, need to keep current with today’s needs,
not last century’s.
Consistency also has value.
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2009 changes to purposes of zoning in Section 76‐2‐304.
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Purposes of zoning are very broad and can address many different local needs.
Focus is on the physical construction and use of land.
1920s Federal Department of Commerce model language used as basis for state enabling
legislation, still fundamentally the same.
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Lots of local flexibility. Emphasizes the importance of community evaluating local priorities
and identifying why they have zoning. What is intended outcome. Keep up with community
changes.
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Criteria for zoning adoption and amendment are identified in state law, explains further the
generalized purposes in enabling legislation. Applies to both text and map amendments
A‐D are compulsory to achieve; E‐K need to be considered.
Growth policy provides expansion of meaning of criteria, included attachment of BCP 2020
pages with packet.
Criteria are as applicable to a comma change as a complete overhaul
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1st criteria for adoption of zoning and for amendments is to be accordance with growth
policy. Bozeman adopted its latest growth policy in fall of 2020.
Map amendments look more to Future Land Use Map, text amendments look more to
goals. Chapter 5 gives further guidance on how to apply the state base criteria.
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Purpose of districts is to avoid reasonably foreseeable substantial negative impacts that are
not addressed by other means.
Development of building codes, etc. has lessened impacts and enables less restrictive
zoning, e.g. development of artisan manufacturing in 2013. Need care in determining how
many and what type of districts are needed to meet intention of zoning in a community.
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No minimum or maximum number of districts required.
Districts can list only those uses allowed or allow any uses not prohibited – local choice
Broad categories can be useful, e.g. “retail” rather than listing sales of individual products.
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Standards are a key component since they establish the baseline for review of an
application.
Provides basis for identification of negative impacts which is the basis to require mitigation.
Ex. Storm water runoff can cause flooding, therefore you must control it. Provide adequate
storage on‐site or regional facilities? Ex. Ditch protection vs. abandonment – If no longer
needed then abandon because is now unsupported physical occupation.
Can take many forms – Dimensions, qualitative measures,
Balance between flexibility and predictability, can’t fully have both without terrifically
complex ordinance and you will still miss something.
Standards should integrate with other standards of the jurisdiction such as floodplains.
Must carefully monitor changes.
Key point at which complexity of administration is established
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Communities are complex. There are ever changing balances of competing demands. There
is no one right way to have a community. Needs change over time. Six growth policies and
18 complete replacements of zoning standards to date with hundreds of amendments in
between.
Example equation. Each letter represents an issue. The 20 sided shape is a visual
representation. Can’t pull one facet off and leave the rest.
Each community needs to determine how to balance issues to find a harmony that
community desires. As shown in the various alternative rules for the equation you could
create a huge number of possible outcomes and still address each item and reach a
calculation of 100.
Bozeman has approached this search for harmony with the last two rules. Each issue needs
to be addressed and no one issue can completely overwhelm all others. This does not in
any way mean that all the issues are weighted the same way or that more than one issue
cannot have the same dominance as another.
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Can’t use zoning to chase everyone else away who isn’t like you. Zoning is about the
structure rather than the person living in the building.
It is lawful and legitimate to regulate in ways that do not discriminate, e.g. free speech –
regulate time, place, and manner is ok but not content.
Must be legitimate matter for regulation and be established and administered correctly.
Some things reserved to another agency like water rights and telecommunications.
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Most text amendments are initiated by the City Commission or the Staff through the City
Manager. Landowners within the City can initiate an amendment. Public can request City
Commission to begin an amendment process.
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City created this platform so anyone can suggest amendments. Can also comment on
others suggestions. Been in place about 3 years.
Caution needed. Text amendments affect everyone in the amended district or interacting
with the amended standard. Can be very extensive impacts.
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Community Development Board acts in capacity as Zoning Commission for this
responsibility. Role is to provide input, gather information from public, make
recommendation to City Commission. Law assigns same role to Zoning Commission for
amendments as for initial creation of zoning. Report mentioned in the statute is now the
video recording. Staff summarizes and provides link to the recording with the Staff Report
to City Commission.
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Purpose of application materials in 38.220 BMC is:
1. Show compliance with adopted standards and criteria
2. Provide factual basis for analysis prior to governing body decision
3. Transparency to public in decision making process
Compared to most other applications, detail with text amendment is light. Compare with
subdivision – construction is difference.
Adoption of an amendment to the text does not authorize any construction. Follow up
review will always happen before construction.
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Excerpt from Zoning Amendment Information sheet in packet with these slides.
No time frame for beginning or completing review in law. Actual time frame typically 5‐6
months depending on applicant responsiveness and agenda availability. Time frame
variable with hearing schedules.
Both Zoning Commission and City Commission are formal hearings as required in state law,
must be action items on the agenda.
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Criteria for zoning adoption are identified in state law, explains further the generalized
purposes in enabling legislation.
A‐D are compulsory to achieve with a favorable finding.
E‐K must be considered but not necessarily met favorably.
GP provides expansion of meaning of criteria, included attachment with packet.
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First level of review for “in accordance with a growth policy” is the future land use map.
The map places future land use designations throughout the community. Each designation
is described in Chapter 3 of the growth policy.
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Policy statements: Density, variety, and mixed use are themes that routinely appear. No
single type of housing or use more valuable than another.
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BCP2020 covers a wide range of topics and direction. Not all are applicable or appropriate
to implement as regulations but some are.
Need to screen proposed amendments for consistency with goals and objectives being not
applicable, advanced, or impeded.
Strong likelihood of a conflict at some point between different G/O and specific text.
Legislative process is to balance competing needs and priorities.
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Pages 71‐79 from the growth policy expand on the state established review criteria. These
pages are the adopted statement of policy for applying criteria. It is important for the
Community Development Board to be familiar with the expectations and terms of these
pages.
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For each criteria there is additional explanatory text in the GP for how the criteria is
applied.
Example for Criterion D. The City prepares detailed facility plans looking at current
conditions, future needs, and required improvements to meet those needs. The City then
integrates that information with the municipal code and design standards. As individual
applications move into construction they must show conformance with standards.
Code as a whole when reviewing criteria
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Public comment – loaded to Laserfiche for public review as they come in, applicable
comments need to focus on the zoning criteria and facts which support the conclusion of
the commenter. Text Amendments are not a vote of the commenters. Should discuss
received public comments but don’t have to debate or rebut each one individually. City
Commission makes final decision.
Protest info – Does not change ZC action or review criteria, presented here for information
as it will be mentioned during application reviews.
Protests can be received through close of public comment before CC
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Ordinance may not be fully drafted until after the City Commission preliminarily approves
concept after public hearing. If ordinance IS drafted before public hearing City Commission
can provisionally adopted ordinance as part of public hearing process. Final adoption is
usually a consent agenda action.
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Text amendments usually in a standard underline for additions and strikethrough for
deletion editing format. Allows public to see what is being proposed. Depending on scope
of changes an entire section may be replaced and a new text drafted.
Text can evolve during the review process.
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director Community Development
SUBJECT:Training and introduction on the Bozeman Community Plan 2020 (Growth
Policy).
MEETING DATE:February 7, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
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:The primary role of the Community Development Board in its capacity as the
Planning Board is evaluation and revisions to the Growth Policy or
Community Plan. The City recently adopted a new Plan called the Bozeman
Community Plan 2020. The purpose of the Plan is to guide residents, City
staff, and elected officials’ decisions. It brings land use policy into larger
community discussions on many issues addressed by the City. Its measure of
success is continuation of the Bozeman tradition— a flourishing, safe,
healthy, and a vibrant place to live, work, and raise a family.
Bozeman Community Plan 2020
The Staff will provide training and an overview of the Community Plan on
February 7, 2022.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: February 3, 2022
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Cancellation of February 21, 2022 Meeting and Upcoming Items for March 7,
2022 Community Development Board meeting.
MEETING DATE:February 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 will be no Community Development Board meeting on February 21,
2022 due to the Presidents Day holiday.
There are five items presently scheduled for the March 7, 2022 Community
Development Board meeting. Not all items have had notices issued yet and
the schedule may change.
Billings Clinic Planned Unite Development Concept Plan
The Lumberyard Zone Map Amendment
The Gallatin Meadows Annexation Zone Map Amendment
Carroll on Main Zone Map Amendment
West University Properties Annexation Zone Map Amendment
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: February 3, 2022
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