HomeMy WebLinkAbout03-22-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Stewart)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, March 22, 2022
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G.2 Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Approval
Finding of Fact and Order, Application 21447 (Quasi-Judicial)(Montana)
G.3 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2022
Curb Replacement Project to AV Construction, Inc., for the Purpose of Replacing Curb and
Gutter on West Garfield Street(Gamradt)
G.4 Authorize the City Manager to Sign a Utility Easement and a Sewer and Water Pipeline and
Access Easement and Agreement with Human Resource Development Council of District IX,
Inc. for the Community First Griffin Place Site Plan, App. 21117(Johnson)
G.5 Authorize the City Manager to Sign Two Drainage Easements, a Public Access and Sewer
Pipeline and Drainage Easement, a Public Street and Utility Easement, and Utility Easements
with Montana State University Innovation Campus for the Industry Bozeman Site Plan, App.
21304(Paz-Solis)
G.6 Authorize the City Manager to Sign a Public Street and Utility Easement and a Utility
Easement with Rainbow Creek Rental Properties, LLC for the Rainbow Creek Annexation,
Application 18240(Nielsen)
G.7 Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County for a
Business Continuity and Disaster Recovery Plan(McMahan)
G.8 Authorize the City Manager to Sign a Grant Agreement with HRDC for Warming Center
Operations(Fine)
G.9 Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, LLC (AE2S) for Providing for On-call Engineering
Services at the City of Bozeman Water Treatment Plant(Nielsen)
G.10 Authorize the City Manager to Execute a Professional Services Agreement with HDR
Engineering for Providing On-call Engineering Services at the City of Bozeman Water
Reclamation Facility(Nielsen)
G.11 Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, Inc. (AE2S) for 2022 Drought Tool
Improvements(Ahlstrom)
G.12 Resolution 5374 Intent to Vacate and Abandon a Portion of Red Wing Drive Entirely Within
Railroad Right of Way Adjacent to Frontage Road, Gallatin County, Montana(Lonsdale)
G.13 Resolution 5380 Intent to Create a Special Improvement Lighting District 771 for Bozeman
CoHousing(Harlow-Schalk)
G.14 Ordinance 2090 Final Adoption of the 1919 Bridger Drive Zone Map Amendment, Addressed
at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to
be Given Initial Zoning of R-2, Residential Moderate Density District, Application
21123(Rogers)
H.Consent II: Items Acted Upon Without Prior Unanimous Approval
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H.1 Ordinance 2107 Provisional Adoption of the 2021 W. Lamme Street Zone Map Amendment
to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business
District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application
21356(Saunders)
I.Consent III
I.1 Parklands at the Village Downtown Major Subdivision Preliminary Plat Lot 1, Block 1
Findings of Fact and Order, Application 21419 (Quasi-Judicial)(Lyon)
J.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
K.Action Items
K.1 Continue to April 5 The West University Properties Annexation and Initial Zoning Application
21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for
the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on
50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres(Rogers)
K.2 Continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to
Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M
(Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located
North of Patrick Street and West of N. 11th Avenue, Application 21458(Saunders)
K.3 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)
K.4 Resolution 5377 Creation of Special Improvement Lighting District 769, Norton East Ranch
Phase 5(Harlow-Schalk )
K.5 Resolution 5379 Creation of Special Improvement Lighting District 770, Annex of
Bozeman(Harlow-Schalk )
K.6 Ordinance 2106 Provisional Adoption Approving a Project in the Downtown Urban Renewal
District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving
the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible
Costs Thereof(Mihelich)
K.7 Ordinance 2101 Provisional Adoption to Outline the Term and Conditions for the Sale of Fire
Station 1(Winn)
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K.8 Ordinance 2100 Provisional Adoption Recognizing and Designating June 19th as Juneteenth
National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing
the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after
Thanksgiving as the Local Indigenous Peoples' Day  Holiday(Giuttari)
L.FYI / Discussion
M.Adjournment
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assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
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In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Assistant Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:Please authorize the checks dated 3/16/2022. They were not presented to
the board prior to mailing, as there was no meeting on 3/15/2022.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing. Individual claims
in excess of $100,000: to be announced in weekly e-mail from Accounts
Payable Clerk Nadine Waters and Assistant Controller Levi Stewart.
Report compiled on: March 11, 2022
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner, Development Review Division
Brian Krueger, Manager, Development Review Division
Anna Bentley, AICP, Interim Director, Community Development Department
SUBJECT:Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Approval Finding of Fact and Order, Application 21447 (Quasi-Judicial)
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve and authorize the Mayor to sign the Findings of Fact and Order for
a modification to the Eastlake Professional Center Minor Subdivision
Preliminary Plat to divide a 7.65 acre parcel into four commercial lots zoned
B-2M, Community Business District--Mixed and to allow the Applicant to
request concurrent construction of subdivision infrastructure while building
a medical office building on Lot 4.
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 Eastlake Professional Center LLC, owner and Applicant, submitted a
Preliminary Plat (PP) Modification application to allow them to request
concurrent construction of the public infrastructure for the subdivision and
for Lot 4 within the subdivision. The PP for this subdivision was approved
with conditions and code provisions on August 10, 2021 to divide a 7.65 acre
parcel, Lot 1A of the Minor Subdivision 221E, into four commercial lots.
Subsequent to approval of the PP, the Applicant submitted a site plan for a
medical office building on Lot 4 of the subdivision. The public improvements
for the subdivision are not complete and the Applicant seeks to request
concurrent construction of the office building site while the roads, water and
sewer improvements to the subdivision are under construction. The
Bozeman Municipal Code (BMC) requires the Applicant to request
concurrent construction at the initial PP application submittal. Therefore,
the Applicant restarts the PP process to seek a Modification to the approved
PP in order to be allowed to request concurrent construction of
infrastructure while the office building is being constructed. The
Modification adds two new conditions of approval to the previously-
approved conditions; both related to assurances for completion of
improvements. A Certificate of Occupancy for any Lot 4 building cannot be
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issued until the public infrastructure for the subdivision is built and inspected
and accepted by the City.
UNRESOLVED ISSUES:None
ALTERNATIVES:As noted in the Finding of Fact and Order staff report
FISCAL EFFECTS:As noted in the Findings of Fact and Order staff report
Attachments:
21447 Eastlake Prof Cntr PP City Commission FOF Memo.pdf
21447 Eastlake Professional Center FOF staff rpt 03 03 22.pdf
21447 Applicant PP MOD Narrative.pdf
21447 Master Site Plan Green Plan.pdf
21447 Master Site Plan Phasing Plan.pdf
21447 Preliminary Plat MOD.pdf
Report compiled on: March 3, 2022
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Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Susana Montana, Senior Planner, Development Review Division,
Community Development Department
SUBJECT: Eastlake Professional Center Minor Subdivision Preliminary Plat
Modification Findings of Fact and Order, Application No. 21447
MEETING DATE: March 22, 2022
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve and authorize the Mayor to sign the Findings of Fact and
Order for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification,
Application No, 21447.
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: On March 1, 2022, the City Commission held a public hearing on an
application for approval of a modification of an approved preliminary plat for the Eastlake
Professional Center Minor Subdivision. The Commission voted 5 to 0 to approve the application
subject to conditions and code provisions to ensure that the final plat would comply with all
applicable regulations and required criteria. These Findings of Fact provide a record of the review
and Commission action.
UNRESOLVED ISSUES: None. The final plat must satisfy all of the recommended
preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC)
code provisions noted on pages 11 through 15 of the Findings of Fact and Order staff report.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted;
2) Approval of the Findings of Fact and Order with modifications; or
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachments: Findings of Fact and Order Staff Report
Report compiled on: March 3, 2022
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21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 1 of 25
Bozeman City Commission Findings of Fact and Order for the Eastlake
Professional Center Minor Subdivision Preliminary Plat Modification, 21447
Finding of Fact Public Hearing Date: City Commission, March 22, 2022
Preliminary Plat Modification Public Hearing Date: City Commission meeting was held on
March 1, 2022 at 6:00 pm. Via WebEx. https://www.bozeman.net/government/city-
commission/city-commission-video
Project Description: A modification of an approved Eastlake Professional Center subsequent
minor preliminary plat subdivision of a 7.65-acre property to create four commercially-
zoned lots.
Legal Description: The property is legally described as Lot 1A of the Minor Subdivision 221E.
Project Location: The property is unaddressed and is located in Section 26, Township 01 South,
Range 05 East, PMM, Bozeman, Montana at the southeast corner of N. 27th Avenue and E.
Valley Center Road. The property is zoned B-2M, Community Business District—Mixed.
Development Review Committee (DRC) Recommendation: On January 7, 2022, the DRC
determined that the application conforms to Bozeman Municipal Code (BMC) standards
and is sufficient for approval with staff-recommended conditions and code provisions.
City Commission Decision on the Preliminary Plat Modification: On March 1, 2022, having
reviewed and considered the application materials and all the information presented, the
City Commission, by a vote of 5 to 0, adopted the findings presented in the staff report for
application 21447 and approved the Eastlake Professional Center Minor Subdivision
Preliminary Plat Modification with conditions and subject to all applicable code provisions.
City Commission Recommended Motion for this Finding of Fact and Order: “Having
reviewed and considered the application materials and all the information presented, I
hereby adopt the findings presented in the Findings of Fact and Order staff report for
application 21447 and move to approve the Eastlake Professional Center Minor
Subdivision Preliminary Plat Modification with conditions and subject to all applicable
code provisions.”
Report Date: March 3, 2022
Staff Contact: Susana Montana, Senior Planner
Agenda Item Type: Action (Quasi-judicial)
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 2 of 25
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Modification application
on November 29, 2021 requesting a modification to the approved Eastlake Professional Center
Subsequent Minor Subdivision Preliminary Plat, dividing one 7.65 acre lot into four commercially-
zoned lots. The current 7.65 acre Lot 1A of Minor Subdivision No. 221E is undeveloped land.
This Preliminary Plat (PP) was conditionally-approved on August 10, 2021 by signature of the
Mayor on a Findings of Fact Order after a June 8, 2021 public hearing before the City Commission
to discuss the merits of the subdivision application. The modifications would allow the Applicant
to request concurrent construction of infrastructure for the subdivision while constructing a
building and site improvements on the new Lot 4. The modifications now sought relate to revised
conditions of approval and code requirements of the previously-approved PP which reflect
assurances for the proposed infrastructure improvements as well as removal of conditions that are
already completed/met.
Purpose of the Modification. Subsequent to the August 2021 approval of the PP, the
Applicant discovered that he needed to request concurrent construction of public and private
infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section
38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be
completed and approved by the City before any building permit for any lot within the subdivision
can be issued. The exception to this rule is when the Applicant requests concurrent construction
of infrastructure improvements at the initial application for the subdivision—at preliminary plat
application. The Applicant for this subdivision did not request concurrent construction or submit
an Improvements Agreement request at the initial submittal of the PP. This Modification to the
previously approved PP represents the proper route for submittal of the Concurrent Construction
request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the
Applicant to request to enter into an Improvements Agreement (IA) and financial sureties for those
improvements, pursuant to 38.270.030.B.1.b.2.
The PP map remains the same as was approved in August 2021. Since that time, however, some
of the original conditions of approval and BMC code provisions have been met by the Applicant
and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet
conditions and code provisions from the August 2021 PP approval are carried forward to this PP.
This Modification to the PP would add six new BMC code provisions that must be met with the
Final Plat. These code provisions would allow the Applicant to submit an Improvements
Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 3 of 25
ponds, landscaping in public rights-of-way and other improvements for the subdivision would be
completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for
any building within the subdivision, such as that of Lot 4. Importantly, it would allow the
Applicant to submit building permits for the medical office building on Lot 4 and, when approved,
to construct the building and site improvements concurrently with the construction of private and
public infrastructure for the subdivision.
The request for concurrent construction requires the addition of the following standard code
provisions which are shown as Numbers 5 through 10 on pages 12 and 13 of this report.
1. BMC 38.270.030.D.2 - The property owner must enter into an improvements agreement to
ensure the installation of required infrastructure and other applicable improvements, to be
secured by any security or securities found in section 38.270.080. If a financial security is
used, the amount would be determined by the City and in an amount not less than 150
percent of the cost of the improvements verified against City publicly bid unit prices, where
such are available. If no publicly bid unit prices are available, any cost estimate acceptable
to the City may be used. The security must be in the name of the City and must be at least
six months longer than the time of performance required by the improvements agreement.
2. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and
grade, for any public infrastructure must be obtained from the Montana Department of
Environmental Quality prior to issuance of any building permit for the development.
3. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial
general liability insurance. Insurance policies must not be cancelled without at least 45
days prior notice to the City. The commercial general liability policy must name the City
as an additional insured. The developer must furnish evidence, satisfactory to the City, of
all such policies and the effective dates thereof.
4. BMC 38.270.030.D.10 - The developer must execute a hold harmless and indemnification
agreement indemnifying, defending and holding harmless the City, its employees, agents
and assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising out of the issuance of a building permit
under this section.
5. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent
construction plan, addressing all requirements of this section, must be submitted for review
and approval of the Community Development Director in consultation with the City
Engineer and with a recommendation from the development review committee.
6. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval,
the final plat of subdivision must contain a certificate of completion of public
improvements. The certificate must list all completed and accepted improvements.
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 4 of 25
Preliminary Plat Description and Review Process
This subdivision is a subsequent minor subdivision from a previously recorded minor subdivision
of a tract of record and, per 38.240.140.A.2 and MCA 76-1-107, the Planning Board delegates its
review of all minor subdivisions from a tract of land of record to the Community Development
Director. Therefore, the Community Development Board, acting as the Planning Board, does not
review this application.
Pursuant to BMC 38.200.010.A, 38.240.100 and 38.240.150.A, the City Commission must review
and take action on all proposed subdivisions via either a public meeting or a public hearing.
Pursuant to 38.240.130, subsequent minor preliminary plats require a public hearing before the
City Commission. On January 7, 2022, the Development Review Committee (DRC) found this
application adequate for public notice and review by the City Commission. Pursuant to BMC
38.240.100, the final decision for a subsequent minor subdivision preliminary plat must be made
by the City Commission within 60 working days of the date it was deemed adequate or, in this
case, by April 4, 2022. The City Commission public hearing on this application was held on March
1, 2022. This Finding of Fact and Order hearing is scheduled for March 22, 2022.
The subdivider does 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.
Alternatives
1. Approve the application with the recommended conditions and code provisions;
2. Approve the application with minor clarifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations and all the information presented, they made individual
findings and voted 5 to 0 to approve the motion to approve the subdivision preliminary plat
modification application. The Commission agreed that the application met the criteria established
by the Bozeman Municipal Code (BMC). Therefore, the application was approved with conditions
and applicable code provisions outlined in these findings.
This report is based on the submitted application materials. 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
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 5 of 25
public comments be received, they would be included in the City’s Laserfiche archive and
available to the public.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under March 1, 2022:
https://www.bozeman.net/government/city-commission/city-commission-video
TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................................................... 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES ....................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................ 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 4 – BMC CODE PROVISION REQUIREMENTS .............................................. 11
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
SECTION 6 – STAFF ANALYSIS AND FINDINGS ............................................................. 14
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ............... 14
Primary Subdivision Review Criteria, Section 76-3-608………………………… …16
Compliance with BMC 38.220.060. adopted standards............................................... 18
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .................. 20
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................. 23
APPENDIX B – NOTICING...................................................................................................... 25
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 25
FISCAL EFFECTS ..................................................................................................................... 25
ATTACHMENTS ....................................................................................................................... 25
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 6 of 25
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
21447
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21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 7 of 25
Exhibit 2 – Community Plan 2020 Future Land Use
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 8 of 25
Exhibit 3 – Current Land Use Map
Undeveloped
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21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 9 of 25
Exhibit 4 – Existing Adopted and Proposed Preliminary Plat (no physical change)
Lot 4
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21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 10 of 25
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
The following conditions of approval and code provisions are offered to satisfy City and relevant
State requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to the
required BMC code provisions identified in this report. The conditions are specific to this
preliminary plat application. Staff has considered the impacts as identified in the staff analysis
and application materials and the conditions of approval are deemed reasonably-related and
roughly-proportionate to the development of this subdivision.
Recommended Conditions of Approval:
1. 38.410.060. Easements. The existing 10 foot utility easement must be released and
cannot be shown on the final plat.
2. 38.400.060. Street Improvements. The Applicant must provide and file with
the County Clerk and Recorder's office City-approved and Applicant-executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
and storm drainage;
b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage;
c. Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, and storm drainage;
d. Intersection improvements to North 27th Avenue and Catamount Street;
e. Intersection improvements to East Valley Center Road and Catamount Street;
f. Intersection improvements to North 27th Avenue and East Valley Center Road;
g. Intersection improvements to North 19th Avenue and East Valley Center Road; and
h. 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 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 the City Engineer with a copy of the filed SID
waivers prior any future development of the subdivision.
3. The proposed project falls within the Bozeman Solvent Site boundary. The property is
underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells
may be installed on this property and any excavation and dewatering would require
additional construction oversight. Please contact the Montana Department of
Environmental Quality for additional information on construction requirements within the
solvent site area.
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
Page 11 of 25
4. The Applicant and prospective buyers of lots within the subdivision are hereby alerted that
development of the Site is reliant on completion of offsite water and sewer infrastructure
associated with the Billings Clinic Ambulatory Destination Center Phase 1 Site Plan.
These improvements are under the control of a third-party developer and contractor and,
therefore, are not eligible for Concurrent Construction. These improvements must be
completed and accepted by the City prior to Final Plat approval of this Eastlake
Professional Center Preliminary Plat.
5. Due to high groundwater on the property, the following notation shall be placed on the
Conditions of Approval Sheet of the final plat: “Due to known high groundwater conditions
in the area, no basements will be permitted with future development of the site. No crawl
space will be permitted with future development of the site, unless a professional engineer
registered in the State of Montana certifies that the lowest point of any proposed structure
is located above the seasonal high groundwater level and provide supporting groundwater
data prior to the release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system. Sump pumps are also not allowed to be connected
to the drainage system unless capacity is designed into the drainage system to accept the
pumped water. Water from sump pumps may not be discharged onto streets, such as into
the curb and gutters where they may create a safety hazard for pedestrians and vehicles.”
SECTION 4 – BMC CODE PROVISION REQUIREMENTS
1. BMC 38.100.080. Compliance with regulations required. The Applicant is
advised that unmet Bozeman Municipal Code (BMC) 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 BMC or of State law.
2. 38.220.070. - Final plat.
a. The final plat must conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and
must be accompanied by all required documents, including certification from the
City Engineer that record drawings for public improvements were received, a
platting certificate, and all required and corrected certificates.
b. A letter from the City Engineer certifying that the following documents have been
received:
i. As-built drawings, i.e., copies of final plans, profiles, grades and
specifications for public improvements, including a complete grading and
drainage plan.
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c. Irrigation system as-builts. The developer must provide irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
d. A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
i. Be entitled "Conditions of Approval of the Eastlake Professional Center
Subsequent Minor Subdivision" with a title block including the quarter-
section, section, township, range, principal meridian, county, and city in
which the subdivision is located.
ii. Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks
from streams or riparian areas, floodplain boundaries, no-build areas,
building envelopes, easements or the use of particular parcels.
iii. Include a certification statement by the landowner that the text and/or
graphics shown on the conditions of approval sheet(s) represent(s)
requirements by the City of Bozeman for final plat approval and that all
conditions of subdivision application have been satisfied.
iv. Include a notation stating that the information shown is current as of the
date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local
regulations.
v. Include a notation stating that buyers of property should ensure that they
have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat, and that buyers of property are
strongly encouraged to contact the Community Development Department
and become informed of any limitations on the use of the property prior to
closing.
vi. List all associated recorded documents and recorded document numbers.
vii. List easements, including easements for agricultural water user facilities.
3. 38.220.310. - Property owners' association.
a. The responsibility of maintenance for the stormwater facilities, and street
frontage landscaping for the perimeter streets must be that of the property
owners’ association. Maintenance responsibility must include weed control, all
vegetative ground cover, boulevard trees and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets.
The property owners’ association must be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all perimeter
street frontage landscaping and stormwater facilities and all open space
landscaping.
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b. All public access areas to be owned and maintained by the property owners
association.
The final plat must contain the above listed notations on the Conditions of Approval sheet.
4. 38.600.160. - Administration of regulations.
The Applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers
regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) must be obtained by the Applicant prior to final plat submittal.
[The following numbers 5 through 10 are related to the request for concurrent construction
of infrastructure for the subdivision.]
5. 38.270.030. D.2 – Improvements Agreement. The property owner must enter into
an improvements agreement to ensure the installation of required infrastructure and other
applicable improvements, to be secured by any security or securities found in Section
38.270.080. If a financial security is used, the amount would be determined by the City and
in an amount not less than 150 percent of the cost of the improvements verified against
City publicly bid unit prices, where such are available. If no publicly bid unit prices are
available, any cost estimate acceptable to the City may be used. The security must be in
the name of the City and must be at least six months longer than the time of performance
required by the improvements agreement.
6. 38.270.030. D.4 – Improvements Agreement. Approval of the final engineering
design, including location and grade, for any public infrastructure must be obtained from
the Montana Department of Environmental Quality prior to issuance of any building permit
for the development.
7. 38.270.030. D.6 – Liability Assurances. The developer must provide and maintain
hazard and commercial general liability insurance. Insurance policies must not be cancelled
without at least 45 days prior notice to the City. The commercial general liability policy
must name the City as an additional insured. The developer must furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof.
8. 38.270.030. D.10 – Construction Period Service Provision. The developer must
execute a hold harmless and indemnification agreement indemnifying, defending and
holding harmless the City, its employees, agents and assigns from and against any and all
liabilities, loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section.
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9. 38.270.030. D.14 – Concurrent Construction Plan. Subsequent to preliminary
plat or plan approval, a concurrent construction plan, addressing all requirements of this
section, must be submitted for review and approval of the Community Development
Director in consultation with the City Engineer and with a recommendation from the
development review committee.
10. 38.240.400. A – Certificate of Completion on the Plat. Where improvements are to
be installed prior to final plat approval, the final plat of subdivision must contain a
certificate of completion of public improvements. The certificate must list all completed
and accepted improvements.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
On January 7, 2022, the Development Review Committee (DRC) determined that the Eastlake
Professional Center Subsequent Minor Subdivision Preliminary Plat Modification application, as
revised, conforms to Bozeman Municipal Code (BMC) standards, was adequate for public notice,
and is sufficient for approval by the City Commission with the above staff-recommended
conditions and code provisions.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission held a public hearing on this subsequent minor subdivision preliminary plat
on March 1, 2022 via WebEx at 6 PM. This Finding of Fact and Order public hearing is scheduled
for March 22, 2022. A WebEx link is expected to 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 code standards, State statutes, adopted plans, public comment, and all other relevant
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 38.240.130.A.5.e, 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 was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
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in the State of Montana. As noted in Condition of Approval No. 1, a 10-foot utility easement must
be released prior to final plat approval. Code Provision Numbers 1 and 2 assures that the final plat
would 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 Bozeman Municipal
Code. In Code Provision No. 1, 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 and
State standards. The listed code provisions address necessary documentation and compliance with
standards these. Therefore, upon satisfaction of all conditions and code corrections the subdivision
would comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The March 1, 2022, Bozeman City Commission public hearing was 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 would make the final decision on the subdivider’s request.
The Department of Community Development received a preliminary plat modification application
on November 29, 2021. The DRC reviewed the application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review of
the proposed subdivision. A revised application was received on and the DRC determined the
application was adequate for continued review on January 7, 2022 and recommended conditions
of approval and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, February 4. 2022 for postings on Sundays,
February 6 and February 13, 2022. The Applicant posted public notice on the subject property on
February 4, 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 4, 2022. No public comment had been received on this application as of the
writing of this report.
On February 14, 2022, staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat modification application with a recommendation of conditional
approval for consideration by the City Commission at their March 1, 2022 public hearing. The
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City Commission must make a final decision on a subsequent minor subdivision preliminary plat
within 60 working days of the January 7, 2022 date this application was deemed “adequate”, in
this case, the 60 working day period ends on April 4, 2022. This Finding of Fact and Order public
hearing before the City Commission is scheduled for March 22, 2022.
4) Compliance with BMC Chapter 38, MCA 76-3-608(3) (a), and other relevant regulations.
Community Development staff and the DRC reviewed the preliminary plat modification against
all applicable regulations and the application complies with the BMC and all other relevant
regulations with conditions and code corrections. This report includes Conditions of Approval and
required BMC 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 would 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.
MCA Criteria, Section 76-3-608 Compliance
1) The effect on agriculture
This subdivision would not impact agriculture. The property is currently undeveloped land,
covered in native grasses and there is no agricultural production on the property. The City of
Bozeman Community Plan Future Land Use Map designates the subject property as Regional
Commercial and Services which allows for commercial uses and the property is zoned B-2M,
Community Business District--Mixed.
2) The effect on Agricultural water user facilities
This subdivision would not impact agricultural water user facilities as no irrigation facilities
are present on the property. Condition No. 3 would assure that the underlying aquifer
contaminated by PCE solvent would not be disturbed by development of the property.
3) The effect on Local services
Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property.
It is anticipated that mains would be constructed to the west side of North 27th with the Billings
Clinic project, prior to Phase 1 construction per Condition of Approval No. 4.
Utilities – Utilities to serve the site would be constructed with Phase 1 and would connect to
the new mains to be constructed with the Billings Clinic development to the west.
NorthWestern Energy would be providing gas and electrical services to the proposed
subdivision.
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Streets – Improvements to North 27th Ave. from E. Valley Center Road to Honor Lane would
include full build out to City of Bozeman collector designation cross section standards and full
construction of Honor Lane from North 27th to the southeast corner of the property would be
constructed with Phase 1.
Police/Fire – The City’s Police and Fire emergency response area includes the subject
property. This subdivision does not impact the City’s ability to provide emergency services to
the property.
Stormwater – The subsequent minor subdivision would not significantly impact stormwater
infrastructure. Stormwater infrastructure would be constructed and would be managed by the
property owners’ association per Code Provision No. 7 and would be managed on an individual
lot basis.
Parkland – The proposed subdivision is wholly commercial and is not required to provide
parkland. If and when residential development occurs, parkland would be reassessed at that
time.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions would be made to
address the control of noxious weeds and maintenance of the property and would be further
addressed by inclusion in the existing protective covenants and compliance with the
recommended Code Provision No. 7.
5) The effect on Wildlife and wildlife habitat
The subdivision would not significantly impact wildlife and wildlife habitat. The subdivision
is zoned for commercial development and is surrounded by adjacent commercially-zoned
properties that are either developed or are in the early stages of development. There are no
known endangered or significant wildlife populations on the property.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required Code Provisions, the subdivision
would not significantly impact public health and safety. The intent of the regulations in Chapter
38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare.
The DRC reviewed the subsequent minor subdivision preliminary plat modification and
determined that, with the recommended conditions and code provisions, it is in compliance
with the BMC. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
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Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval
for reasonable mitigation of impacts from the proposed minor subdivision.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
Per Code Provision No. 1, the final plat would provide and depict all necessary utilities and
required utility easements.
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 would provide legal and physical access to each parcel within the subdivision. All
of the proposed lots would have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
BMC 38.220.060. Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan review
on September 16, 2020 and no waivers or variances were requested.
Staff offers the following summary comments on the documents required with BMC Article
38.220.060.
38.220.060. A.1 – Surface water
Although the subdivision is named “Eastlake” Professional Center, there is no lake or any surface
water on or in the vicinity of the site. Cattail Lake and Cattail Creek lie approximately one-quarter
mile to the southwest of the property (“as the crow flies”).
38.220.060. A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The elevation of the site is higher
than the elevation of the 0.2-percent annual chance flood. This subdivision would not be impacted
by floodplains.
38.220.060. A.3 - Groundwater
Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results
were provided with the application. Condition of Approval No. 6 prohibits the construction of
basements on individual lots which would mitigate the impacts of high groundwater on the site.
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38.220.060. A.4 - Geology, Soils and Slopes
This subdivision would not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060. A.5 - Vegetation
This subdivision would not significantly impact vegetation. No critical plant communities have
been identified on- site.
38.220.060. A.6 - Wildlife
This subdivision would not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas.
38.220.060. A.7 - Agriculture
This subdivision would not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Regional Commercial and Services and the Community Business District
– Mixed (B-2M) zoning designation allows for commercial uses. The lot is currently undeveloped
land, covered in native grasses and there is no agricultural production on the property.
38.220.060. A.8 - Agricultural Water User Facilities
This subdivision would not impact agricultural water user facilities. No irrigation facilities are
present on the lots.
38.220.060. A.9 - Water and Sewer
The subdivision would not significantly impact city water and sewer infrastructure. Water and
sewer improvements would be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060. A.10 - Stormwater Management
The subdivision would not significantly impact stormwater infrastructure. Stormwater
infrastructure would be constructed and would be managed and maintained by the property
owners’ association per Code Provision No.7.
38.220.060. A.11 - Streets, Roads and Alleys
The subdivision would not significantly impact the City’s street infrastructure and would provide
adequate improvements to support the development. Condition of Approval No. 2 would assure
adequate road improvements in the area.
38.220.060. A.12 – Non-Municipal Utilities
This subdivision would not significantly impact existing utilities. Utilities to serve the site would
be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings
Clinic development to the west. NorthWestern Energy would be providing gas and electrical
services to the proposed subdivision.
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38.220.060. A.13 - Land Use
The subdivision would not significantly impact land use. The proposed subdivision would create
four lots for commercial uses. The property is zoned B-2M, Community Business District –Mixed
and is designated as a commercial area in the Community Plan 2020. It is anticipated that the
commercial uses of the property would complement the adjacent 50-plus acre medical “campus”
proposed by the Billings Medical Center.
38.220.060. A.14 - Parks and Recreation Facilities
This proposed subdivision is commercial and would not require parkland dedication.
38.220.060. A.15 - Neighborhood Center Plan
This proposed subdivision is commercial and would not require a neighborhood center.
38.220.060. A.16 - Lighting Plan
A lighting plan was submitted with the application for this proposed subdivision. Site and street
lighting would be installed with Phase 1 and conform to City of Bozeman standards.
38.220.060. A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area.
38.220.060. A.18 - Affordable Housing
The subdivision is wholly commercial does not propose any housing.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate
the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat modification application was considered by the City
Commission at a public hearing on March 1, 2022 at which time the Department of
Community Development Staff reviewed the project, submitted and summarized code
evaluation of the application and summarized the conditions of approval.
D. The Applicant’s representative, Intrinsik Architecture, Inc., acknowledged understanding
and agreement with the recommended conditions of approval and code provisions.
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E. The City Commission requested public comment at the public hearing on March 1, 2022
and none was received. The linked minutes and recorded video of the meeting is located
at the following web paged filed under March 1, 2022:
https://www.bozeman.net/government/city-commission/city-commission-video
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat modification would comply with the requirements
of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the City
Commission makes the following decision.
G. The preliminary plat modification has been found to meet the criteria of Chapter 38, BMC,
and is therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter including
those identified in Section 3 of this report. The evidence contained in the submittal
materials, advisory body review and this report, justify the conditions imposed on this
development to ensure that the final plat and subsequent construction complies with all
applicable regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625, MCA. Pursuant to
BMC 38.240.130.A.5.f, the conditional-approval of this minor subsequent subdivision
preliminary plat shall be effective for one (1) year from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the
subdivider, grant an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this ______ day of ___________, 2022
BOZEMAN CITY COMMISSION
____________________________
Cyndy Andrus
Mayor
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ATTEST
_______________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
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21447 Staff Report for the Eastlake Professional Center Minor Subdivision Preliminary Plat Modification
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2M, Community Business District - Mixed. The intent of the B-
2M District is to function as a vibrant mixed-use district that accommodates substantial growth
and enhances the character of the City. This district provides for a range of commercial uses that
serve both the immediate area and the broader trade area and encourages the integration of multi-
household residential as a secondary use. Design standards emphasizing pedestrian-oriented
building designs are important elements of this district. This property is adjacent to the 50-plus
acre proposed Billings Clinic-Bozeman Medical Campus and it is anticipated that businesses
locating within this Eastlake Professional Center subdivision would be related and compatible
medical services or serving that clientele.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services. This category
designates places where the primary activity should be regional-serving and prominent commercial
uses requiring substantial infrastructure and location near significant transportation facilities.
Development within this category needs well-integrated utilities, transportation and open space
networks that encourage pedestrian activity and provide ready-access within and adjacent to
development.
This proposed subdivision is well-suited to implement the Regional Commercial and Services
designation based on the location near major thoroughfares and the adjacency to other commercial
and residential areas that are in various stages of development. The proposed subdivision would
blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects
N. 27th, across from the access to the future Billings Clinic Campus development, to the shared
use path, east of the property.
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Exhibit 5 – Community Plan Future Land Use Designations Correlating to Zoning Districts
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APPENDIX B – NOTICING
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City provided public notice for this application in the following
ways: (1) publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, February 6 and Sunday, February 13, 2022; (2) the Applicant posted public notice on the
subject property on February 4, 2022; and (3) 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 4, 2022. No public comment had been received
on this application as of the March 3, 2022 writing of this report.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Representative: Intrinsik Architecture, Inc., 111 North Tracy Ave, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner
Cody Flammond, Project Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified due to Condition of Approval No. 2 which requires
the Applicant to waive the right to protest creation of Special Improvement Districts for street
improvements near and serving the proposed subdivision. No presently budgeted funds would 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 #21447, as well as digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?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=21-447
Public Comment: None to date.
33
EASTLAKE PROFESSIONAL CENTER Preliminary Plat
Mod Narrative
November 2021
34
2 November 2021
Preliminary Plat MOD: Eastlake Professional Center
Table of Contents
1. Application Forms & Checklists
(Applications included - A1 Development Review, PP Subdivision Preliminary Plat, & N1 Noticing Checklist)
2. Project Team
3. Narrative
I. Project Overview
II. Project Details
III. Phasing Timelines
IV. Concurrent Construction Request
V. Modification to the Preliminary Plat Conditions of Approval
4. Appendices
Appendix A: Green Plan
Appendix B: Preliminary Plat
Appendix C: Phasing Plan
Appendix D: Release of Easement
Appendix E: Draft SID Waivers
Appendix F: Response to Conditions of Approval
Appendix G: Preliminary Plat Findings of Fact (21-016)
Appendix H: Weed Management Plan
Appendix I: Discharge Permit
Appendix J: SWPPP Confirmation
5. Plan Set
Civil
Preliminary Plat
Master Utility Plan
Site Survey
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3 November 2021
Preliminary Plat MOD: Eastlake Professional Center
1. Application Forms & Fees
The required A1, PP, & N1 forms for the Eastlake Professional Center Subdivision
Preliminary Plat Application have been included in the application materials. The
calculated fee total is outlined below.
COMPONENT FEE QUANTITY TOTAL
PP Base Fee (Minor Subdivision) $2,459 1 $2,459.00
Additional fee per lot subject to Site
Plan Review
$40 4 $160.00
TOTAL $ 2,619.00
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4 November 2021
Preliminary Plat MOD: Eastlake Professional Center
2. Project Team
OWNER Eastlake Professional Center LLC
Attn: Randy Scully
randy@scullywestproperties.com
5073 Patterson Road
Bozeman, MT 59718
p. 914.450.8803
APPLICANT ScullyWest Properties, LLC
Attn: Randy Scully
randy@scullywestproperties.com
5073 Patterson Road
Bozeman, MT 59718
p. 914.450.8803
PROJECT CONSULTANTS
Planning Intrinsik Architecture, Inc.
Attn: Tyler Steinway
tsteinway@intrinsikarchitecture.com
111 North Tracy Avenue,
Bozeman, MT 59715
p. 406.582.8988
Civil Engineering TD&H Engineering
Attn: Alex Edwards
Alex.Edwards@tdhengineering.com
234 East Babcock Street, Suite 3
Bozeman, MT 59715
p. 406.586.0277
Landscape Architect Design 5
Attn: Nate Beck
Nate@Design5la.com
37 East Main Street, Suite 10
Bozeman, MT 59715
p. 406.587.4873
37
5 November 2021
Preliminary Plat MOD: Eastlake Professional Center
3. Narrative
Executive Summary
We are submitting a material modification to our approved preliminary plat application
to allow us to enter into an improvements agreement for the outstanding road
improvements as allowed under UDC Section 38.270.030.B.1.b.2. Completion of
Improvements. This request is coupled with a Concurrent Construction request to begin
construction on the Medical Eye Specialist Clinic on Lot 4 prior to the completion of
these remaining street improvements. This request to financially guarantee and request
concurrent construction was not available when we initially submitted our preliminary
plat and thus results in a material modification to the plat, which requires re -review by
the City Commission. For more information on our concurrent construction request
please see Section IV.
I. Project Overview
The Subdivision Preliminary Plat to subdivide 7.65 acres (333,321 SF) of undeveloped
land into four (4) commercial lots was approved on June 8,2021. Subsequently, a site
plan was submitted (currently on public notice) for a Medical Eye Clinic located on lot 4.
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Preliminary Plat MOD: Eastlake Professional Center
Due to unforeseen circumstances and timing, it became apparent that all of the
necessary subdivision improvements weren't able to be completed prior to the asphalt
plant closing, which will ultimately results in a significant time delay in the start of
construction for the important Medical Eye Specialists clinic. It is our intent to
financially guarantee all remaining street improvements to allow the concurrent
construction request to be granted. Because this item was not requested in our original
preliminary plat application it constitutes a material modification to a plat, which
ultimately requires a new
decision by the review
authority.
II. Project Details
Please refer to Appendix G
for all relevant information
on the previously approved
preliminary plat.
III. Phasing Timelines
This project is proposed to
be constructed in five (5)
phases. Phase 1 is to be the
first phase constructed.
While Phases 2 - 5 are
numbered numerically, and
subsequently to Phase 1,
phases are not necessarily
intended to be constructed
in their numerical order. It
is the applicants intention
that Phases 1 - 5 may be
constructed concurrently or
independently of one
another.
Please see Appendix C for
an updated phasing plan providing additional details on the extent of each proposed
phase. The applicant is seeking to financially guarantee the remaining on site road
improvements in Phase 1. The future phasing expectations will be further developed in
the subsequent Final Plat submittal.
IV. Concurrent Construction Request
1. The city will have an opportunity to review and approve future proposed
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Preliminary Plat MOD: Eastlake Professional Center
development through a site plan review or planned unit development;
Response: Understood. A site plan application for the Medical Eye Specialists is
currently on public notice and a building permit application has been
submitted. It is understood that all future development/sites will be required
to go through the site plan review process.
2. The property owner must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be
secured by any security or securities found in section 38.270.080. If a financial security
is used, the amount will be determined by the city and in an amount not less than 150
percent of the cost of the improvements verified against city publicly bid unit prices,
where such are available. If no publicly bid unit prices are available, any cost estimate
acceptable to the city may be used. The security must be in the name of the city and
must be at least six months longer than the time of performance required by the
improvements agreement;
Response: The property owner is prepared to enter into an improvement ’s
agreement with financial security for 150% of the cost of improvements
acceptable to the City. The security will be made in the name of the City and
extend a minimum of 6 months beyond the anticipated completion date.
3. Improvements must be complete within two years of the date of the improvements
agreement;
Response: Public infrastructure improvements are anticipated to be complete
by June of 2022.
4. Approval of the final engineering design, including location and grade, for any public
infrastructure must be obtained from the engineering department, and the Montana
Department of Environmental Quality when applicable, prior to issuance of any
building permit for the development;
Response: Infrastructure approval has been granted by the City of Bozeman,
and DEQ review is underway. We anticipate DEQ approval will be granted very
soon.
5. Building permits may be issued incrementally, dependent upon the status of
installation of the infrastructure improvements. All building construction within the
development must cease until required phases of infrastructure improvements as
described in the improvements agreement have been completed, and inspected and
accepted by the city;
Response: Incremental phases as deemed necessary by the City are
acknowledged and building construction will be phased in accordance with the
improvements agreement.
6. The developer must provide and maintain hazard and commercial general liability
insurance. Insurance policies must not be cancelled without at least 45 days prior
notice to the city. The commercial general liability policy must name the city as an
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Preliminary Plat MOD: Eastlake Professional Center
additional insured. The developer must furnish evidence, satisfactory to the city, of all
such policies and the effective dates thereof;
Response: The developer will provide the required insurance and name the City
as additional insured.
7. The developer must recognize, acknowledge and assume the increased risk of loss
because certain public services do not exist at the site;
Response: The developer acknowledges this risk.
8. If public funds or other third party funding will be used to fund all or part of the
installation of infrastructure, the improvements agreement between the developer and
the city must identify the type or types of predetermined infrastructure funding. Public
or third party funding may include, but is not limited to reimbursement, payment up
front, creation of a special improvements district, or grants;
Response: No public funds are anticipated for this project.
9. No occupancy of any structures or commencement of any use constructed or
proposed within the boundaries of the development will be allowed until required
infrastructure improvements have been completed, inspected, and accepted by the city,
and a certificate of occupancy has been issued;
a. No occupancy of structures or commencement of any use is allowed when such action
would constitute a safety hazard in the opinion of the city;
Response: The applicant understands that all necessary improvements must be
completed and reviewed by the City prior to a Certificate of Occupancy being
issued for the development.
10. The developer must enter into an agreement with the city to address the provision
of any services on an interim basis during construction, if deemed appropriate;
Response: If deemed appropriate by the City, the applicant is willing to enter
into an agreement with the City to address provision of services.
11. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action, judgments
and damages resulting from or arising out of the issuance of a building permit under
this section;
Response: The applicant is aware of the risks associated with the concurrent
build process, and is willing to hold harmless the City against any and all
liabilities.
12. The developer must pay for any extraordinary costs associated with the project
which the city may identify, including, but not limited to, additional staff hours to
oversee the planning, engineering and construction of the project and infrastructure
improvements, inspection of the infrastructure improvements and any extraordinary
administrative costs;
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9 November 2021
Preliminary Plat MOD: Eastlake Professional Center
Response: Extraordinary costs are not anticipated for this project; however, the
developer agrees to cover costs if additional staff hours are deemed necessary
for inspection and project oversight.
13. The development must be under the control of a single developer and all work must
be under the supervision of a single general contractor. The developer and general
contractor must agree that there must be no third-party builders until required
infrastructure improvements have been completed, and inspected and accepted by the
city; and
Response: The development is under the control of a single developer, who will
maintain control of the project until all required infrastructure improvements
are complete, inspected, and accepted by the City. One general contractor will
supervise all work conducted on site.
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan,
addressing all requirements of this section, must be submitted for review and approval
of the community development director in consultation with the city engineer and with
a recommendation from the development review committee.
Response: Acknowledged. A concurrent construction plan will be provided
subsequent to preliminary plat approval.
V. Response to the Conditions of approval
Please see Appendix E for response to the preliminary plat conditions of
approval.
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DATE:REV DATEREVISIONEAST LAKE PROFESSIONAL CENTERBOZEMAN, MONTANAB16-089
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MONTANAWASHINGTONIDAHO
GREAT FALLS-BOZEMAN-KALISPELL-SHELBY
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NORTH DAKOTAWATFORD CITY
B16-089
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Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Contract
Documents for the 2022 Curb Replacement Project to AV Construction, Inc.,
for the Purpose of Replacing Curb and Gutter on West Garfield Street
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract
documents for the 2022 Curb Replacement Project to AV Construction, Inc.,
in the amount of $143,764.20
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
The project generally includes: removing and replacing curb and gutter on
West Garfield Street between South Grand Avenue and South Willson
Avenue and replacement of associated pedestrian ramps and storm drain
infrastructure.
The contract is to be completed within 30 calendar days of the issuance of
the notice to proceed.
Bids for the above-referenced project were opened on March 9, 2022 with 2
bids being submitted. The low bid was submitted by AV Construction, Inc. in
the amount of $143,764.20 for the base bid schedule 1 work. The Bid
Tabulation for the project is attached. This bid is commensurate with the
work involved. Executed contract documents will be available online and
retained in the City Clerk’s office.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:This project will be paid for with approved funding from the FY23 Annual
Curb Replacement Fund and the annual pedestrian ramp repair fund
Attachments:
AWARD.pdf
Bid Tab.pdf
46
Report compiled on: March 9, 2022
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NOTICE OF AWARD
Dated: __________________________
TO: AV Construction, Inc.
ADDRESS: P.O. Box 11966, Bozeman, MT 59719
PROJECT: City of Bozeman 2022 Curb Replacement Project
CONTRACT FOR: Schedule 1
You are notified that your Bid dated March 9th, 2022, for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a Contract for Curb replacement and associated
work on West Garfield Street.
The Contract Price of your Contract is: one hundred forty three thousand seven hundred sixty four
Dollars & 20/100 ($143,764.20).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by ________________ .
1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY: ____________________________
(CITY MANAGER) (CITY CLERK)
DATE: _______________________________
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NAME & ADDRESS Contractor License #Bid Price
AV Construction Inc
PO BOX 11966
Bozeman, MT 59719 157351 Yes N/A Yes $ 143,764.20
Treasure State, Inc
PO BOX 588
Belgrade, MT 59714 157069 Yes N/A Yes $ 148,420.00
Mike Maas Kellen Gamradt Taylor Chambers
City Clerk Engineer II Deputy City Clerk
Bid Check:Delivered to Finance:Accepted By:Date:
1
2
3
4
City of Bozeman BID - 2022 Curb Replacement
These bids were opened and read before the undersigned at 2:00 PM on Wednesday, March 9, 2022.
Addedum 1
Acknowledged
NON-DISCRIMINATION
AFFIRMATION BID BOND
DocuSign Envelope ID: 2D675AEE-3D96-4368-9C5A-77690D0C1DE0
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Utility Easement and a Sewer and
Water Pipeline and Access Easement and Agreement with Human Resource
Development Council of District IX, Inc. for the Community First Griffin Place
Site Plan, App. 21117
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement and Sewer and Water
Pipeline and Access Easement and Agreement with Human Resource
Development Council of District IX, Inc. for the Community First Griffin Place
Site Plan (21117).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:None
Attachments:
Sewer and Water Pipeline and Access Easement and
Agreement.
Utility Easement
Report compiled on: March 4, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign Two Drainage Easements, a Public Access
and Sewer Pipeline and Drainage Easement, a Public Street and Utility
Easement, and Utility Easements with Montana State University Innovation
Campus for the Industry Bozeman Site Plan, App. 21304
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Drainage Easements, Public Access and
Sewer Pipeline and Drainage Easement, Public Street and Utility Easement,
Utility Easements with Montana State University Innovation Campus for the
Industry Bozeman Site Plan (21304).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:None
Attachments:
Drainage Easement
Drainage Easement (2)
Public Access and Sewer Pipeline and Drainage Easement
Public Street and Utility Easement
Utility Easement
Utility Easement (2)
Report compiled on: March 8, 2022
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Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Water Resource Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Public Street and Utility Easement and
a Utility Easement with Rainbow Creek Rental Properties, LLC for the
Rainbow Creek Annexation, Application 18240
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement and
Utility Easement with Rainbow Creek Rental Properties, LLC for the Rainbow
Creek Annx (18240).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Street and Utility Easement
Utility Easement
Report compiled on: March 10, 2022
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Memorandum
REPORT TO:City Commission
FROM:Scott McMahan, Information Technology Director
SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement with
Gallatin County for a Business Continuity and Disaster Recovery Plan
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign the Memorandum of Agreement
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City desires to work with the County in developing Business Continuity
plans for each entity specifically in regards to Information Technology.
Business Continuity and Disaster Recovery are important components of the
resiliency that the City is striving to have in place for critical systems that will
allow the City to continue to function in the event of a disaster. By working
together we can get more value out of the our efforts.
UNRESOLVED ISSUES:None.
ALTERNATIVES:We can choose not to pool our resources and the City can work on their own
plan independently of the County.
FISCAL EFFECTS:$75,000 of ARPA funds that were allocated to this effort are being used. The
County is putting up $50,000 in funds for the effort.
Attachments:
gallatin county city of bozeman business continuity plan MOA
final.docx
Report compiled on: March 9, 2022
96
MEMORANDUM OF AGREEMENT FOR THE PURPOSE OF UTILIZING COOPERATIVE PURCHASING
OF SERVICES AND FUNDING THE CREATION OF BUSINESS CONTINUITY/DISASTER RECOVERY
PLANS FOR BOTH THE CITY OF BOZEMAN AND GALLATIN COUNTY.
This Memorandum of Agreement is entered into this day of , 2022, by and
between Gallatin County, hereinafter called the County; City of Bozeman, hereinafter called Bozeman.
WHEREAS, the parties to this agreement have a history of collaboration and sharing of certain
technology resources to serve the residents and visitors of our broad community; and
WHEREAS, the parties have technology-related operational interdependencies affecting
Bozeman and Gallatin County public safety, public welfare, and general government operations; and
WHEREAS, the parties have geographical and operational proximities that make them likely to
both be impacted by the same business disruptions and/or disasters at the same time; and
WHEREAS, the parties to this agreement have various common technology infrastructure; and
WHEREAS, the parties to this agreement recognize the importance of creating and
implementing compatible plans that allow quick recovery from disaster and the continuation of
business; and
WHEREAS, the parties to this agreement desire to work together to fund the integrated
development of Business Continuity/Disaster Recovery Plans by one mutual vendor to make both
entities more resilient to IT related disasters; and
WHEREAS, the parties to this agreement are both local government entities who are
authorized by the Montana Procurement Act to establish public contracts by utilizing cooperative
purchasing agreements (MCA 18-4-402); and
WHEREAS, the parties to this agreement desire to purchase the necessary services to develop
these compatible plans from the National Cooperative Purchasing Alliance (NCPA).
97
NOW, THEREFORE, IT BE RESOLVED that the parties herein do mutually agree as follows:
I.Good Faith Agreement. To work together in good faith to develop a mutually agreeable scope
of work and fundBusiness Continuity/Disaster Recovery Plans for both the County andBozeman
to position the County and Bozeman to be more resilient and able to recover from technology
related disasters. A scope of work will be created within 20-30 days after both the County and
Bozeman have signed this agreement. The project will begin promptly with the help of subject
matter experts.
II.Procurement. Bozeman will manage the procurement process and contract for the Business
Continuity/Disaster Recovery Plans. Bozeman shall provide copies of all procurement related
information and any resulting contracts to the other parties to thisagreement.
III.Participation. County to provide a minimum of one and up to two representatives to assist
Bozeman with administration of the Business Continuity/Disaster Recovery Plans project.
Administration of the Business Continuity/Disaster Recovery Plans project shall include
consultant procurement, selection, contracting, and reviews of the consultant’swork.
IV.Cost Share. To share the cost for the Business Continuity/Disaster Recovery Plans as outlined
below based on a nominal total contract cost of $125,000. As the party managing the contract,
Bozeman will invoice the other parties for their equitable share ofcosts.
Jurisdiction Financial Contribution
City of Bozeman $75,000
Gallatin County $50,000
V.Changes in Agreement. Any alteration, extension, or supplement to the terms of this
agreement, as detailed herein, shall be agreed to in writing by the signatory parties.
VI.Termination of Agreements. A signatory party may terminate its interest and obligations under
this Agreement by giving at least sixty (60) days’ notice in writing to the other parties; however,
after a contract is signed with a consultant to conduct the Business Continuity/Disaster Recovery
Plans, no party to this agreement may terminate their obligation to fund their agreed upon
proportional cost of the Business Continuity/Disaster Recovery Plans.
VII.Representatives and Notices.
A.Bozeman’s Representative: Bozeman’s Representative for the purpose of this
Agreement shall be Scott McMahanor such other individual as Bozemanshall designate
in writing. Whenever approval or authorization from or communication or submission
to Bozeman is required by this Agreement, such communication or submission shall be
directed to Bozeman’s Representative and approvals or authorizations shall be issued 98
only by such Representative; provided, however, that in exigent circumstances when
Bozeman Representative is not available, County may direct its communication or
submission to other designated Bozeman personnel or agents as designated by
Bozeman in writing and may receive approvals or authorization from such persons.
B.County Representative: County’s Representative for the purpose of this Agreement
shall be Matt Bunko or such other individual as County shall designate in writing.
Whenever direction to or communication with County actor is required by this
Agreement, such direction or communication shall be directed to County’s
Representative; provided, however, that in exigent circumstances when County’s
Representative is not available, Bozeman may direct its direction or communication to
other designated County personnel or agents.
C.Notices:All notices required by this Agreement shall be in writing and shall be
provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful
transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
VIII.Nondiscrimination and Equal Pay: The Parties agrees that all hiring by the Parties of persons
performing this Agreement shall be on the basis of merit and qualifications. The Parties will have
a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex distinction. The
Parties shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
The Parties represents they are, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal 99
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
The Parties shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
IX.Consent to Electronic Signatures. The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
Signatures for Agreement with the preceding MOA for the purpose of funding Business
Continuity/Disaster Recovery Plans
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Authorized Representative of Gallatin County:
By (print):
Title:
Date Signed:
Authorized Representative from the City of Bozeman:
By (print):
Title:
Date Signed:
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Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Coordinator
David Fine, Economic Development Program Manager
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with HRDC for
Warming Center Operations
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:I move to authorize the City Manager to sign the Grant Agreement with
HRDC for Warming Center Operations
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:"HRDC operates an overnight, seasonal shelter in Bozeman. Recently, HRDC
was granted additional grant funding from the State of Montana for Day
Center operations, allowing the facility to be open during daytime hours to
offer showers, laundry, peer support activities, computer access, housing
services, etc. This has benefited the Bozeman community greatly and
positively impacted the business community. However, the number of
people without housing in the valley has grown exponentially since the onset
of COVID-19. The need for shelter is not limited to the colder months and
has far surpassed a seasonal overnight shelter. HRDC proposes an
investment from the City of Bozeman to extend overnight shelter operations
from 5 months to 12 months per year. In 2021, Bozeman lost seven
community members due to exposure to the outdoor elements...While a
larger facility and 24/7/365 plan are in the works, this [grant] will allow
[HRDC] to at least extend overnight shelter services throughout the year."
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:$75,000 of CARES funds that were allocated to this effort are being used.
The County is contributing $50,000 in funds for the effort. The total value of
the grant award is $241,920.
Attachments:
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Grant Agreement HRDC for Warming Shelter - 03102022 gs 3
11 22.docx
HRDC Grant Application.pdf
Copy of 2021-2022 BWC Yr-Round Costs.pdf
Report compiled on: March 11, 2022
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FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 1
GRANT AGREEMENT
HRDC – Warming Center
THIS AGREEMENT is made and entered into this ____ day of __________, 2022 (“Effective
Date”), by and between the City of Bozeman, Montana, a self-governing municipal corporation
located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as Grantor and Human Resources
Development Council of District IX, Inc. (“HRDC”), a Montana nonprofit corporation located at
32 South Tracy Ave., Bozeman Montana 59715 as Grantee. Collectively City and HRDC may be
referred to herein as the “Parties.”
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, HRDC submitted a proposal to the City Commission for a grant of up to $241,920 for
operating a warming shelter at property leased by HRDC to serve as a warming shelter (the
“Property”) on land located at 2015 Wheat Drive, Bozeman Montana (the “Land”); and
WHEREAS, the City Commission finds there is a compelling public interest in alleviating the
need for emergency housing in the community as described in HRDC’s proposal and that the
project will serve a public purpose.
THE PARTIES AGREE:
1.Grant. The City will grant and release to HRDC a sum of up to two hundred forty one
thousand nine hundred twenty dollars ($241,920) from its Workforce Housing Fund (the
“Grant”) pursuant to the payment terms in Section 3.
2.Use of Grant Funds. Grant funds will be used by HRDC for the sole purpose of operating
a Community Warming Center as described in HRDC’s grant request dated January 6,
2022 (the “Project”), attached hereto as Exhibit A and by this reference incorporated
herein. The Parties understand and agree this Agreement is for operational costs
associated with the Community Warming Center and in no way supersedes or amends
the Grant Agreement entered into between the Parties for costs related to construction
activities at the Project dated April 20, 2020.
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3.Payment of Grant Funds
a. HRDC will invoice the City for up to $241,920 to receive payment, subject to the
terms of this Agreement.
b. Any funds from the Grant not awarded during the term of this Agreement will
remain in the City’s Workforce Housing Fund and will be available for other
appropriation.
4.Term. The term of this Agreement will commence on the Effective Date and expire on
October 31, 2022. unless earlier terminated as provided herein.
5.Repayment of Grant Funds.
a.Use of Property for a Public Purpose. The City is agrees to grant the Grant funds
only for the purposes described in HRDC’s grant request attached as Exhibit A.
6.Grantee Representations
a. HRDC has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect HRDC’s performance under this
Agreement.
b. HRDC represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement; and
that its performance of this Agreement shall not infringe upon or violate the
rights of any third party, whether rights of copyright, trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate
any federal, state and municipal laws. The City will not determine or exercise
control as to general procedures or formats necessary for HRDC to meet this
warranty.
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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c. HRDC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
d. HRDC represents and warrants to the City the Leased Property will be used as a
Community Warming Center as described in HRDC’s proposal, attached hereto
as Exhibit A.
7.Permits and Compliance with Laws. HRDC will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with
construction or installation of the Improvements. Without limiting the foregoing, HRDC
will request and seek to obtain from the City or other appropriate governmental
authority all necessary land use, zoning, and building permits. HRDC will comply in all
material respects with all applicable environmental laws and regulations applicable to
the construction, installation, and operation of the Improvements, will obtain any and
all necessary environmental reviews, licenses or clearances under, and will comply in all
material respects with, environmental laws and regulations. In addition, HRDC shall
comply fully with all applicable state and federal laws, regulations, and municipal
ordinances related to worker safety including but not limited to the Occupational Safety
and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and
electrical codes, and the Americans with Disabilities Act.
8.Worker’s Compensation Insurance. HRDC shall provide in its construction contracts
related to the Project with all of its respective contractors that such contractors are to
be covered by a Worker’s Compensation insurance program with the State, a private
insurance carrier, or an approved self-insurance plan in accordance with State law.
9.Reports/Accountability/Public Information. If Grant funds are paid to HRDC, HRDC will
provide to the City a formal written report that includes, at a minimum, the proof of
expenses paid. HRDC agrees to develop and/or provide such other documentation as
requested by the City demonstrating HRDC’s compliance with the requirements of this
Agreement. HRDC must allow the City, its auditors, and other persons authorized by the
City to inspect and copy its books and records for the purpose of verifying that monies
provided to HRDC pursuant to this Agreement were used in compliance with this
Agreement and all applicable provisions of federal, state, and local law. HRDC will retain
such records for ten (10) years after receipt of final payment under this Agreement
unless permission to destroy them is granted by the City. HRDC shall not issue any
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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statements, releases or information for public dissemination without prior approval of
the City.
10.Independent Contractor Status. The Parties agree that HRDC, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any
purpose. HRDC and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City’s personnel policies handbook and may
not be considered a City employee for workers’ compensation or any other purpose.
HRDC, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
11.Default and Termination. If HRDC fails to comply with any condition of this Agreement
at the time or in the manner provided for, the City may terminate this Agreement if the
default is not cured within fifteen (15) days after written notice is provided to HRDC.
The notice will set forth the items to be cured. If this Agreement is terminated pursuant
to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC
for the Project. In the event of termination under this Section 17, HRDC shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, damages
of any nature arising, or claimed to have arisen, as a result of the termination.
12.Limitation on HRDC’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by HRDC under this Agreement, HRDC’s
damages shall be limited to contract damages and HRDC hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event HRDC wants to assert a claim for damages of any kind or nature,
HRDC must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event HRDC fails to provide such
notice, HRDC shall waive all rights to assert such claim.
13.Representatives
a.City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the Economic Development Program Manager for Housing
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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and Development or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, HRDC may direct its
communication or submission to other designated City personnel or agents and
may receive approvals or authorization from such persons.
b.HRDC’s Representative. HRDC’s Representative for the purpose of this
Agreement shall be Heather Grenier or such other individual as HRDC shall
designate in writing. Whenever direction to or communication with HRDC is
required by this Agreement, such direction or communication shall be directed
to HRDC’s Representative; provided, however, that in exigent circumstances
when HRDC’s Representative is not available, City may direct its direction or
communication to other designated HRDC personnel or agents.
14.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC
agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, expenses,
action or other proceeding whatsoever including reasonable defense attorney fees, (i)
arising or purportedly arising out of, or resulting or purportedly resulting from, the
construction or installation of the Improvements, any violation by HRDC of any
agreement, condition or covenant of this Agreement, the maintenance and operation of
the Project, or the presence on any portion of the Land, of any dangerous, toxic or
hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii)
which is proximately caused by HRDC or its officers, agents, contractors, consultants or
employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). HRDC’s indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against HRDC to
assert its right to defense or indemnification under this Agreement or under HRDC’s
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines HRDC was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
HRDC also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, HRDC shall at HRDC’s expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by HRDC in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by HRDC in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and HRDC shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days of
HRDC’s receipt of notice that any required insurance coverage will be terminated or
HRDC’s decision to terminate any required insurance coverage for any reason.
15.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex,
age, marital status, national origin, actual or perceived sexual orientation, gender
identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
16.Public Meetings and Access to Public Records
a. Meetings of HRDC that pertain to the receipt or expenditure of Grant funds from the
City are subject to the open meeting requirements of Montana law, including those
set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure
compliance, HRDC will provide agendas for meetings that pertain to the receipt or
expenditure of Grant funds covered by this Agreement to the City Clerk’s office no
later than 72 working hours prior to meeting for notice on the City’s official posting
board and any other sites deemed reasonable by the Clerk’s office. In addition,
meeting minutes will be kept by HRDC and provided to the City Clerk’s office no later
than 90 days after the meeting. These minutes shall be posted and made available
to the public by the City Clerk’s office except for those minutes taken during a closed
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting
shall also be provided to the City Clerk’s office but shall be handled in accordance
with the City Clerk’s regular executive session protocol and kept private in a secured
cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, HRDC shall make
such records available for inspection and copying by members of the public. HRDC
may charge for such copying in accordance with the policies of the City, which HRDC
hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in HRDC documents is protected
by law from disclosure, HRDC may seek a determination of the City Attorney at no
cost to HRDC. Such request and determination shall not create an attorney-client
relationship between HRDC and the City.
17.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
18.Integration and Modification. This document contains the entire agreement between
the Parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both Parties.
19.Dispute Resolution
a. Any claim, controversy, or dispute between the Parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the Parties, the Parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
20.No Assignment. HRDC may not subcontract or assign HRDC’s rights, including the right
to Grant payments, or any other rights or duties arising hereunder, without the prior
written consent of City.
21.Successors Bound By Agreement; No Third Party Beneficiary. Subject to compliance
with Section 26, this Agreement will inure to the benefit of and be binding upon the
Parties and their respective successors in interest and permitted assignees. This
Agreement is for the exclusive benefit of the Parties, does not constitute a third-party
beneficiary agreement, and may not be relied upon or enforced by a third party.
22.Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
23.Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
24.Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
25.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
26.30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
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FY 2022 Grant Agreement – HRDC for Community Warming Center
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IN WITNESS WHEREOF,the Parties hereto have executed this instrument the day and year
indicated below.
CITY OF BOZEMAN
_______________________ Date: __________
Jeff Mihelich, City Manager
HRDC
_______________________ Date: __________
Heather Grenier, President and CEO
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
113
FY 2020 Grant Agreement – HRDC for Community Warming Center Exhibit A
Exhibit A
Grant Request
114
FY 2020 Grant Agreement – HRDC for Community Warming Center Exhibit B
Exhibit B
Cost of Improvements
115
2/15/22, 9:52 AM Mail - Renata Munfrada - Outlook
https://outlook.office365.com/mail/archive/id/AAQkADU4NjliNTY5LWU3ZDEtNDAxNi04ODFhLTFlNjIyZDlkN2IyYgAQAJfc%2F7aihLpOhTwGEbrX8zg…1/3
FW: Community Housing Fund Funding Request Application Submission Entry
David Fine <DFine@BOZEMAN.NET>
Fri 2/11/2022 2:08 PM
To: Renata Munfrada <rmunfrada@BOZEMAN.NET>
Renata –
Please use the grant template form to start pu ng this grant together.
David Fine | City of Bozeman Economic Development
C: 406.551.0209 |dfine@bozeman.net | www.bozeman.net | he / him / his
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, January 6, 2022 3:25 PM
To: sriggs@bozeman.net; Lacie Kloosterhof <LKloosterhof@BOZEMAN.NET>; David Fine <DFine@BOZEMAN.NET>
Subject: Community Housing Fund Funding Request Applica on Submission Entry
A new entry to a form/survey has been submi ed.
Form Name:Community Housing Fund: Funding Request Applica on
Date & Time:01/06/2022 3:24 PM
Response #:8
Submi er ID:47465
IP address:47.47.186.198
Time to complete:49 min. , 2 sec.
Survey Details
Page 1
Community Housing Fund Scoring Sheet
Community Housing Alloca on Process
1.Organiza on Seeking Funding
Organiza on Name HRDC District IX, Inc.
Address 32 South Tracy Avenue
Contact Name Heather Grenier
Contact Phone Number (406) 587-4486 ext. 4891
Contact Email Address hgrenier@thehrdc.org
2.Project Informa on
Project Name Warming Center
Loca on of Project 2015 Wheat Drive
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Project Descrip on
HRDC operates an overnight, seasonal shelter in Bozeman. Recently, HRDC was granted addi onal grant funding from
the State of Montana for Day Center opera ons, allowing the facility to be open during day me hours to offer
showers, laundry, peer support ac vi es, computer access, housing services, etc. This has benefited the Bozeman
community greatly and posi vely impacted the business community. However, the number of people without
housing in the valley has grown exponen ally since the onset of COVID-19. The need for shelter is not limited to the
colder months and has far surpassed a seasonal overnight shelter. HRDC proposes an investment from the City of
Bozeman to extend overnight shelter opera ons from 5 months to 12 months per year. In 2021, Bozeman lost seven
community members due to exposure to the outdoor elements. We can do be er as a community in caring for every
member. While a larger facility and 24/7/365 plan are in the works, this will allow us to at least extend overnight
shelter services throughout the year.
Project Timing April 1 - October 31, 2022
Which Community
Housing Ac on Plan
Strategy/Ac on Item Does
This Project Address?
Permanent suppor ve housing and transi onal housing
# of Affordable Dwelling
Units to be
Generated/Renovated
120
Area Median Income %
Targeted
Shelter guests span all income levels, however are most o en referenced as very low
income, indica ng an income range of 0-30% Area Median Income.
Project Partners (if
applicable)
Not answered
3.Indicate how this project ensures permanent or long term affordability
[×] Other
Please Explain
Shelter services ensure emergency community infrastructure is in place. This expands that community infrastructure
from seasonal to year-round for one season.
Page 2
4.Project Funding (Please a ach budget at the end of the applica on)
Total Project Budget $985,500
5.Primary Project Funding Sources
1.Community Dona ons/Fundraising
$ Amount $561,000
2.State of Montana
$ Amount $125,000
3.EFSP
$ Amount $31,000
Amount Requested From
Community Housing Fund
$241,920
6.Which Project Elements Will Funds Be Used For? (a ach line item budget if needed)
1.Overnight shelter team
$ Amount $241,920
2.Not answered
$ Amount Not answered
117
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3.Not answered
$ Amount Not answered
7.Type of Funding Requested
(○) Grant
8.If you selected Grant, would you consider a Loan if Grant was not available?
(○) No
9.Would you accept 50% of your requested amount?
(○) Yes
10.Would you accept 25% of your requested amount?
(○) Yes
11.Could the Grant / Loan be split among mul ple years?
(○) No
12.When would the funds requested need to be received in order to op mize the benefit of the funds requested for
the project?
April 1, 2022
13.Have you received community housing funding assistance in the past 5 years?
(○) Yes
Page 3
14.Addi onal Informa on
What is the level of
urgency behind the
funding request?
Cri cal
If Community Housing
Funds are not allocated to
this project, how does
impact the project?
Overnight shelter will remain seasonal in nature, offered November 1 through March 31
annually, con ngent upon funding.
15.Addi onal Documenta on (i.e. Cover le er, budget, project descrip on, le ers of support, etc...)
Copy of 2021-2022 BWC Yr-Round Costs.pdf
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
118
BWC Year Round Costs
Scenario 1: No change to staffing costs
Revenue Budget Balance Scenario 1 staffing prelim
Donations ($516,000.00) ($(636.21)
Fundraising Income ($45,000.00)
City of Bozeman ($241,920.00) Source: FE, most recent budget in the drive, staffing cost sheets, staffing prelim.
Other program support ($66,000.00)
State of Montana ($125,000.00)
EFSP ($31,000.00)
Total expected revenue ($1,024,920.00)
Expenses ($414,720.65) $34,560.05 overnight shelter staffing cost/month
Admin/Allocations Costs ($43,248.00)
Salaries ($531,674.77) ($291,413.26) BWC (includes on-call)pulled from prelim. staffing costs Staffing Structure
($81,509.00) DC Program FTE Role
($71,046.37) DIC BWC 2.25 lead $21/hr
($87,706.14) CoB Outreach 3.53 support $20/hr
Fringe ($126,674.92) ($73,307.39) BWC (includes on-call)DC 1 lead
($16,091.05) DC DIC 1 recovery specialist
($12,593.14) DIC 0.5 psh counselor
($24,683.34) CoB Outreach CoB 1 outreach specialist
Construction/Rehab ($40,000.00) 1 ESS HN
Contract Services ($6,000.00) All ESS - mgr 1 ESS mgr
Fundraising Expense ($2,000.00) All ESS - hsg director 0.25 Hsg Dir
Furniture/Fixtures ($40,000.00) total 11.53
Hotel/Motel Vouchers ($10,000.00)
Housing Placemement Support ($12,640.04)
Legal ($400.00)
License+Permit Fees ($200.00)
Outreach & Marketing ($3,000.00)
Prop Insurance ($3,857.00)
Prop Interest ($20,000.00)
Prop Maintenance ($1,800.00)
Prop Rent/repairs ($132,000.00)
Prop Utilities ($28,640.00)
Space/Communications ($2,921.48)
Supplies/equipment/misc.($15,000.00)
Training ($3,000.00)
Travel ($500.00)
Volunteer Recognition ($2,000.00)
Total expenses ($1,025,556.21)
monthly cost ($85,463.02)
119
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, LLC (AE2S) for Providing
for On-call Engineering Services at the City of Bozeman Water Treatment
Plant
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement
with the firm of AE2S providing for on-call engineering services at the City of
Bozeman Water Treatment Plant.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The current FY22-FY25 Water Fund CIP includes project W57 which allots
$30,000 of annual funding in each fiscal year of the Water Fund CIP for
water treatment plant (WTP) facility engineering and optimization. This CIP
project provides annual funding for engineering services that may arise from
time to time during normal operations and maintenance of the WTP,
equipment, and controls.
A formal procurement action was initiated pursuant to state law and city
policy in order to select a qualified engineering consulting firm to perform
on-call services for project W57 on an as needed basis. Upon review of
statements of qualifications received in response to the city’s request for
qualifications, the engineering consulting firm of AE2S was selected as most
qualified.
The attached task order based professional services agreement (PSA) is the
appropriate contracting vehicle for project W57. This form of PSA requires
negotiation of individual task orders prior to performing engineering services
on projects that arise over the term of the contract and as budget is
available. The initial contract term expires December 31, 2022 but may be
extended upon mutual agreement of the parties for an additional fiscal year.
In no case, however, will the contract extend beyond December 31, 2024.
UNRESOLVED ISSUES:None
120
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:The FY22 WTP budget provides a specific $30,000 line item for professional
services for project W57. Subsequent recommended annual fiscal budgets
for the WTP will continue to contain this line item so long as it is remains in
future Water Fund CIPs.
Attachments:
Professional Services Agreement
Report compiled on: March 7, 2022
121
Professional Services Master Task Order Agreement for WTP On-Call Engineering Services
Page 1 of 11
PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
THIS AGREEMENT is made and entered into this _____ of December, 2021, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized
and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and, ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC, 1288
N. 14th Avenue, Unit 103, Bozeman, Montana 59715, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter into this agreement with Contractor to provide a range
of professional and technical services related to operations and maintenance of the City of Bozeman
Water Treatment Plant and supporting facilities, including but not necessarily limited to engineering
design, preparation of construction documents, project bidding, and construction administration
services for various improvement projects, as requested by the City through issuance of individual,
consecutively numbered Task Orders on an as needed and requested basis.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and
will expire on December 31th, 2022 unless extended or terminated as specifically provided for within
the agreement.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the specific services and corresponding cost and schedule as mutually agreed upon by
City and Contractor and included in each individual Task Order executed under the authority of this
Agreement. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this
Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically
provided otherwise, the Agreement governs. Contractor may use or rely upon design elements and
information ordinarily or customarily furnished by others, including, but not limited to, specialty
contractors, manufacturers, suppliers, and the publishers of technical standards.
4. Payment: The terms of compensation to Contractor shall be agreed upon and included
in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders.
Any alteration or deviation from the described services that involves additional costs above the
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Agreement amount will be performed by Contractor after written request by the City, and will become
an additional charge over and above the amount listed in the Scope of Services. The City must agree
in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. For each individual Task Order, Contractor will familiarized itself with the nature and
extent of the assignment, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope of
Services and will provide a mutually agreeable Scope of Services for each Task Order.
b. Contractor represents to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional, competent
and timely manner and with diligence and skill ordinarily used by member in the same profession
practicing at the same time and in the same locality; that it has the power to enter into and perform
this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and
municipal laws. The City will not determine or exercise control as to general procedures or formats
necessary to have these services meet this standard of care.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of
Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, and hold the City harmless from any and all claims, demands,
costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with
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any labor problems or disputes or any delays or stoppages of work associated with such problems or
disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any
negligent, reckless, or intentional misconduct of any of the Contractor’s agents;
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this
indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate
extent of the Contractor’s actual liability obligation hereunder.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
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In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except “responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA or caused by the “negligence,
recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per
28-2-2111 MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
· Workers’ Compensation – statutory;
· Employers’ Liability - $1,000,000 per occurrence and annual aggregate;
· Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
· Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual
aggregate; and
· Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a thirty
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(30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be terminated
or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement or
any individual Task Order under this Agreement and the Contractor’s right to proceed with
all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may
then take over the work and complete it, either with its own resources or by re-letting the
contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement; the City may
terminate this Agreement or any Task Order under this Agreement by written notice to
Contractor (“Notice of Termination for City’s Convenience”). The termination shall be
effective in the manner specified in the Notice of Termination for City’s Convenience and
shall be without prejudice to any claims that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
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otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement or any Task Order under this Agreement and make every reasonable effort to
refrain from continuing work, incurring additional expenses or costs under this Agreement or
any Task Order under this Agreement and shall immediately cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may be
necessary to preserve, protect, and maintain work already completed or immediately in
progress.
c. In the event of a termination pursuant to this Section 13, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Griffin Nielsen, PE or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or submission to City
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is required by this Agreement, such communication or submission shall be directed to Brian
Heaston as the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Scott Buecker or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
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Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled
to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include
City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
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26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one fiscal year by written agreement of the Parties. In no case, however, may this Agreement run
longer than December 31, 2024.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ADVANCED ENGINEERING AND
ENVIRONMENTAL SERVICES, LLC
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Brian J. Viall, PE
Operations Manager
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Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Execute a Professional Services Agreement
with HDR Engineering for Providing On-call Engineering Services at the City
of Bozeman Water Reclamation Facility
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement
with the firm of HDR providing for on-call engineering services at the City of
Bozeman Water Reclamation Facility.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The adopted FY22-FY23 Wastewater Fund CIP includes project WW70 which
allots $60,000 in each fiscal year for WRF facility engineering and
optimization. The project provides annual funding for engineering services
that may arise from time to time during normal operations and maintenance
of the WRF’s BNR process, equipment, and controls. A formal procurement
action was initiated pursuant to state law and city policy in order to select a
qualified engineering consulting firm to perform on-call services for project
WW70 on an as needed basis. Upon review of statements of qualifications
received in response to the city’s request for qualifications, the engineering
consulting firm of HDR was selected as most qualified.
The attached task order based professional services agreement (PSA) is the
appropriate contracting vehicle for project WW70. This form of PSA requires
negotiation of individual task orders prior to conducting work on projects
that arise over the term of the contract. The initial contract term expires
December 31, 2022 but may be extended upon mutual agreement of the
parties for up to two additional years. In no case, however, will the contract
extend beyond December 31, 2024.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:The adopted FY22-FY23 Wastewater Fund CIP provides $60,000 in each fiscal
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year to fund professional services related to WRF facility engineering and
optimization. Subsequent recommended annual fiscal budgets for the WRF
will continue to contain this line item so long as it is remains in future
Wastewater Fund CIPs.
Attachments:
Professional Services Agreement
Report compiled on: March 7, 2022
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, Inc. (AE2S) for 2022
Drought Tool Improvements
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, Inc. (AE2S) for 2022
Drought Tool Improvements.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In 2015, the City’s Water Conservation Division entered into a Professional
Services Agreement with AE2S for the development of the 2017 Drought
Management Plan and accompanying drought assessment tool. The drought
tool - a key component to ongoing drought monitoring efforts, compiles
selected local and regional water supply parameters for evaluation,
generating a drought score for each parameter. The drought score of each
parameter is weighted and collectively used to generate an overall drought
score that corresponds to drought stages outlined in the 2017 Drought
Management Plan.
The City has utilized the drought tool since the adoption of the 2017 Drought
Management Plan. The City’s first formally declared drought occurred in the
summer of 2021. Since that time, staff have identified a number of
opportunities to improve the drought tool through the incorporation of
additional local and regional water supply indicators. Additional local water
supply indicators include Lick Creek snow water equivalent to evaluate mid-
elevation snowpack, Gallatin River streamflow near Gallatin Gateway to
evaluate stream flows upstream of agricultural diversions, and local
evapotranspiration data which corresponds directly to increased water
demand in the City. Additional regional water supply indicators include the
Evaporative Demand Drought Index (EDDI) and Standardized Precipitation
Evapotranspiration Index (SPEI). The EDDI and SPEI are becoming more
widely utilized drought indicators throughout the West due to their ability to
evaluate not only precipitation (as many other drought indices do), but also
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the impacts of temperature and evapotranspiration.
The drought tool is the foundation upon which the Water Conservation
Division monitors local water supplies to make proactive, data driven
decisions regarding drought stage declaration recommendations. The
improvements to the drought tool outlined in this Professional Services
Agreement will provide staff with improved data to more accurately monitor
and evaluate the City’s municipal water supplies.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total project costs to the Water Conservation Division professional services
fund shall not exceed $36,360.00.
Attachments:
PSA_AE2S_2022 Drought Tool Improvements.pdf
Exhibit A_Scope of Work_2022 Drought Tool
Improvements.pdf
Report compiled on: March 10, 2022
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Professional Services Agreement for 2022 Drought Tool Improvements
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2022,
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Advanced Engineering and Environmental Services,
Inc. (AE2S) 1288 N 14th Ave Unit 103, Bozeman Montana 59715, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Zach Magdol, Operations Manager, or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
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directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three (3) years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ADVANCED ENGINEERING AND
ENVIRONMENTAL SERVICES, INC.
(AE2S)
By________________________________ By__________________________________
Jeff Mihelich, City Manager Zach Magdol, Operations Manager
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APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A:
Scope of Services
Scope and Fee Description
for
2022 Bozeman Drought Tool Improvements
March 2022
AE2S Project Number: 05097-2022-00
159
Exhibit A
Scope and Fee Description
Bozeman Drought Model Improvements 2022
2
Project Objectives and Deliverables
The objective of this project is to update and expand the City’s Drought Tracking Tool to incorporate additional
hydrologic indicators.
Key deliverables include:
Re-calibration meeting
Revised Drought Tracking Model spreadsheet and OptX site
Scope & Fee Description
Task 1 – Update Local Hydrologic Indicators
1.1 SNOTEL
Add Lick Creek SNOTEL data to drought model calculation and OptX data viewer
Revise OptX programming to compute 14-day rolling average SWE for all SNOTEL data
1.2 USGS Gauge 06043500 (Gallatin River near Gallatin Gateway)
Add gauge 06043500 data to drought model calculation and OptX data viewer based on 14-day rolling average
1.3 AgriMet
Add AgriMet station “BOZM” data to OptX data viewer (modified Penman ET)
Add probability distribution to spreadsheet to compare current value to historical data (1990 through present) –
data will be incorporated into the drought scoring in a future contract
Task 2 – Update National & Regional Drought Indices
2.1 EDDI
Add EDDI to OptX data viewer
Compare and tabulate drought scores for 5 historical drought periods to EDDI scoring
2.2 SPEI
Add SPEI to OptX data viewer
Compare and tabulate drought scores for 5 historical drought periods to SPEI scoring
2.3 Standardized SWE
Add averaged Standardized SWE for the Gallatin and Bridger mountain areas to OptX data viewer
Compare and tabulate drought scores for 5 historical drought periods to Standardized SWE scoring
Task 3 – Drought Dashboard Upgrade
3.1 Reformatting and Revising
Cleanup excel dashboard viewer to make more user-friendly
Develop a daily drought score tracking spreadsheet within excel workbook
Cleanup excel back-end calculations to streamline future model updates
160
Exhibit A
Scope and Fee Description
Bozeman Drought Model Improvements 2022
3
Hour and Fee Estimate by Subtask
Magdol -
PM
Strombeck -
QC
Stock -
Programmer
Billing Category ENG IV ENG V ENG II
2022 Billing Rate 203 215 148
Fee
1.1 SNOTEL 1 1 20 $3,378
1.2 Gallatin Gateway Streamflow 1 1 20 $3,378
1.3 AgriMet 1 1 30 $4,858
Task 1 - Local Hydrologic Indicators 3 3 70 $11,614
2.1 EDDI 1 1 30 $4,858
2.2 SPEI 1 1 30 $4,858
2.3 Standardized SWE 1 1 30 $4,858
Task 2 - National & Regional Indices 3 3 90 $14,574
Task 3 - Dashboard Upgrade 4 16 40 $10,172
Total 10 22 200 $36,360
Task HOURS
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Resolution 5374 Intent to Vacate and Abandon a Portion of Red Wing Drive
Entirely Within Railroad Right of Way Adjacent to Frontage Road, Gallatin
County, Montana
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Resolution 5374, Intent to Vacate and Abandon a Portion of Red Wing Drive
Entirely within Railroad Right of Way Adjacent to Frontage Road, Gallatin
County, Montana
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City of Bozeman received a petition to abandon the described portion of
Redwing Drive. The petition was accepted by the Commission at it's regular
meeting on February 1, 2022. The Engineering Division reviewed the
abandonment by the criteria set forth in Commission Resolution 3628. A
preliminary staff report is attached. The final staff report will be presented at
the public hearing for this abandonment which is scheduled for April 19,
2022 as detailed in Resolution 5374.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None recommended.
FISCAL EFFECTS:None.
Attachments:
20220322_Prelim Staff Report.pdf
Resolution 5374 -Resolution of Intent.pdf
Exhibit A.pdf
NOTICE OF INTENT TO VACATE.pdf
Adjacent Property owners.pdf
Temporary Access Plan_Redwing Drive.pdf
Existing Utilities Exhibit.pdf
Report compiled on: March 2, 2022
162
163
REDWING DRIVE ABANDOMENT
CITY ENGINEERING STAFF REPORT
This report addresses the proposed discontinuance, abandonment and vacation of
the portion of Redwing Drive located in the Southwest quarter Southwest quarter
(SW¼ SW¼) of Section twenty-five (25), North half Northwest quarter (N½ NW¼),
Southeast quarter Northwest quarter (SE¼ NW¼), Southwest quarter Northeast
quarter (SW¼ NE¼) and Northwest quarter Southeast quarter (NW¼ SE¼) of
Section thirty-six (36), Township one (1) South, Range five (5) East, Montana
Principal Meridian, Bozeman, Montana and entirely contained within the railroad
right of way and illustrated in Exhibit A.
Background
At the February 1, 2022 City Commission meeting, the City of Bozeman officially
received a petition to abandon the described portion of Redwing Drive. The
Engineering Division reviewed the abandonment by the criteria set forth in
Commission Resolution 3628.
The petitioner is working to develop the North Park Master Plan. As part of that
development the petitioner is working with the railroad on improvements within
the railroad right of way in the location of Redwing Drive. To complete these
improvements and the related development of the North Park Master Plan they are
requesting that the City abandon this portion of Redwing Drive. Montana Rail Link
(MRL) and the Montana Department of Transportation support this abandonment
as it will eliminate an unsignalized, at grade railroad crossing. Elimination of at
grade railroad crossings, particularly unsignalized ones, provides improved public
safety. The City has received comments from adjacent residents in support of the
elimination this crossing as it will eliminate the need for train whistles.
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Impact on Public and Private Utilities
The City of Bozeman has existing water and sewer facilities within the railroad right
of way. The City of Bozeman has separate permits with the railroad for these
facilities: (1) for a sanitary sewer main (Permit# 600015), and (2) for a water main
(permit# 600167). MRL has confirmed that these permits provide for access to the
pipelines on railroad property regardless of whether Redwing Drive is abandoned
as a public roadway easement. Review of the City’s water and sewer master plans do
not include any improvements that would be effected by the proposed
abandonment.
Several private utilities were identified in the existing railroad easement and within
the Redwing Drive easement as shown in the attached Existing Utilities Exhibit.
Abandonment of Redwing Drive will not impact the ability of these utilities to
remain in the railroad right of way as they have separate agreements with the
railroad.
Impact on Traffic & Accessibility
The North Park Master Plan established the future road network that will provide
access to the adjacent properties and allow development of the area. The Redwing
Drive easement that is proposed to be abandoned exists entirely within the railroad
right of way and does not provide access or connectivity to any other properties.
There is no plan to utilize this right-of-way for future improvements mentioned in
the City’s transportation master plan. Abandonment of this portion of Redwing
Drive will eliminate an un-signalized railroad crossing.
Two private companies and the City of Bozeman currently use Redwing Drive to
access sites adjacent to Redwing Drive. The petitioner will provide new access to
these sites. The permanent access is detailed in the master site plan for the area. The
petitioner will also provide temporary access to these sites as detailed in the
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attached Temporary Access Plan. This plan supersedes the plan initially presented
in the petition. Letters of consent are included in the attached petition.
Impact on Fire, Police, and Other Emergency Services
No impact to these services were identified.
Impact on Garbage Collection and Maintenance
No impact to these services identified.
Alternatives to Vacation
None identified. As mentioned the approved site plan for the North Park
development creates new road connections that far better serve this area than the
current Redwing Drive.
Recommendation
Staff recommends abandonment of the easement as proposed. The abandonment
provides benefit to the City and the public reducing the risk posed by the
unimproved railroad crossing. It can be done without detriment to the public
interest and is the preferred alternative.
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Version April 2020
RESOLUTION 5374
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE PORTIONS OF REDWING DRIVE
LOCATED IN THE SOUTHWEST QUARTER SOUTHWEST QUARTER (SW¼ SW¼)
OF SECTION TWENTY-FIVE (25), NORTH HALF NORTHWEST QUARTER (N½
NW¼), SOUTHEAST QUARTER NORTHWEST QUARTER (SE¼ NW¼), SOUTHWEST
QUARTER NORTHEAST QUARTER (SW¼ NE¼) AND NORTHWEST QUARTER
SOUTHEAST QUARTER (NW¼ SE¼) OF SECTION THIRTY-SIX (36), TOWNSHIP
ONE (1) SOUTH, RANGE FIVE (5) EAST, MONTANA PRINCIPAL MERIDIAN AND
CONTAINED ENTIRELY WITHIN THE RAILROAD RIGHT OF WAY, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon the portion of Redwing Drive that lays entirely within the
right of way of Burlington Northern Santa Fe Railroad adjacent to Frontage Road, as shown in
Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject road easement can be
vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said right-of-ways.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
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Version April 2020
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the portions of the road easement described below:
A strip of land sixty (60) feet wide in the Southwest quarter Southwest quarter (SW ¼
SW ¼) of Section twenty-five (25), North half Northwest quarter (N ½ NW ¼), Southeast
quarter Northwest quarter (SE ¼ NW ¼), Southwest quarter Northeast quarter (SW ¼
NE ¼) and Northwest quarter Southeast quarter (NW ¼ SE ¼) of Section thirty-six (36),
Township one (1) South, Range five (5) East, Montana Principal Meridian, the center
line of which is described in a general way as follows: Beginning at a point on the east
line of said Northwest quarter Southeast quarter (NW ¼ SE ¼) where the same is
intersected by a line drawn parallel with and distant one hundred five (105) feet
southwesterly, when measured at right angles, from the center line of the main track of
the Northern Pacific Railway Company as the same is now constructed and operated;
thence northwesterly along the said parallel line to a point in the northwest quarter
northwest quarter (NW ¼ NW ¼) of said Section thirty-six (36); thence curving to the
right and crossing said center line of main track at a point fifty-three (53) feet
southeasterly form the north line of said northwest quarter northwest quarter (NW ¼
NW ¼) when measured along said center line of main track.
All as shown on the attached Exhibit A.
The vacation shall not affect the right of any public utility to continue to maintain existing utilities
and equipment in the street right-of-ways.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in
Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the
affected property owners, which notice shall state the time and place at which objections will be
heard.
168
Version April 2020
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at
the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on
Tuesday, the 19th day of April, 2022, at the hour of 6:00 p.m. of said day is the time and place
where and when the City Commission will hear all objections to the vacating of said street right-
of-way. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting
may be held online using Webex or other technology.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
169
170
NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 22nd day of
March 2022, the City Commission of the City of Bozeman, Montana, duly and regularly passed
and adopted Commission Resolution No. 5374, entitled:
COMMISSION RESOLUTION NO. 5374
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION
OF SAID COMMISSION TO DISCONTINUE, ABANDON AND
VACATE PORTIONS OF RED WING DRIVE LOCATED IN THE
SOUTHWEST QUARTER SOUTHWEST QUARTER (SW ¼ SW ¼) OF
SECTION TWENTY-FIVE (25), NORTH HALF NORTHWEST
QUARTER (N ½ NW ¼), SOUTHEAST QUARTER NORTHWEST
QUARTER (SE ¼ NW ¼), SOUTHWEST QUARTER NORTHEAST
QUARTER (SW ¼ NE ¼) AND NORTHWEST QUARTER
SOUTHEAST QUARTER (NW ¼ SE ¼) OF SECTION THIRTY-SIX
(36), TOWNSHIP ONE (1) SOUTH, RANGE FIVE (5) EAST,
MONTANA PRINCIPAL MERIDIAN AND CONTAINED ENTIRELY
WITHIN THE RAILROAD RIGHT OF WAY, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 19th day of April 2022
at 6:00 p.m. at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman,
Montana, is designated as the time and place to hear objections to the vacation of the street right-
of-way more particularly described in the Resolution of Intention, and is the time and place for
any person whose property abuts upon the portion of the street rights-of-way affected by the
proposed vacation to appear and object, if they wish to do so. Due to the City’s Declaration of
Emergency for the Covid-19 Pandemic, this meeting may be held online using Webex or other technology.
DATED this ##th day of March 2022.
___________________________________
MIKE MAAS
City Clerk
Legal Ad
Publish: 3/##/2022, 3/##/2022
171
Legal Description Property Owner Name Contact Name Contact Address
S36, T01 S, R05 E, COS2153A, Tract 1-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS2153A, Tract 2-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS2153A, Tract 4-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS3019, Area 6 State of Montana, DNRC Ryan Weiss PO Box 201601, Helena, MT
59620-1601
Railroad Right of Way Burlington Northern Santa Fe as
successor to Northern Pacific Railroad
Nick Bailey, P.E.,
Montana Rail Link
101 International Dr,
Missoula, MT 59808
Right of Way Montana Department of Transportation Jean A. Riley, P.E.2701 Prospect, PO Box 201001,
Helena, MT 59620
ZAL-MT08_SIMMENTAL (cell tower identifier)Crown Castle Sharry Bendel 1220 Augusta Drive Suite 500,
Houston, TX 77057
N/A NorthWestern Energy Pat Patterson 121 E Griffin Dr, Bozeman, MT
59715
Adjacent Property Owners
* See EXHIBIT A for Title Report
172
MANLEYFR
O
NTA
GE
7THRED W
IN
G
INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL
FLORAF A R M V I E W
REEVESSACCOORVILLE
RAWHIDE
GALLATIN PARK
WHEATCOMMERCEI
NTERSTATE 907TH0 0.25 0.5Miles
March 2nd, 2022 Red Wing Drive Abandonment
Redwing DriveRetain (within City ROW)
Abandon (within MRL ROW)
Northwestern EnergyCrown Castle
Temporary Utility Access
We propose to construct a temporaryaccess road within a public accesseasement extending from the retainedportion of Red Wing Drive along theexisting parcel lines. This temporary roadwill provide access to the City ofBozeman, NorthWestern Energy, andCrown Castle sites. The road will beconstructed to Gallatin County's gravelroad standards, with 16' and 12' roadwidths.
Proposed Temporary Access
Crown Castle Access to be Abandonded
City of Bozeman Water PRV
173
EXHIBIT ANORTH050SCALE:1" = 100'10050174
EXHIBIT BNORTH050SCALE:1" = 100'10050NORTH175
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5380 Intent to Create a Special Improvement Lighting District 771
for Bozeman CoHousing
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5380, Intent to Create Special
Improvement Lighting District #771 for Bozeman CoHousing
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
176
estimated to cost $32.41 per acre within the district or $139.68 annually for
the entire district, or on an average size lot of 230,737 square feet the
annual estimated cost would be $139.68, which is payable semiannually
Attachments:
Resolution_5380-Intent_to_Create_SILD_771 (1).docx
Exhibit A-Bozeman CoHousing.pdf
Exhibit B-Bozeman CoHousing.pdf
Report compiled on: March 8, 2022
177
Page 1 of 10
RESOLUTION 5380
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
771 (BOZEMAN COHOUSING)DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Bozeman CoHousing (the
“District”) for the purpose of maintenance and energy costs.The district will pay the maintenance
and energy costs for one (1) Signify Lumec Domus Small LED 30 watt single down swept
luminaire on round tapered steel poles,mounted at 10-18 ft.height per City of Bozeman standards;.
The poles will be black powder coated over steel. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $11.64 per 30 watt LED fixture. This calculates
to $139.68 annually.
Section 2
Number of District.The District, if the same shall be created and established, shall be known and
178
Resolution 5380, Intent to Create Lighting District 771
Page 2 of 10
designated as Special Improvement Lighting District No. 771 (Bozeman CoHousing) of the City
of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5.The annual maintenance and energy costsare estimated at $139.68, and shall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
of streets, avenuesand alleys.The total area of the District to be assessed is 5.297acres, or 230,737
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
179
Resolution 5380, Intent to Create Lighting District 771
Page 3 of 10
shall be $26.37 or $0.000605 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $139.68, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $120.76 per acre, or $0.002772 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
180
Resolution 5380, Intent to Create Lighting District 771
Page 4 of 10
contract.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (April 11, 2022) written protest against the proposed maintenance and energy costs,
or against the extension or creation of the District or both, and this Commission will at its next
regular meeting after the expiration of the fifteen (15) days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting
will be held on April 19, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N
Rouse Ave.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on March 27, 2022 and April 3,
2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said
notice to every person, firm, corporation, or the agent of such person, firm, or corporation having
real property within the District listed in his or her name upon the last completed assessment roll
for state, county, and school district taxes, at his last-known address, on or before the same day
such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
181
Resolution 5380, Intent to Create Lighting District 771
Page 5 of 10
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
182
Resolution 5380, Intent to Create Lighting District 771
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5380, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 771 (BOZEMAN COHOUSING) DECLARING IT TO BE
THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on March 22, 2022, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call and
notice of such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 23
rd day of March, 2022.
___________________________________
MIKE MAAS
City Clerk
183
Resolution 5380, Intent to Create Lighting District 771
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 771
(BOZEMAN COHOUSING)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 19, 2021, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5380 to create Special Improvement Lighting District No. 771 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to BOZEMAN
COHOUSING, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5380 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and
energy costs for one (1) Signify Lumec Domus Small LED 30 watt single down swept luminaire
on round tapered steel poles, mounted at 10-18 ft height per City of Bozeman standards;. The
poles will be Black Powder Coat over steel. The initial monthly charge per fixture per month (the
“Monthly Charge”) is estimated as follows: $11.64 per 30 watt LED fixture or. This calculates to
$139.68 annually.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge is $11.64
per year for the entire District. The total area of the District to be assessed is 5.297 acres, or
230,737 square feet, exclusive of parks and open space. The initial costs of the Improvements per
acre shall be $26.37, or $0.000605 per square foot. On an average size lot of 230,737 square feet
the annual estimated cost would be $139.68 which is payable semiannually. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service
184
Resolution 5380, Intent to Create Lighting District 771
Commission and may be increased to cover extraordinary expenses of repair and maintenance.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assess in the
same manner as the Improvements resulting in a cost not to exceed $120.76 per acre, or $0.002772
per square foot.
On Tuesday, March 22, 2022, at 6:00 p.m., in the Commission Room at City Hall
121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to
hear and pass upon all written protests against the creation or extension of the District, or
the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic,
this meeting may be held online using Webex or other technology.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on April
11, 2022.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 25th day of March, 2022.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
185
Resolution 5380, Intent to Create Lighting District 771
Sunday, March 27, 2022
Sunday, April 3, 2022
186
Resolution 5380, Intent to Create Lighting District 771
RESOLUTION 5380
Resolution of Intent to create SILD No. 771 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to BOZEMAN COHOUSING, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 771, as listed in Exhibit "B", on Friday, March 25, 2022,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 25
th day of March, 2022.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
187
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WAGONWHHELROAD&CONCORDDRIVEDesigner
BD
Date
08/24/2021
Scale
Not to Scale
Drawing No.
Summary
1 of 1
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
(HOR) Intersection - Wagonwheel Road and Concord
Drive 0.6 fc 3.4 fc 0.0 fc N/A N/A
(VER) Light Trespass - Concord Drive N 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Concord Drive S 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road E 0.0 fc 0.1 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road NW 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road SW 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Pedestrian Crossing - Wagonwheel Road E 2.9 fc 5.3 fc 0.6 fc 8.8:1 4.8:1
(VER) Pedestrian Crossing - Wagonwheel Road W 0.0 fc 0.0 fc 0.0 fc N/A N/A
Schedule
Symbol Label Image Quantity Manufacturer Catalog Number Description NumberLamps LumensPer Lamp Light LossFactor Wattage Plot
A
1 SIGNIFY LUMEC DOS-30W16LED3K-T-
LE4F-HS
DOMUS, 3000K, TYPE LE4F OPTIC, FLAT
GLASS, INTERNAL SHIELDS
1 2253 1 37.57
189
Exhibit B-Bozeman CoHousing.xlsx 3/9/2022/10:54 AM
ACTUAL
Acct #Phase Blk Lot Sq Ft Owner Owner Address
274660 1 3120 Wagonwheel Rd 230,737 Bozeman COHO LLC 318 S 129th Ave, Bozeman MT 59715
230,737.32
Address
BOZEMAN COHOUSING
190
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:Ordinance 2090 Final Adoption of the 1919 Bridger Drive Zone Map
Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and
East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2,
Residential Moderate Density District, Application 21123
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally adopt Ordinance 2090, 1919 Bridger Drive Zone Map Amendment,
Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story
Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential
Moderate Density District, Application 21123.
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 public hearing on the application for annexation and establishment of
initial zoning of R-2 was held on July 20, 2021 and was approved. The
property is currently zoned “Residential Suburban” within the county.
Nearby municipal zoning includes Residential Single-Household Low Density
(R-1) to the north and Residential Suburban (R-S) to the south. Land to the
east and west is unincorporated and zoned “Residential Suburban” within
the county. The future land use map in the Bozeman Community Plan
designates the property as “Urban Residential” which the R-2 district serves
to implement. The adjacent road rights-of-way was annexed with previous
annexations. There is an existing home on the parcel.
The public hearing packet materials are available on the City Commission
agenda for the July 20, 2021 meeting.
Provisional adoption of Ordinance 2090 was on March 1, 2022.
UNRESOLVED ISSUES:None.
191
ALTERNATIVES:As identified by the Commission.
FISCAL EFFECTS:No budgeted funds will be affected by this action.
Attachments:
21123 1919 Bridger ZMA Ordinance 2090.docx
201386 - ZMA (executed) - 2022.01.25.pdf
Report compiled on: February 9, 2022
192
Ord 2090
Page 1 of 5
ORDINANCE 2090
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH
INITIAL MUNICIPAL ZONING OF R-2, RESIDENTIAL MODERATE DENSITY, 1919
BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION 21123.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish an initial municipal zoning in association with annexation of
0.5557 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on June 28, 2021 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21123, the 1919 Bridger Drive Zone Map Amendment, be
approved as requested by the applicant; and
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Ordinance No. 2090, 1919 Bridger Drive ZMA
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on July 20,
2021, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested R-2 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation,all submitted public comment, and all other relevant
information.
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Ordinance No. 2090, 1919 Bridger Drive ZMA
Page 3 of 5
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of the 1919 Bridger
Drive Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-2, Residential Moderate Density District:
The property is described as:
Lots 34, 35, and 36, Ed Vogel Subdivision No. 1, [Plat E-47], according to the plat thereof,
on file and of record in the office of the Clerk and Recorder, Gallatin County Montana; and
located in the Southeast Quarter of Section 32, Township 1 South, Range 6 ion 32,
Township 1 South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana.
And further described as follows: of P.M.M., City of Bozeman, Gallatin County, Montana,
and further described as follows: Beginning in the Northwest corner of said Lot 36; thence
Easterly 091°41'11", assumed azimuth from North, 74.89 feet along the North line of said
Lots 34, 35, and 36 to the Northeast corner of said Lot 34; thence Southerly 181°41'42"
azimuth, 322.96 feet along the East line of said Lot 34 to the Southeast corner of said Lot
34; thence Westerly 271°42'55" azimuth, 75.02 feet along the South line of said Lots 34,
35, and 36 to the Southwest corner of said Lot 36; thence Northerly 001°43'05" azimuth,
322.92feet along West line of said Lot 36 to the point of beginning.
Area = 24,206 square feet, 0.5557 acres or 2,248.8 square meters. Subject to existing
easements.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
195
Ordinance No. 2090, 1919 Bridger Drive ZMA
Page 4 of 5
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
196
Ordinance No. 2090, 1919 Bridger Drive ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the1st day of March, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, ___, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
197
t
25 Jan.
198
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2107 Provisional Adoption of the 2021 W. Lamme Street Zone
Map Amendment to Amend 0.978 Acres from R-4 Residential High Density
District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme,
and 216 N. 3rd Avenue, Application 21356
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisional adoption of Ordinance 2107 as presented.
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 City Commission conducted a public hearing on February 8, 2022 with
this application as Action Item H.1. The discussion on this item begins at 18
minutes into the recording of the meeting. The packet materials including
staff report and application begin on page 571.
After concluding the public hearing and discussing the applicable criteria the
City Commission granted preliminary approval for this application on a vote
of 3-2.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2107.pdf
ZMA Map_24X36.pdf
Report compiled on: March 2, 2022
199
Ord 2099
Page 1 of 5
ORDINANCE 2107
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE
0.978 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO B-3
DOWNTOWN BUSINESS DISTRICT, AS THE 2021 W LAMME STREET ZONE MAP
AMENDMENT, APPLICATION 21356.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 24, 2022 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21356, the 2021 W Lamme Street Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on February
8, 2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
200
Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments
Page 2 of 5
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested B-3 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
201
Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments
Page 3 of 5
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
21356 the 2021 W Lamme Street Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
B-3, Downtown Business District:
The property is described as:
A parcel of land, being Lots 6-10 and Lots 13 and 15 in Block C of Tracy's Third
Addition to Bozeman as shown on Plat C-18H, and portions of West Beall Street, North
3rd Avenue and West Lamme Street, said parcel located in the Northwest Quarter of
Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of
Bozeman, Gallatin County, Montana and being further described as follows:
Commencing at the northwest corner of Lot 10 in Block C of Tracy's Third Addition to
Bozeman; thence North 89°05'53” West, on the westerly extension of the north line of
said Lot 10, 26.00 feet to the Point of Beginning; thence North 01°03'07" East, on the
centerline of North 3rd Avenue, a distance of 87.19 feet; thence South 88°41'46" East on
the centerline of West Beall Street, a distance of 165.82 feet; thence South 01°00'24"
West on the east line of Lot 6 and the northerly and southerly extensions of said line, a
distance of 256.13 feet; thence North 89°05'14" West, on the centerline of West Lamme
Street, a distance of 166.02 feet; thence North 01°03'07" East on the centerline of North
3rd Avenue, a distance of 170.07 feet to the Point of Beginning.
The described parcel has an area of 0.978 acres, more or less. All as depicted on the 2021
W Lamme Street Zone Map Amendment map.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
202
Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments
Page 4 of 5
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ___________ 2022.
203
Ordinance No. 2107, 2021 W Lamme Street Zone Map Amendments
Page 5 of 5
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is ____, ______________,
2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
204
N01°03'07"E 170.07'N89°05'14"W 166.02'S01°00'24"W 256.13'
N01°03'07"E 87.19'S88°41'46"E 165.82'REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:21066ZMA4REV DATE
2021 W. LAMME ZONE MAP AMENDMENT
BOZEMAN, MONTANA
B21-0662/16/22.DWG24x36CJB, SCA406.586.0277 • tdhengineering.com
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 ZONING B-3 (PREVIOUSLY ZONED R-4)A parcel of land, being Lots 6-10 and Lots 13 and 15 in Block C of Tracy's Third Addition to Bozeman as shown on Plat C-18H, and portions of West Beall Street, North3rd Avenue and West Lamme Street, said parcel located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City ofBozeman, Gallatin County, Montana and being further described as follows:Commencing at the northwest corner of Lot 10 in Block C of Tracy's Third Addition to Bozeman; thence North 89°05'53” West, on the westerly extension of the northline of said Lot 10, 26.00 feet to the Point of Beginning; thence North 01°03'07" East, on the centerline of North 3rd Avenue, a distance of 87.19 feet; thence South88°41'46" East on the centerline of West Beall Street, a distance of 165.82 feet; thence South 01°00'24" West on the east line of Lot 6 and the northerly andsoutherly extensions of said line, a distance of 256.13 feet; thence North 89°05'14" West, on the centerline of West Lamme Street, a distance of 166.02 feet; thenceNorth 01°03'07" East on the centerline of North 3rd Avenue, a distance of 170.07 feet to the Point of Beginning.The described parcel has an area of 0.978 acres, more or less. The described parcel is as shown on the accompanying exhibit and is along with and subject to anyexisting easements.A TRACT OF LAND BEING LOTS 6-10 & LOTS 13 & 15 IN BLOCK C OF TRACY'S THIRD ADDITION TO BOZEMAN ASSHOWN ON PLAT C-18H, & PORTIONS OF WEST BEALL STREET, NORTH 3RD AVENUE AND WEST LAMME STREET,LOCATED IN THE NW 1/4 OF SECTION 7, T2S, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAAREA: 0.978 ACRES(COMPUTED AREA IN SQUARE FEET = 42,591)205
Memorandum
REPORT TO:City Commission
FROM:Nakeisha Lyon, AICP, Associate Planner, Development Review Division
Brian Krueger, Manager, Development Review Division
Anna Bentley, AICP, Interim Director, Community Development Department
SUBJECT:Parklands at the Village Downtown Major Subdivision Preliminary Plat Lot 1,
Block 1 Findings of Fact and Order, Application 21419 (Quasi-Judicial)
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Approve and authorize the Mayor to sign the Findings of Fact and Order on
behalf of the City Commission, denying the Lot 1, Block 1 of the Parklands at
the Village Downtown Major Subdivision Preliminary Plat as minimum
zoning regulations are not met.
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. 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.
As a provision of Sec. 38.220.030, BMC, the applicant submitted a pre-
application plan with required submittal materials, and waivers, for review
206
prior to the formal subdivision preliminary plat application submittal to the
City. The Development Review Committee (DRC) completed a subdivision
pre-application plan review on July 16, 2021 and provided the associated
memorandum for their review on July 20, 2021 via email to the applicant
and representative of record. Several comments were noted regarding
compliance with standards including the following pertaining to minimum
density requirements:
The zoning district of R-4 requires a minimum density of eight (8) dwelling
units per net acre. Based on the overall net acreage of the Parklands at
Village Downtown Subdivision, twenty-three (23) dwelling units must be
provided to meet the minimum density requirements. Block 2 is proposed to
be subdivided into nine (9) single-family residential lots, with previous
indications that Block 1 was for multi-family development, which is not
depicted within this submittal. Fourteen (14) dwelling units must be
provided within Block 1 in order to meet the minimum requirements for
density. Accessory dwelling units do not count towards the minimum density
calculations. Please address this issue accordingly.
In response to this comment, the representative of record requested a
Director’s Interpretation, on July 27, 2021, to formally determine whether
an accessory dwelling unit (ADU) may count towards meeting the zoning
district’s minimum density requirements. On August 30, 2021, Staff provided
the following determination via email to the applicant and representative of
record, per specific communication from the former Community
Development Director, Martin Matsen:
In regards to the Community Development Director’s Interpretation for
whether Accessory Dwelling Units (ADUs) may be counted towards meeting
the applicable zoning district’s minimum density requirements submitted on
July 27, 2021, at this time, per Marty Matsen’s direction, Staff will be moving
forward with the existing staff interpretation that ADUs do not count
towards meeting this requirement. This existing interpretation will be
further addressed within future updates to the Bozeman Municipal Code.
Nonetheless, per Matsen’s direction, given the unique development pattern
within the Parklands and the Village Downtown, ADUs would be a great
additional housing type within the area to provide potentially more
affordable housing options for our community. Therefore, staff is amenable
to allowing the ADUs to count towards the minimum density requirements
as part of this development application. In order to do so, a condition of
approval will be included as part of the preliminary plat and final plat
entitlements.
The condition will state the following (this is subject to change per legal
review): accessory dwelling units (ADUs) may count towards meeting the
minimum density requirements applicable to the subject property, only if
each lot will have an ADU that is permitted separately from the principal
207
structure. The City of Bozeman will not issue building permits for any of the
lots unless proportionate ADUs are built.
Upon this administrative direction, the applicant and representative of
record submitted a Preliminary Plat application on November 23, 2021 with
the DRC finding the application to be sufficient for continued review with
recommended conditions and code provisions on January 25, 2022. 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.
The CDB acting in their capacity as the Planning Board considered
compliance of the application with the applicable review criteria and growth
policy on February 7, 2022, and voted 7 to 2 to recommend approval of this
Preliminary Plat Major Subdivision to the City Commission with applicable
conditions and code provisions. During the public comment period related
to this application of the CDB public meeting, one public comment was
received related to the proposed subdivision which noted concerns with the
subdivision meeting parklands requirements, and the condition of accessory
dwelling units being utilized to meet density requirements. Additionally, the
CDB members expressed their concerns with the accessory dwelling unit
condition of approval and enforcement of the development of these units,
use to contribute to diverse rental or housing stock, accessory dwelling unit
size limitation, density requirements, and wetlands. Further details and
staff’s analysis of these comments are included below in this report.
In response to the CDB concerns, staff revised the ADU condition of approval
to include clarification regarding the building permitting process for the
ADUs and the enforcement through utilization of certificate of occupancies
to ensure the construction of the dwelling units as described below:
a. Accessory dwelling units (ADUs) may count towards meeting the
minimum density requirements for the Residential High Density zoning
district (R-4) that is applicable to the lots indicated within this
proposed development, only if:
i. An ADU is constructed on each lot;
ii. An attached ADU is permitted through the Building Department
under the same building permit for the principal structure;
iii. A detached ADU is permitted through the Building Department
separately from the principal structure; and,
iv. Applicable building permits for the principal structure and
detached ADU are applied for and approved concurrently. The
City of Bozeman will not issue certificates of occupancy for any
of the principal structures on the lots unless an ADU has also
been constructed.
The CDB proceedings may be viewed here.
After receiving an adequacy determination on the preliminary plat
208
application on January 31, 2022, the applicant requested expedited review
per 76-3-623 Montana Code Annotated (MCA) and represented that the
project meets all applicable requirements for such review. Under the
expedited subdivision review, the final decision for the preliminary plat must
be made in 35 working days after adequacy of the application. Therefore,
the deadline for a final decision is March 16, 2022.
As the final review authority, the City Commission is required to approve,
conditionally approve or deny the subdivision application by March 16,
2022, unless there is a written extension from the developer, not to exceed
one year. The City Commission public hearing to consider this preliminary
plat was held on for March 1, 2022 at 6:00 pm via WebEx. No member of the
public spoke at the hearing. After the City Commission reviewed and
considered the application materials, staff report, advisory review board
recommendations, previous public comment, and all the information
presented, they made alternative findings to those in the staff report and
voted 2 to 3 to approve the motion. The motion failed, and with no other
motions raised by the City Commission, the major subdivision was denied.
For the record, the minimum density requirements have been clarified from
the previous calculations stated during the City Commission Meeting on
March 1, 2022.
The decision on the subdivision was made at the hearing. By law, the
Commission must prepare a written statement memorializing the decision
made at the public hearing. Approval by the Commission of this item does
nothing more than indicate the Findings of Fact and Order regarding the
subdivision comports with the decision and findings made by the
Commission at the hearing on the subdivision on March 1, 2022.
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:Approval of the Findings of Fact and Order as drafted;
Approval of the Findings of Fact and Order with modifications;
As determined by the City Commission
FISCAL EFFECTS:There are no fiscal effects with this application.
Attachments:
21419 Lot 1 Block 1 The Parklands at the Village DT 4 PP
FOF.pdf
Report compiled on: March 8, 2022
209
Page 1 of 36
21419 Findings of Fact and Order for Lot 1, Block 1 of the Parklands Major
Subdivision Preliminary Plat
Public Hearing Date:
Community Development Board acting as the Planning Board met on Monday, February
7, 2022 at 6:00 pm.
Link: https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true
City Commission meeting was held on Tuesday, March 1, 2022 at 6:00 pm via WebEx.
Link: https://bozeman.granicus.com/player/clip/246?view_id=1&redirect=true
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 located within a Planned Unit Development (PUD) known as the Village
Downtown. 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.
Development Review Committee (DRC) Recommendation: On January 25, 2022, the DRC
determined that the application conformed to the Bozeman Municipal Code (BMC) and
was sufficient for continued review with the staff-recommended conditions and code
provisions.
Community Development Board (CDB) Recommendation: On February 7, 2022, the CDB,
serving as the City’s Planning Board, reviewed and considered the application materials,
public comment, and all the information presented, recommended approval of Lot 1,
Block 1 of the Parklands at the Village Downtown Preliminary Plat Major Subdivision
with conditions recommended by staff and all applicable code provisions.
City Commission Decision: On March 1, 2022, having reviewed and considered the application
materials, public comment, Community Development Board recommendation, and all the
information presented, the City Commission moved to adopt the findings presented in the
staff report for application 21419 and approve the subdivision with conditions and
applicable code provision. The motion for approval failed, and with no other motions
raised by the City Commission, the major subdivision was denied.
City Commission Approved Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in Section 7 of this staff report for application 21419 and move to authorize the
Mayor to sign the Findings of Fact and Order on behalf of the City Commission, denying
210
21419 Findings of Fact for Lot 1, Block 1 of The Parklands at Village Downtown Subdivision Preliminary Plat
Page 2 of 36
the Lot 1, Block 1 of the Parklands at the Village Downtown Major Subdivision
Preliminary Plat as minimum zoning regulations are not met.
Report Date: March 7, 2022
Staff Contact: Nakeisha Lyon, AICP, Associate Planner
Karl Johnson, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
This report is based on: (1) the January 6, 2022 revised plat maps; (2) the November 23,
2021 revised application documents; (3) the January 25, 2022 Development Review
Committee recommendation for conditions and code provisions; (4) the February 6, 2022
Community Development Board recommendation; (5) the February 15, 2022 staff report to the
City Commission which evaluated the application’s code compliance; (6) public comment
received to date; (7) staff recommendations of conditions of approval and code provisions; (8) all
information provided to the City Commission at their March 1, 2022 public hearing on this
application; and (9) staff evaluation of the Montana Code Annotated (MCA) subdivision statutes
and relevant Bozeman Municipal Code (BMC) subdivision provisions described in this report.
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.
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As a provision of Sec. 38.220.030, BMC, the applicant submitted a pre-application plan with
required submittal materials, and waivers, for review prior to the formal subdivision preliminary
plat application submittal to the City. The Development Review Committee (DRC) completed a
subdivision pre-application plan review on July 16, 2021 and provided the associated
memorandum for their review on July 20, 2021 via email to the applicant and representative of
record. Several comments were noted regarding compliance with standards including the
following pertaining to minimum density requirements:
The zoning district of R-4 requires a minimum density of eight (8) dwelling units per net
acre. Based on the overall net acreage of the Parklands at Village Downtown
Subdivision, twenty-three (23) dwelling units must be provided to meet the minimum
density requirements. Block 2 is proposed to be subdivided into nine (9) single-family
residential lots, with previous indications that Block 1 was for multi-family development,
which is not depicted within this submittal. Fourteen (14) dwelling units must be
provided within Block 1 in order to meet the minimum requirements for density.
Accessory dwelling units do not count towards the minimum density calculations. Please
address this issue accordingly.
In response to this comment, the representative of record requested a Director’s Interpretation,
on July 27, 2021, to formally determine whether an accessory dwelling unit (ADU) may count
towards meeting the zoning district’s minimum density requirements. On August 30, 2021, Staff
provided the following determination via email to the applicant and representative of record, per
specific communication from the former Community Development Director, Martin Matsen:
In regards to the Community Development Director’s Interpretation for whether
Accessory Dwelling Units (ADUs) may be counted towards meeting the applicable
zoning district’s minimum density requirements submitted on July 27, 2021, at this time,
per Marty Matsen’s direction, Staff will be moving forward with the existing staff
interpretation that ADUs do not count towards meeting this requirement. This existing
interpretation will be further addressed within future updates to the Bozeman Municipal
Code.
Nonetheless, per Matsen’s direction, given the unique development pattern within the
Parklands and the Village Downtown, ADUs would be a great additional housing type
within the area to provide potentially more affordable housing options for our
community. Therefore, staff is amenable to allowing the ADUs to count towards the
minimum density requirements as part of this development application. In order to do so,
a condition of approval will be included as part of the preliminary plat and final plat
entitlements.
The condition will state the following (this is subject to change per legal review):
accessory dwelling units (ADUs) may count towards meeting the minimum density
requirements applicable to the subject property, only if each lot will have an ADU that is
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permitted separately from the principal structure. The City of Bozeman will not issue
building permits for any of the lots unless proportionate ADUs are built.
Upon this administrative direction, the applicant and representative of record submitted a
Preliminary Plat application on November 23, 2021 with the DRC finding the application to be
sufficient for continued review with recommended conditions and code provisions on January
25, 2022. 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.
The CDB acting in their capacity as the Planning Board considered compliance of the application
with the applicable review criteria and growth policy on February 7, 2022, and voted 7 to 2 to
recommend approval of this Preliminary Plat Major Subdivision to the City Commission with
applicable conditions and code provisions. During the public comment period related to this
application of the CDB public meeting, one public comment was received related to the
proposed subdivision which noted concerns with the subdivision meeting parklands
requirements, and the condition of accessory dwelling units being utilized to meet density
requirements. Additionally, the CDB members expressed their concerns with the accessory
dwelling unit condition of approval and enforcement of the development of these units, use to
contribute to diverse rental or housing stock, accessory dwelling unit size limitation, density
requirements, and wetlands. Further details and staff’s analysis of these comments are included
below in this report.
In response to the CDB concerns, staff revised the ADU condition of approval to include
clarification regarding the building permitting process for the ADUs and the enforcement
through utilization of certificate of occupancies to ensure the construction of the dwelling units
as described below:
a. Accessory dwelling units (ADUs) may count towards meeting the minimum
density requirements for the Residential High Density zoning district (R-4) that is
applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot; ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure;
iii. A detached ADU is permitted through the Building Department separately from the principal structure; and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the
lots unless an ADU has also been constructed.
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The CDB proceedings may be viewed here:
https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true
After receiving an adequacy determination on the preliminary plat application on January 31,
2022, the applicant requested expedited review per 76-3-623 Montana Code Annotated (MCA)
and represented that the project meets all applicable requirements for such review. Under the
expedited subdivision review, the final decision for the preliminary plat must be made in 35
working days after adequacy of the application. Therefore, the deadline for a final decision is
March 16, 2022.
As the final review authority, the City Commission is required to approve, conditionally approve
or deny the subdivision application by March 16, 2022, unless there is a written extension from
the developer, not to exceed one year. The City Commission public hearing to consider this
preliminary plat was held on for March 1, 2022 at 6:00 pm via WebEx. No member of the public
spoke at the hearing. After the City Commission reviewed and considered the application
materials, staff report, advisory review board recommendations, previous public comment, and
all the information presented, they made alternative findings to those in the staff report and voted
2 to 3 to approve the motion. The motion failed, and with no other motions raised by the City
Commission, the major subdivision was denied.
A summary of the Commission’s findings can be found below in Section 7 – Findings of Fact,
Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found
in Section 6 – Staff Analysis and Findings. Video of the City Commission hearing can be found
at this link: https://bozeman.granicus.com/player/clip/246?view_id=1&redirect=true
Alternatives
1. Approval of the Findings of Fact and Order as drafted;
2. Approval of the Findings of Fact and Order with modifications;
3. As determined by the City Commission
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 5
SECTION 1 – MAP SERIES .......................................................................................................... 7
SECTION 2 – REQUESTED VARIANCES ............................................................................... 12
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12
SECTION 4 – CODE REQUIREMENTS .................................................................................... 13
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15
SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 15
Applicable Subdivision Review Criteria, Section 38.240.150., BMC.............................. 15
Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use. .................. 19
38.220.060 Documentation of compliance with adopted standards ................................. 26
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 28
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 31
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 35
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 35
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 36
FISCAL EFFECTS ....................................................................................................................... 36
ATTACHMENTS ......................................................................................................................... 36
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SECTION 1 – MAP SERIES
Exhibit 1 –Zoning Map
216
Page 8 of 36
Exhibit 2 – Community Plan 2020 Future Land Use
217
Page 9 of 36
Exhibit 3 – Preliminary Plat
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Exhibit 4 – Preliminary Plat Conditions of Approval
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Exhibit 5 – Trail and Park Proximity
220
Page 12 of 36
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
The following conditions of approval and code provisions satisfy City and relevant State
requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to the
required code provisions identified in this report. The conditions are specific to the preliminary
plat application. Staff has considered the impacts as identified in the staff analysis and
application materials and finds that the conditions of approval are deemed reasonably related and
roughly proportionate to the development of this subdivision.
1. In accordance with 38.240.100, BMC, the applicant has chosen review of this subdivision
under the terms of 76-3-623 MCA; therefore, applicant is obligated to complete the
construction of the approved subdivision in accordance with the approved application and
any applicable requirements in Montana law, administrative rules, municipal code, and
design standards.
2. The final plat must contain the following notations on the conditions of approval sheet. Several of these conditions are included on this sheet, however, may need to be revised to
update the language:
a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners’ association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground
cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas.
b. The property owner’s association must be responsible for maintenance of stormwater infrastructure located within the common open spaces. All areas
within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public.
c. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common
open space lots, areas and trails.
d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard.
e. All plans and specifications for public infrastructure will be stored at the City’s Engineering Office located at 20 E. Olive Street, Bozeman, Montana 59715.
f. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed with the future development of the site, unless a professional engineer registered in the State of Montana certifies that
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the lowest point of any proposed structure is located above the seasonal high
groundwater level and provides supporting groundwater data prior to release of
building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a
safety hazard for pedestrians and vehicles.
g. The orientation of buildings located on Lot 1 and Lot 8 shall match the orientation of Lots 2 – 7.
h. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is
applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot; ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure; iii. A detached ADU is permitted through the Building Department separately
from the principal structure; and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed.
SECTION 4 – CODE REQUIREMENTS
The following are procedural requirements not yet demonstrated by the preliminary plat and
must be satisfied at the final plat. Without these corrections the application does not meet
required standards.
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.
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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. 38.240.460. Acceptance of dedications. a. Please edit the Certificate of Director of Public Works to be the following: i. CERTIFICATE OF ACCEPTANCE OF DEDICATIONS 1. I, Director of Public Works, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of
any and all lands shown on the plat as being dedicated to such use. DATED this ______ day of _______, ________. (Signature), Director of Public Works. 4. Sec. 38.240.540. Certificate of Governing Body. a. Please add the following certificate to be the plat: i. CERTIFICATE OF GOVERNING BODY APPROVING PLAT 1. I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been
duly examined and has found the same to conform to the law and approves it. DATED this ______ day of _______, ________. (Signature), Director of Community Development.
5. 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.
6. 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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SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions and code provisions on January
25, 2022 based on staff analysis and findings as described below in Section 6 of this report.
On February 7, 2022, the Community Development Board, acting as the Planning Board
pursuant to Sec. 38.240.130.A.3, BMC held a public meeting on the proposed application. The
public meeting was held via WebEx. The Community Development Board recommended
approval of the Preliminary Plat subdivision subject to the staff-recommended conditions of
approval and all applicable code provisions.
The public hearing date for the City Commission’s consideration of this application was held
Tuesday, March 1, 2022 at 6:00 pm via WebEx. The City Commission voted 2 to 3 on a motion
to approve the preliminary application. Based on this vote, the motion for approval failed, and
with no other motions raised by the City Commission, the major subdivision was denied.
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., BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) The general review requirements per 38.240.100 must be met.
Staff Evaluation: The applicant submitted a subdivision pre-application plan on May 19, 2021,
and the Development Review Committee (DRC) completed the associated review on July 16,
2021. With the recent change in state legislation to accommodate expedited subdivision review,
the applicant elected to proceed with the expedited subdivision review after adequacy of the
preliminary plat application on January 31, 2022. Per MCA 76-3-604, the element and
sufficiency review of the application must be completed within 35 working days after adequacy
of the application, which would be on or before March 16, 2022.
2) Public comments or documents presented at or prior to the City Commission’s
consideration of a plat constitutes new information.
Staff Evaluation: No new information had been presented to the City Commission prior to their
March 1, 2022 decision. At that hearing, the staff report, staff presentation, and applicant
representative’s presentation was entered into the record. In the staff report, public comment
received to date was described.
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3) The basis for the City Commission's decision to approve, conditionally approve or deny
the subdivision must be whether the subdivision application, public hearing if required,
planning advisory boards and agencies advice and recommendation and additional
information demonstrates that development of the subdivision complies with the Bozeman
Municipal Code (BMC), the City's growth policy as described in the Bozeman Community
Plan, the Montana Subdivision and Platting Act and other adopted state and local
ordinances, including, but not limited to, applicable zoning requirements.
Staff Evaluation: The Preliminary Plat meets these criteria as noted within this section of this
report. However, without the City Commission’s support of the accessory dwelling units as a
component of the minimum density requirements, the proposed subdivision does not comply
with Section 38.320.030, BMC. Additionally, without counting ADUs toward density
minimums, the preliminary plat application would not qualify for expedited review under MCA
76-3-623 as the proposed subdivision does not comply with zoning regulations adopted pursuant
to MCA 76-2-203 or 76-2-304.
City Commission Findings: As the City Commission concluded that the utilization of accessory
dwelling units does not meet the minimum density requirements, this preliminary application
does not comply with requirements of MCA 76-3-501 or local subdivision regulations found in
Chapter 38, Article 3 of the Bozeman Municipal Code. Specifically, the application does not
comply with zoning regulations regarding the minimum density requirements. Sec.
38.320.020.B, BMC which requires that new residential development must provide a minimum
net density in applicable zones, as set forth in the form and intensity standards tables within this
division (referring to Table 38.320.030.C. A minimum density is required to support efficiency
in use of land and provision of municipal services, and to advance the purposes and goals of this
chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an
entire development. The criterion is not met because the overall Parklands at the Village
Downtown Subdivision must provide an additional 14 dwelling units in the proposed
development, along with the nine existing single household dwelling lots for a total of 23
dwelling units to meet the minimum density requirements.
4) Consider written comments from appropriate public agencies, utilities or other members
of the public.
Staff Evaluation: On January 25, 2022 the DRC found the application sufficient for continued
review with staff recommended conditions and code provisions. The CDB acting in their
capacity as the Planning Board considered compliance of the application with the applicable
review criteria and growth policy on February 7, 2022, and voted 7 to 2 to recommend approval
of this Preliminary Plat Major Subdivision to the City Commission with applicable staff
recommended conditions and code provisions. During the public comment period related to this
application of the CDB public meeting, one public comment was received related to the
proposed subdivision expressing concerns with the subdivision meeting parklands requirements,
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and the condition of accessory dwelling units being utilized to meet density requirements.
Additionally, the CDB members denoted their concerns with the accessory dwelling unit
condition of approval and enforcement of the development of these units and use to contribute to
diverse rental or housing stock, accessory dwelling unit size limitation, density requirements, and
wetlands. Further details and staff’s analysis of these comments are included within pages 15-27
of this report.
In response to the CDB concerns, staff revised the ADU condition of approval to include
clarification regarding the building permitting process for the ADUs and the enforcement
through utilization of certificate of occupancies to ensure the construction of the dwelling units
as described below:
a. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: v. An ADU is constructed on each lot;
vi. An attached ADU is permitted through the Building Department under the
same building permit for the principal structure; vii. A detached ADU is permitted through the Building Department separately from the principal structure; and, viii. Applicable building permits for the principal structure and detached ADU
are applied for and approved concurrently. The City of Bozeman will not
issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed.
5) The City Commission shall consider the following: relevant evidence relating to the
public health, safety and welfare; other regulations, code provisions or policies in effect in
the area of the proposed subdivision; the recommendation of the advisory bodies; any
relevant public comment; and individual phases, existing conditions, and changed
circumstances for any phase reviewed under 76-3-617 MCA.
Staff Evaluation: Please see staff’s evaluation as noted below on pages 15-27 of this report. The
subdivision infrastructure and utilities were previously established in a single phase as a
component of the underlying Parklands at the Village Downtown Subdivision.
City Commission Findings: As the City Commission did not support the utilization of
accessory dwelling units to meet the minimum density requirements, this preliminary application
does not comply with zoning regulations providing minimum density requirements for the R-4
zoning district. Table 38.320.030.C. denotes that the minimum density requirements is 8
dwelling units per net acre. The overall Parklands at the Village Downtown Subdivision is has a
net acreage of 2.88 acres. The overall minimum density that must be met for this subdivision is
23 minimum dwelling units. There are 9 existing single household lots within the existing
subdivision. Therefore, Block 1, Lot 1, must be subdivided through this preliminary plat process
into a minimum of 14 additional single household lots to meet the minimum density standards.
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6) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the
certification established in section 38.240.170, the city commission may conditionally
approve or deny a proposed subdivision as a result of the water and sanitation information
provided pursuant to section 38.220.050.A.9. or public comment received pursuant to MCA
76-3-604 on the information provided pursuant to section 38.220.050. A conditional
approval or denial must be based on existing subdivision, zoning, or other regulations that
the city commission has the authority to enforce.
Staff Evaluation: Please see staff’s evaluation on pages 15-27 of this report. This review criteria
is not applicable as the subdivision does qualify under MCA 76-4-125 regarding water and waste
services which is to be provided by the local government.
7) The city may not approve a proposed subdivision if any of the features and
improvements, including well isolation zones, of the subdivision encroach onto adjoining
private property in a manner that is not otherwise provided for under Title 76, chapters 3
or 4, MCA., or if the well isolation zone of any proposed well to be drilled for the proposed
subdivision encroaches onto adjoining private property unless the owner of the private
property authorizes the encroachment. For the purposes of this section, "well isolation
zone" has the meaning provided in 76-4-102, MCA.
Staff Evaluation: Please see staff’s evaluation as noted below regarding surface water on page
25.
8) The city commission may require the developer to design the subdivision to reasonably
minimize potentially significant adverse impacts identified through the review required by
this chapter. The city commission must issue written findings to justify the reasonable
mitigation required by this chapter. The city commission may not unreasonably restrict a
landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will preclude
approval of the plat. When requiring mitigation under this subsection, the city commission
must consult with the developer and must give due weight and consideration to the
expressed preference of the developer.
Staff Evaluation: Please see staff’s evaluation as noted on pages 15 to 27. Required mitigation to
minimize potentially significant adverse impacts occurred during the platting process for the
underlying Parklands at the Village Downtown Subdivision.
9) Federal or state governmental entity input. If a federal, BMC or state governmental
entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat,
or the natural environment relating to a subdivision application for the purpose of assisting
a governing body's review, the comment or opinion may be included in the governing
body's written statement under this section only if the comment or opinion provides
scientific information or a published study that supports the comment or opinion. A
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governmental entity that is or has been involved in an effort to acquire or assist others in
acquiring an interest in the real property identified in the subdivision application must
disclose that the entity has been involved in that effort prior to submitting a comment, an
opinion, or information as provided in this subsection.
Staff Evaluation: No such comment was received for this application.
Montana Code Annotated (MCA) 2021, Title 76. Land Resources and Use.
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.
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 made 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
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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.
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.
No written public comments have been received on this application as of the writing of this
report.
Community Development Board Meeting Public Comments & Board Discussion:
During the public comment period of the February 7, 2022 Community Development Board
meeting, one comment was received which denoted concerns with the subdivision meeting
parklands requirements, and the condition of accessory dwelling units being utilized to meet
density requirements. The commenter discussed that the underlying subdivision for the Village
Downtown provide cash in lieu of parklands rather than a park to serve the neighborhood and the
linear park provided in addition to the cash in lieu amount is not adequate in meeting the intent
of park dedication for this subdivision. In reference to staff’s discussion on walkability to
existing parks, the commenter stated that existing parks such as Lindley Park is not considered
by the neighbors as proximate to the subject property with the distance traveled on foot being
more age appropriate for older children only. Additionally, the commenter noted that there is
limited justification for the inability of the applicant to meet density requirements and the
utilization of accessory dwelling units may led to more vacation rentals. The commenter further
stated that there is no mechanism to ensure the accessory dwelling units are obtainable as in
affordable to low or moderate income persons.
During the Community Development Board’s discussion, members denoted issues with the
accessory dwelling unit condition of approval and enforcement of the development of these
units, accessory dwelling unit size limitation, density requirements, and wetlands.
Staff’s Response and Further Analysis:
Parklands:
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The Parks Department reviewed the preliminary plat as part of the DRC and found that the
applicant has provided adequate parklands for the eight proposed lots for single household
development.
During the platting process for the underlying Parklands at the Village Downtown Subdivision, a
linear park and trail corridor were dedicated to provide required parkland for the 9 proposed
single household lots, and the multi-household dwellings that were originally anticipated for
future development on Lot 1, Block 1. The land area required for park dedication for the
underlying plat was 0.16 acres which is based on the existing 9 single household lots with a
density of 5.42 units per acre with a required 0.03 acre per unit dedication requirement. The
unknown density for Lot 1, Block 1 was calculated based on the density cap of 8 dwelling units
per acre for the R-4 zoning district and 1.21 net residential acres which has a required 0.29 acres
for this portion. The applicant would be required to provide a 0.45 acre park. However, already-
dedicated the linear park and trail corridor exceed this threshold at 0.63 acres. Please be aware
that park dedication is not required for accessory dwelling units as the assessment is based on net
residential density and ADUs have not counted towards this calculation.
The Recreation and Parks Advisory Board recommended approval of the parks master plan. The
parks master plan was subsequently approved by the City Commission concurrently as a
component of the Preliminary Plat for application 19135. This linear park provides a more
approximate open space and passive recreation opportunity to the subdivision rather than Lindley
Park and other parks in the area, and addresses concerns regarding distance traveled and safety of
children. Please see Exhibit 5 in the Map Series of Section 1 for a visualization of parks, trails,
and proposed amenities within this area.
Accessory Dwelling Units – Density and Enforcement:
Regarding the commenter’s discussion on the limited justification for the applicant’s proposal to
meet the density requirement by including accessory dwelling units, the intent of the direction
provided by the former Community Development Director to include these incidental units was
in support of contributing to the diversity of the existing housing stock in a location that is
viewed as infill development rather than new development as this lot is a remaining component
of an existing subdivision.
Based on the density calculations, six additional lots are required in the subdivision to meet the
minimum density requirement for the overall subdivision based on the minimum 8 dwelling units
per acre for the R-4 zoning. Rather than provide the additional lots, the applicant proposes to
provide each principal structure with an accessory dwelling unit, which provides 8 accessory
dwelling units. The applicant is able to change the intent of their development from what was
previously expressed in past applications through the platting process.
The Board identified issues with enforcement regarding how the City would ensure the accessory
dwelling units would be built. The Board also denoted concern with requiring a separate permit
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to build the accessory dwelling units. Typically, attached accessory dwelling units are permitted
with the principal structure under one building permit, but separate detached accessory dwelling
units receive a permit separately from the principal.
To ensure the enforcement of the accessory dwelling unit conditions, and to address these
concerns indicated by The Board, the condition of approval associated with utilizing the
accessory dwelling unit as a component of the minimum density requirement has been revised to
clarify the differences between attached and detached structures, and to denote that a certificate
of occupancy would not be provided to the property owner for the principal structure unless and
until the accessory dwelling unit was built. Additionally, a deed restriction will be required
during the final platting process against the proposed lots which would restrict final occupancy
permits for the principal structures until the accessory dwelling unit is constructed. The Planning
Division will work closely with the Building Division to ensure enforcement of this provision
accordingly.
One board member denoted concerns regarding the size limitations of accessory dwelling units
which are currently a maximum of 600 square feet for detached accessory dwelling units, and a
limitation of one-third of the principal structure’s total area for an attached accessory dwelling
unit. Size limitations of ADUs are regulated within Sec. 38.360.040, BMC and would require a
text amendment to change the size limitations.
Affordability and Short Term Rentals:
The City of Bozeman does not have any mechanisms to ensure that the ADUs are rented to long
term renters or that they are rented at affordable rates. The intent of the proposal is to provide an
alternative to address the minimum density requirement for the subject property. Additionally,
short term rentals are allowed within this area which can be either Type 1 or Type 2, which
require that the principal structure must be owner occupied. Individual property owners must
meet the provisions within Sec. 38.360.260, BMC in order to pursue this option the short term
rental must be registered with the Community Development Department.
Wetlands:
A general concern regarding the wetlands within the area was expressed by the Board. 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
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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.
The Community Development Board proceedings may be viewed here with general discussion
beginning at 24:35, staff presentation beginning at 25:40, Board discussion beginning at 39:31,
applicant presentation beginning at 47:48, public comment period beginning at 57:00, and the
Board’s further discussion and vote beginning at 101:00.
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, which were considered by the City Commission. 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.
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, cash-in-lieu of water
rights must be provided prior to final plat approval. Please note that cash-in-lieu of water
rights is not accessed on the proposed accessory dwelling units included within this
application. 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. Please note that the
applicant previously installed 8 individual utility connections prior to the review and approval of
the proposed subdivision within this application. 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).
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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
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 was approve
during this platting process. However, again, ADUs do not require parkland dedication so no
additional parkland was calculated or provided for them.
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.
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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, MCA.
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
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.
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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.
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.
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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.
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
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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.
City Commission Findings:
The City Commission concluded compliance with Sec. 38.220.060.A.13. was not provided as the
proposal for the inclusion of ADUs within the minimum density requirements does not meet the
provisions of the R-4 zoning district denoted in Sec. 38.300.100.E. Additionally, the utilization
of these types of units conflicts with goal N-1.4 which promotes the development of ADUs in
developed areas as an opportunity to increase density and housing inventory rather than on a
greenfield, or vacant parcel of land.
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.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
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B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on March 1, 2022 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant acknowledged understanding and agreement with the recommended
conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on March 1, 2022
and received no public comments.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, considering the discussion had by advisory bodies, and considering all
matters of record presented with the application and during the public comment period
defined by Chapter 38, BMC, the City Commission has found that the proposed
preliminary plat does not comply with the requirements of the Bozeman Municipal Code
because the accessory dwelling units may not be included to meet code standards
regarding minimum density requirements. Therefore, being fully advised of all matters
having come before them regarding this application, the City Commission makes the
following decision.
G. For the reasons stated above and within Appendix A, the preliminary plat does not meet
the criteria of Chapter 76 of the Montana Code Annotated, nor does it meet all
requirements of Chapter 38 of the Bozeman Municipal Code. As detailed in the analysis
section above, the preliminary plat application relied on the Director’s indication that he
would support accessory dwelling units counting towards the minimum density
requirements. The City Commission concluded that counting ADUs toward minimum
density requirements was inconsistent within the minimum density standards of the R-4
zoning district. Without including the ADUs as a component of this provision, the
minimum density requirements for the subject property are not met. Therefore, the City
Commission denied the preliminary plat application.
H. The basis of the Commission’s decision includes the entire record of this matter,
including the applicant’s materials and presentation, public comment, advisory body
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review, public comment, the staff report and presentation, and the Commission’s
discussion and questions.
I. These findings of fact satisfy the requirements in 38.240.150.D, BMC and Montana Code
Annotated section 76-3-620.
J. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625, MCA.
DATED this ______ day of ___________, 2022
BOZEMAN CITY COMMISSION ATTEST:
____________________________ ____________________________
Cynthia L. Andrus Mike Maas
Mayor City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
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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 purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
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.
Staff Evaluation:
This proposed subdivision is 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 subdivision, 14 dwellings would be required within this proposed
preliminary plat 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
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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.
City Commission Findings:
The City Commission found that the preliminary plat application does not meet the minimum
density standards of Sec. 38.320.030.C for the R-4 zoning district. The City Commission
concluded that the single household lots with the addition of accessory dwelling units does not
provide the development of high density residential units nor a variety of housing types in an
area proximate to multimodal transportation, mixed-use and commercial districts, and close
proximity to jobs and services. Additionally, the City Commission denoted that the preliminary
plat application does not meet the Growth Policy designation of Urban Neighborhood, which
promotes urban density homes in a variety of types and intensities. This designation allows, in
limited instances, a lower gross density in areas of subdivisions where site constraints and/or
natural features such as floodplains or steep slopes are present. Though the applicant’s
representative briefly denoted the grade change in the area which influenced the discussion to
change the intent of the subject property’s development from past applications, an in-depth
analysis of these constraints was not presented to the City Commission nor included in the
application materials.
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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 its 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
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Main St. near Lindley Park which is rough 0.30 miles away from the proposed development.
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.
City Commission Findings:
The City Commission found that N-1.4. was not met as the intent of this goal is to foster the
development of ADUs in areas of town in which are already established or developed as a way to
achieve more density rather than on a vacant parcel of land with site constraints that can be
addressed through proper engineering and design mechanisms.
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 written public comments have been received at the time this report was compiled. A
commenter spoke at the February 7, 2022 Community Development Board public meeting.
Please see pages 13-16 for staff’s analysis of the comment as well as further information
regarding the Board’s discussion.
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Page 36 of 36
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
Staff Engineer: Karl Johnson, PE, Project Engineer
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
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:Continue to April 5 The West University Properties Annexation and Initial
Zoning Application 21409 Requesting Annexation of 97.26 Acres and
Amendment to the City Zoning Map for the Establishment of a Zoning
Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and
REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:I move to continue to April 5 The West University Properties Annexation and
Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and
Amendment to the City Zoning Map for the Establishment of a Zoning
Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and
REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex 97.26 acres including
adjacent rights-of-way into the City limits and establish an initial zoning of B-
2M and REMU (Residential Emphasis Mixed-Use District); 50.4 and 48.13
acres respectfully. The property is currently zoned “Agriculture Suburban”
(AS) within the County administered Gallatin County Bozeman Area Zoning
District (the Donut).
The property is bounded by Stucky Road to the south, South 19th Avenue to
the east, MSU property to the west, severing a direct connection to the
future extension of Kagy Boulevard to the future extension of South 27th
Avenue. Other developed properties bound the northeast edge of the
property. The property is vacant of structures.
Considerable development is occurring in the vicinity including the Gran
Cielo subdivision, Nexus Point residential development, the Graf Street
development, the Bennett Annexation property, and the Kagy Crossroads
apartment complex to the east to name a few.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
246
designates the property as “Community Commercial Mixed Use” which
includes the B-2M and REMU districts as an implementing zoning district.
To the south and across Stucky Road are unannexed properties including
Grace Bible Church, Genesis Business Park, and the Bennett annexation
properties (currently undergoing annexation review). To the west and north
of the property is a strip of MSU property purchased from the Aaker family
in 1987 to create buffer from City expansion towards agricultural lands and
gaining influence over development of South 27th Avenue. Nearby municipal
zoning to the east including R-4 and B-2 zoning.
Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified
as a Collector street according to the Greater Bozeman Area Transportation
Plan, 2017 Update. The proposed annexation requires right-of-way to
accommodate expansion of Stucky Road to meet community transportation
needs and the extension of Kagy Boulevard.
UNRESOLVED ISSUES:There are no unresolved issues at this time.
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.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
21409 West Uni Annx-ZMA CC SR.pdf
Report compiled on: March 9, 2022
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Page 1 of 44
21409 Staff Report for the West University Annexation and Zone Map
Amendment
Public Hearing: Community Development Board (acting in their capacity as the Zoning
Commission) meeting is on March 7, 2022
City Commission meeting is on March 22, 2022
Project Description: Annexation and initial zoning application 21409 requesting annexation
of 97.26 acres and amendment to the City Zoning Map for the establishment of a
zoning designation of B-2M (Community Business-Mixed District) on 50.4 acres and
REMU (Residential Emphasis Mixed-Use District) on 48.13 acres.
Project Location: On the northwest corner of South 19th Avenue and Stucky Road, legally
described as Tract of Land Described as Lot 2A of Minor Subdivision No. 191B,
Excepting out Lot 1A of Minor Subdivision 503A, located in Southeast One Quarter
of Section 14, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin
County, Montana.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 21409 and move to
recommend approval of the West University Properties Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21409 and move
to approve the West University Properties Annexation.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21409 and move to approve the West University
Properties Zone Map Amendment.
Report Date: March 8, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
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Application 21409 Page 2 of 44
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials can be viewed on the City’s
development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex 97.26 acres including adjacent rights-of-way
into the City limits and establish an initial zoning of B-2M and REMU (Residential Emphasis
Mixed-Use District); 50.4 and 48.13 acres respectfully. The property is currently zoned
“Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area
Zoning District (the Donut).
The property is bounded by Stucky Road to the south, South 19th Avenue to the east, MSU
property to the west, severing a direct connection to the future extension of Kagy Boulevard
to the future extension of South 27th Avenue. Other developed properties bound the northeast
edge of the property. The property is vacant of structures.
Considerable development is occurring in the vicinity including the Gran Cielo subdivision,
Nexus Point residential development, the Graf Street development, the Bennett Annexation
property, and the Kagy Crossroads apartment complex to the east to name a few.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Community Commercial Mixed Use” which includes the B-2M and REMU
districts as an implementing zoning district.
To the south and across Stucky Road are unannexed properties including Grace Bible Church,
Genesis Business Park, and the Bennett annexation properties (currently undergoing
annexation review). To the west and north of the property is a strip of MSU property purchased
from the Aaker family in 1987 to create buffer from City expansion towards agricultural lands
and gaining influence over development of South 27th Avenue. Nearby municipal zoning to
the east including R-4 and B-2 zoning.
Kagy Boulevard is a designated Principal Arterial and Stucky Road is classified as a Collector
street according to the Greater Bozeman Area Transportation Plan, 2017 Update. The proposed
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Application 21409 Page 3 of 44
annexation requires right-of-way to accommodate expansion of Stucky Road to meet
community transportation needs and the extension of Kagy Boulevard.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on March 7, 2022. After consideration of the application materials, Staff
report, and public comment the Board voted unanimously to recommend approval of the Zone
Map Amendment to establish a mix of REMU and B-2M zoning as requested by the applicant.
No public comment was heard on the application. A video recording of the meeting can be
viewed at the following link.
https://bozeman.granicus.com/player/clip/252?view_id=1&redirect=true
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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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 10
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 16
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 17
Annexation ........................................................................................................................ 17
Zone Map Amendment ..................................................................................................... 17
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 17
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 25
Spot Zoning Criteria ......................................................................................................... 38
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 39
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 39
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 40
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44
FISCAL EFFECTS ................................................................................................................. 44
ATTACHMENTS ................................................................................................................... 44
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: BCP 2020 Future Land Use Map
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Map 3: Existing City Zoning
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Map 4: MSU Framework Plan: Districts Map
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Map 5: MSU Transportation Master Plan
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Page 10 of 44
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. Naming Term. The documents and exhibits to formally annex the subject property must
be identified as the West University Annexation.
2. Map Format Term. An Annexation Map, titled West University Annexation Map with
a legal description of the property and any adjoining un-annexed rights-of-way and/or
street access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers
Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. Timing Term. The applicant must execute all contingencies and terms of said
Annexation Agreement with the City of Bozeman within 60 days of the distribution of
the annexation agreement from the City to the applicant or annexation approval shall
be null and void.
4. Impact Fee Notice Term. The land owners and their successors must pay all fire, street,
water and sewer impact fees at the time of connection; and for future development, as
required by Chapter 2, Bozeman Municipal Code, or as amended at the time of
application for any permit listed therein.
5. SID Waiver Term Header. If they do not already exist the applicant must provide and
file with the County Clerk and Recorder's office executed Waivers of Right to Protest
Creation of Special Improvement Districts (SIDs) for the following:
a. Street improvements to West Lincoln Street between South 19th Avenue and
Fowler including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to West Kagy Blvd between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
c. Street improvements to West Stucky Road between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
d. Street improvements to West Graf Street between South 19th Avenue and South
Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
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e. Street improvements to South 19th Road between West Lincoln Street and West
Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
f. Street improvements to South 27th Street between West Lincoln Street and West
Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
g. Street improvements to South Fowler between West Lincoln Street and West Graf
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at West Lincoln Street and South 19th Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
i. Intersection improvements at West Lincoln Street and South 27th Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
j. Intersection improvements at West Lincoln Street and South Fowler Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
k. Intersection improvements at West Kagy Blvd and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
l. Intersection improvements at West Kagy Blvd and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
m. Intersection improvements at West Kagy Blvd and South Fowler Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
n. Intersection improvements at Stucky Road and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
o. Intersection improvements at Stucky Road and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
p. Intersection improvements at Stucky Road and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
q. Intersection improvements at West Graf Street and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
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r. Intersection improvements at West Graf Street and South 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
s. Intersection improvements at West Graf Street and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
t. SID waiver 3 - Alternate Financing Term. The document filed must specify that in
the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion
of the improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The applicant must provide a copy of the
SID waiver in conjunction with the Annexation Agreement.
u. SID waiver template term. The applicant may obtain a copy of the template SID
waiver from the City Engineering Department. The document filed must specify
that in the event an SID is not utilized for the completion of these improvements,
the applicant agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined
by square footage of property, taxable valuation of the property, traffic contribution
from the development, or a combination thereof. The applicant must provide a
copy of the SID waiver filed with the County Clerk and Recorder prior to
annexation.
6. Notice Term Header. The Annexation Agreement must include the following notices:
a. Notice Term "a" Storm Water Master Plan. The Annexation Agreement must
include notice that, prior to development, the applicant will be responsible for
preparing a storm water master plan in conjunction with future development. The
storm water master plan shall address maintenance and operations until and unless
the City affirmatively assumes responsibility for maintenance and operations of
stormwater facilities within the area of the annexation.
b. Notice Term "b" Extent of Service. The Annexation Agreement must include notice
the City will, upon annexation, make available to the Property existing City services
only to the extent currently available, or as provided in the Agreement.
c. Notice Term "c" Water Rights. The Annexation Agreement must include notice
that, prior to future final development approval, the applicant will be responsible
for transfer of water rights or a payment in lieu as required by the Bozeman
Municipal Code.
d. Notice Term "d" Verification of Municipal Service. The Annexation Agreement
must include notice that there is no right, either granted or implied, for Landowner
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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.
i. Notice Term "I" Impact Fees. All procedural terms necessary to establish the
Annexation Agreement in conformance with state law and municipal practice will
be included with the final Annexation Agreement.
7. Municipal Connection Term. The Annexation Agreement must include notice that the
applicant must connect to municipal services and will be responsible for installing any
facilities required to provide full municipal services to the property in accordance with
city policy at the time of connection.
8. CIL of Water Term. The applicant must contact the City’s Engineering Department to
obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to the adoption of Resolution of Annexation, if
applicable.
9. West Kagy Blvd is classified as a Principal Arterial in the Bozeman Transportation
Master Plan (TMP), which has a minimum right-of-way ROW width of (120) feet. The
applicant must provide their respective Fowler Lane ROW section from the centerline
of the existing ROW or the entire section (if the street section resides within the
proposed annexation area) as a public street and utility easement where Fowler is
adjacent prior to the adoption of Resolution of Annexation.
10. West Stucky Road is classified as a Collector in the Bozeman Transportation Master
Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant
must provide their respective Fowler Lane ROW section from the centerline of the
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existing ROW or the entire section (if the street section resides within the proposed
annexation area) as a public street and utility easement where Fowler is adjacent prior
to the adoption of Resolution of Annexation.
ENGINEERING ADVISORY COMMENTS:
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal
High Groundwater - The subject project is located in an area that is known to have
seasonally high groundwater. The applicant must confirm seasonal high groundwater
elevations, and seasonal high groundwater data must be measured and submitted with any
future development application on the parcel. Due to the seasonal nature of SHGWL
measurements, the applicant is advised to begin groundwater measurements in the winter
and continue measuring through July. Measurements must be at sufficient intervals to
define the SHGWL across the site. Industry guidance recommends a three-foot minimum
separation from the bottom of a stormwater facility to the underlying groundwater table.
The applicant is advised that future development may be subject to limitations or
restrictions based on seasonal high groundwater elevations.
Payback District
1. The subject property is located within the Meadow Creek Subdivision payback district
boundary for sewer and signal improvements. The applicant is advised that the payback
must be paid at the time of future subdivision or site plan development approval.
Water
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer
systems – In conjunction with streets construction - The City’s Water Facility Plan
identified the need for a water transmission main (CIP Reference FP_1371: 16-inch water
main New Growth and Development) directly adjacent to the subject property in Stucky
Road to service future development.
Water infrastructure improvements will be reviewed with future development applications.
The identified water capital planning improvements must be designed in coordination with
any future Stucky Road improvements adjacent to the subject property.
The applicant is advised that the capital Improvements identified within the facility plans
must be located within City ROW, a public street and utility easement, or a water and sewer
easement.
2. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property is
located in the City’s main pressure zone (Sourdough Zone). Water pressures around the
subject property vary from 67 to 86 psi. Upon future development, the water distribution
system must be designed to meet the requirements outlined in the City of Bozeman Design
Standards and Specifications Policy. Additionally, all water system improvements must
also be designed and installed in accordance with the Montana Department of
Environmental Quality Circular 1; Montana Public Works Standards and Specifications
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(MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water
Facility Plan.
Wastewater
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer
systems - The subject property is located within two identified wastewater drainage basin’s
(Farmers Canal and Cattail Creek). The applicant is advised that the City does not allow
wastewater basin jumps, as such to preserve the allotted capacity as identified within the
City’s adopted wastewater facility plan.
Upon future development, the applicant is advised that future sanitary sewer flows must
flow by gravity into the collection system as defined in the City Wastewater Facility Plan,
and that use of private lift stations will not be permitted. The applicant is advised that the
City’s wastewater facility plan requires a new 8-inch sewer main extension between Stucky
Road and West Lincoln Street to serve development that resides within the Cattail Creek
Drainage Basin, as identified in the City’s wastewater facility plan (Capital Improvement
Plan (CIP) Reference 9424: 8-inch Main Extension Cattail Creek Basin.
The identified wastewater capital planning improvements must be designed in coordination
with any future subdivision improvements. Sanitary sewer infrastructure improvements
will be reviewed with future development applications. The applicant is advised to work
with the City’s engineering department on the alignment and layout prior to future
subdivision or site plan applications.
The applicant is advised that the capital Improvements identified within the facility plans
must be located within City ROW, a public street and utility easement, or a water and sewer
easement.
2. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – Upon future
development, the applicant must provide an estimate of the peak-hour sanitary sewer
demands, certified by a professional engineer, for the proposed project. The City will
analyze and determine if sewer capacity is available to accommodate the project. The
applicant is advised that sewer capacity is allocated on a first come first serve basis and is
not entitled until preliminary plat or site plan approval.
Transportation
1. BMC 38.400.010 Streets (A) (1) – Upon future development, Stucky Road must be fully
constructed adjacent to the subject property to the City’s Collector Standard as defined in
the City’s Transportation Master Plan. Any required right-of-way (ROW) or public street
and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
2. BMC 38.400.010 Streets (A) (1) – Upon future development, Kagy Blvd must be fully
constructed adjacent to the subject property to the City’s Principal Arterial Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or
public street and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
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3. BMC 38.400.010 Streets (A) (1) – Upon future development, South 19th Ave must be fully
constructed adjacent to the subject property to the City’s Principal Arterial Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW) or
public street and utility easement acquisition from offsite property owners is the applicant’s
responsibility.
4. BMC 38.400.010 Streets (A) (8) – Upon future development, to facilitate traffic
movement, the provision of emergency services and the placement of utility easements, all
developments must be provided with a second means of access.
5. BMC 38.410.040 Blocks – Upon future development, the applicant must construct an
appropriate local street grid through the property that meets block length requirements.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “West University Annexation Zone Map
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “West University
Annexation Zone Map Amendment Zone Map Amendment”. The map must be supplied
as a PDF. This map must be acceptable to the City Engineer’s Office, and must be
submitted within 60 days of the action to approve the zone map amendment. Said map
shall contain a metes and bounds legal description of the perimeter of the subject property
including adjacent right-of-ways or street easements, and total acreage of the property to
be rezoned; unless the property to be rezoned can be entirely described by reference to
existing platted properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time.
The City Commission will hold a public meeting on the annexation on March 22, 2022. The
meeting will begin at 6 p.m. The meeting will be conducted in person or through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 21409.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on this ZMA on March 7, 2022 and forwarded a recommendation to approve
the Zone Map amendment to the Commission.
The City Commission will hold a public hearing on the zone map amendment on March 22,
2022. The meeting will begin at 6 p.m. The meeting will be conducted in person or through
WebEx. Instructions on joining the meeting will be included on the meeting agenda.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the north, west,
and east sides.
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Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Neutral. The subject property is not surrounded in its entirety but is bordered by the city with
over 70 percent of its boundary adjacent to existing City limits.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion Met. No city services are currently contracted on the property.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for development
that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Community
Commercial Mixed Use and is within the urban area of the growth policy. See the discussion
under Criterion A of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill in a significant portion of a designated mixed-
use at the terminus of Kagy Boulevard and at the corner of a two primary transportation
corridors of South 19th Avenue and Stucky Road, designated Principal Arterial and Collector
streets respectfully.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. The subject property will capture the right of way for the extension of West
Kagy Boulevard west to MSU property to the west and Stucky Road on the southern edge of
the property. Kagy Boulevard is a designated Principal Arterial Stucky Road is a Collector
according to the Bozeman Area Transportation Plan, 2017 update.
The University of Montana Long range Campus Development Plan (LRCDP) lists West Kagy
Boulevard is a critical connection for western expansion for the University. Furthermore, the
MSU Long range Transportation Master Plan shows an extension of Kagy Boulevard within
their planning area extending to the future extension of Ferguson Avenue.
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MSU LRCDP: Districts & Neighborhoods Map
MSU Transportation Plan; Vehicular Recommendations
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Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Criterion Met. The subject property is approximately 97.26 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 8. The landowner will consent to
this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. An existing 21 inch sewer main is installed in Stucky Road, an
18 inch is located in Wet Lincoln Street, and additional 8 inch main is in the Remington
Apartments development directly to the east. Additional water and sewer lines needed to
service development on site will addressed with subsequent review process. Any future
development will be required to connect to the City systems.
Per Term of Annexation 6, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
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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 9 and 10.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Community Commercial Mixed Use. No
change to the growth policy is required. The application includes a request for initial zoning of
B-2M and REMU. See the zone map amendment section of this report for analysis of the zone
map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment Criterion
A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on March 7, 2022. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on March 22, 2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of B-2M, Community
Business District-Mixed district and REMU, Residential Emphasis Mixed Use district. See
Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
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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 an extension of Kagy Boulevard, Remington
Way, and South 19th to the east, and Stucky Road on the south.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 8 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject property.
Numerous sewer mains are installed in adjacent ROW as noted in goal 10 above. Any future
development will be required to connect to the City systems. The property is located adjacent
to existing urban development that is currently served by Bozeman Fire.
Per Term of Annexation 6 and 7, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
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sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. No services are currently being provided on the subject property.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as required
in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. Suggested terms of annexation include a notice that the agreement, once
prepared and provided to the applicant, must be signed and retuned within the stated time
period. This policy will be implemented only if the Commission acts to grant approval. If the
application is denied then no annexation agreement will be necessary.
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Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application. Future transportation
network improvements will be required upon development.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. Term of annexation 6 and 7 requires full compliance with this policy. The
existing residential structures utilized the emergency connection option in conjunction with
this application to provide sewer service. No additional service are currently being contracted.
If approved, the all septic systems and water use for human consumption will be severed and
abandoned and connection to the City water and sewer system will be completed. Finally, all
future development will be required to connect to city services.
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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.
The applicant is proposing two different zoning districts on the property; B-2M and REMU.
Both districts implement the Future Land Use designation of the Bozeman Community Plan
2020. The map below is a clipped portion from the applicant submittal showing the zoning
configuration.
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Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Community Commercial Mixed Use. The Community Commercial Mixed Use designation
description reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
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Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, both REMU and B-2M districts are implementing district of
the Community Commercial Mixed-Use category.
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The applicant is requesting a mix of B-2M and REMU for the property, which is classified as
a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The
placement of the districts supports the tenant of the BCP2020 by modulating intensities of use
by the context of the area. In this case, the more intense zoning district, B-2M is being located
near existing major transportation corridors of South 19th and Stucky Road and at the extension
of Kagy Boulevards. Further west the REMU district is proposed which will be supportive of
the greater residential use typically found in REMU development and this area is adjacent to
MSU research property.
The intent and purpose of the REMU district is to establish areas within Bozeman that are
mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. These
purposes are accomplished by a variety of objectives as detailed in Appendix B in this report.
In other words it is a very permissive zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Ten principles are listed under Basic Planning Precepts of the Plan. First, the precept
that urban design should integrate in residential and commercial land use activities, multimodal
transportation, and open spaces is supported by the REMU district implementation strategies
#5. Secondly, precept that a variety in housing and employment opportunities are essential is
supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur
relatively close to one another. This precept is supported by implementation strategy #2, 3, 4
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and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient,
and sustainable community by incorporating a holistic approach to the design, construction,
and operation of buildings, neighborhoods, and the City as a whole. Developments should
contribute to these goals and be integrated into their neighborhood and the larger community.
This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional
harmonious synergies are apparent but overall, the REMU district furthers the City’s effort to
develop in an urban form to support existing educational systems, economies, and
neighborhoods.
The B-2M district desires to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. This district provides for a range of
commercial uses that serve both the immediate area and the broader trade area and encourages
the integration of multi-household residential as a secondary use. Design standards
emphasizing pedestrian oriented design are important elements of this district. Use of this zone
is appropriate for arterial corridors, commercial nodes and/or areas served by transit. In other
words, the proposed location of this district supports its intent.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
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Commission declines the annexation then the requested B-2M and REMU zoning will not
occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the west, south, and southeast
with over 4,500 lineal feet adjacent to existing City limits. It adds approximately 34 acres to
the City limits that is available for urban development while creating a more consistent city
border.
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RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Therefore, based on the aforementioned analysis, the proposed REMU and B-2m zoning
districts are promotive of the BCP 2020.
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with City
emergency services including police, fire and ambulance. Future development of the property
will be required to conform to all City of Bozeman public safety, building and land use
requirements. The City provides emergency services to adjacent properties and no obstacles
have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the BCP 2020. Public health and safety will be
positively affected by requiring the two existing homes and new development to connect to
municipal sanitary sewer and water systems, which will prevent groundwater pollution and
depletion by wells and septic systems.
As noted in Criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare. The annexation and development of this site will facilitate
expansion of the non-motorized travel network with placement of a multi-use trail along water
course. Presence of the trail will facilitate non-motorized travel and recreational activities
supportive of personal health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts extensive
planning for municipal transportation, water, sewer, parks, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions and
identify enhancements needed to provide additional service needed by new development. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction.
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
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districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
See also comments under Criterion C.
E. Reasonable provision of adequate light and air.
Criterion Met. The B-2M and REMU zoning designations have requirements for setbacks,
height, and lot coverage which provide for the reasonable provision of adequate light and air.
Any future development of the property will be required to conform to City standards for
setbacks, height, lot coverage, and buffering.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
The site has wetlands running through the northern portion of the property. The City requires
protection of wetlands. This requirement applies to all zoning districts. This will support
additional light and air beyond what would otherwise be applicable on the site.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which will
include improvements along Stucky Road, extension of Remington, and the extension of Kagy
Boulevard in addition to internal streets required to serve the development.
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
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transportation system such as Stucky Road, multi-modal crossing facilities for South 19th
Avenue, assuming a nexus, future development will be required to provide these improvements
which will enhance the city’s motorized and non-motorized transportation systems.
Due to the size and configuration of the property the Walk Score varies depending on where
you request the date. On the north east side the score is 21 although marginally bikeable with
a bike score of 55. On the south side the score dips to 6 and the west edge cause the Walk
Score system to produce an error and gives a no walk score whatsoever.
Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk
Score® the walks score measures the walkability of any address based on the distance to
nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the B-2M and the REMU is to establish areas within
Bozeman that are mixed-use in character and to provide options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. The desire to encourage the area to develop as allowed by both the REMU
and the B-2M zoning was established for many years through the adoption of the 2009
Community Plan and designating this area as Community Commercial Mixed Use.
Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and future commercial.
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Creating a more dense residential development with commercial services adjacent to primary
transportation corridoes, educational facilities, and close proximity to other districts in the city
create compatible urban growth. In addition, the proposed zoning is in accordance with the
Bozeman Community Plan’s future land use designation of Community Commercial Mixed
Use.
H. Character of the district.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the properties as Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The districts were developed by the City to promote appropriate
urban growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
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integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77 of
the Bozeman Community Plan 2020.
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the evolving character of the area. As underdeveloped site, describing the character of
the site is problematic. However, as noted in this report, we rely on the intent of the area as
described in BCP2020 and the proposed zoning districts. The intent of the B-2M district is
aligned with the intent of the future land designation by the description that accommodates
substantial growth and enhances the character of the city, provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the
integration of multi-household residential as a secondary use. In addition, adopted design
standards emphasizing pedestrian oriented design are important elements of this district. Use
of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by
transit.
The proposed REMU zoning promotes the character of the district as the intent of the
Residential Emphasis Mixed-use District is to:
“…establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood.” Described in Appendix B
below the district employs nine aspirational statements to encourage developers to
design and construct developments that meet the intent and purpose of the district.
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
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a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
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b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types
With such a broad intent and purpose statement is difficult to find the B-2M or the REMU
district would not be promotive of a districts character. However, other residential zoning
districts allow the same residential structure types and densities as the REMU district. The
REMU district allows great latitude for large scale commercial use as described in Table
38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is
no restrictions to convenience uses, offices, general service use, short term rentals, although
hotels are limited to 40,000 square feet.
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
B-2M and REMU envisions. The site is well located in relation to utilities and transportation.
Proximity of housing to significant services and employment is encouraged in the growth
policy. The proposed zoning designations are suitable for the property’s location and adjacent
uses.
J. Conserving the value of buildings.
Neutral. Although there are no structures on the subject property future development will
influence properties nearby. Considerable new development has and is planned to occur nearby
with the exception of the Genesis Business Park to the south. Development of the site will
likely increase building values in the area, including the County inholding, by adding
additional demand for goods and services, connecting and completing the transportation
network, and through the minimum standards of the B-2M and REMU districts.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU and B-2M zoning designations will encourage the most
appropriate use of land as the property is adjacent to both residential and commercial uses.
There is access to the city’s services, including streets, thus is able to support a higher intensity
of uses as allowed within the REMU and B-2M zoning districts. Furthermore, the proposed
REMU zoning designation is consistent with the BCP 2020 future land use map designation
of “Community Commercial Mixed Use”.
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. While the proposed use is not an exact match in type or intensity of the adjacent land uses,
it is not significantly different from the uses. To the south is an existing business park
commercial area that includes a variety of uses that are permitted by the proposed zoning
districts in this application. Directly adjacent to this property are other properties zoned B-2M,
REMU, and high density residential areas. To the north and west are State of Montana
properties part of the land grant system of Montana State University. As illustrated in the maps
in Section 1 of this report MSU shows the areas adjacent to the subject property earmarked for
additional educational services and residential development in the future.
Considerable amount of adjacent land are zoned B-2M and REMU with more REMU area
being reviewed by the City directly to the south of the subject property. Although there are
areas with different zoning the proposed intensity falls within the range of adjacent properties
land uses of suburban office, medium to high density residential, and designated commercial
areas with primary transportation corridors bounding the property. As discussed in Criterion
A above, the B-2M and REMU zoning is consistent with the adopted growth policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with the proposed
annexation of the property. While the City supports and encourages multiparty annexation
applications, they are not required, thus single owner petition annexation requests are the most
frequently seen. The amendment is consistent with and supports the City’s adopted growth
policy, thus is assumed to be a benefit to the greater community even though the number of
immediate landowners are small.
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.
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The application is consistent both with the City’s and the County’s growth policy. The growth
policy’s consistency demonstrates benefit to the general public and greater community. As
mentioned previously, any future development will require the applicant to provide the needed
infrastructure to support new development. Concurrency and adequacy of infrastructure should
mitigate potential negative effects on others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on February 20, 2022 and February 27,
2022. The notice was posted on site and notices mailed by the applicant as required by 38.220
and the required confirmation provided to the Planning Office. Notice was provided at least 15
and not more than 45 days prior to any public hearing.
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As of the writing of this report on March 9, 2022, no written comments have been received on
this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed) and
REMU (Residential Emphasis Mixed Use).
The intent of the B-2M district is “…to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district provides
for a range of commercial uses that serve both the immediate area and the broader trade area
and encourages the integration of multi-household residential as a secondary use. Design
standards emphasizing pedestrian oriented design are important elements of this district. Use
of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by
transit”.
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The intent of the REMU, Residential Emphasis Mixed Use District, whose intent is to establish
areas within Bozeman that are mixed-use in character and to provide options for a variety of
housing, employment, retail and neighborhood service opportunities within a new or existing
neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
i. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
j. Support compact, walkable developments that promote balanced transportation
options;
k. Have residential as the majority use with a range of densities;
l. Provide for a diverse array of commercial and civic uses supporting residential;
m. Have residential and commercial uses mixed vertically and/or horizontally;
n. Locate commercial uses within walking distance;
o. Incorporate a wider range of housing types; and
p. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
f. Support or add to an existing neighborhood context;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
h. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
i. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
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;
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h. Where appropriate create a center within an existing neighborhood;
i. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
j. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
k. Foster the master plan development into a mix of feasible, market driven uses;
l. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
m. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
e. Support existing infrastructure that is within and adjacent to REMU zones;
f. Encourage thoughtfully developed master planned communities;
g. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
h. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of REMU correlates with the Growth Policy’s future land use designation
of “Residential Mixed-Use”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Steve Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023
Applicant: West University, LLC, 113 East Oak Street, Suite 4A, Bozeman, MT 59715
Representative: Intrinsik Architecture, 106 East Babcock Street, Suite 1A, Bozeman, MT
59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=256966&cr=1
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Continue to April 5 The Lumberyard Zone Map Amendment to the City
Zoning Map to Rezone Approximately 12 Acres From B-2 (Community
Business District) to B-2M (Community Business District -Mixed) Including
Adjacent Street Right of Way, Site is Located North of Patrick Street and
West of N. 11th Avenue, Application 21458
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:I move to continue to April 5 The Lumberyard Zone Map Amendment to the
City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community
Business District) to B-2M (Community Business District -Mixed) Including
Adjacent Street Right of Way, Site is Located North of Patrick Street and
West of N. 11th Avenue, Application 21458
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The application was submitted on November 23, 2021. The site is vacant and
has been partially subdivided. The adjacent property on three sides is
presently vacant. A variety of commercial development is to the south
including several retail businesses and offices. All surrounding property is
zoned as B-2, Community Business. A public street will separate property
with different zoning. See the staff report for further information.
Application materials are available through the Laserfiche archive.
The Community Development Board, acting in their capacity as the Zoning
Commission, conducted their public hearing on March 7, 2022 and
recommend approval. For more information see the attached staff report.
UNRESOLVED ISSUES:None
ALTERNATIVES:See attached staff report
FISCAL EFFECTS:None
Attachments:
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21458 Lumberyard ZMA Staff Report CC.pdf
Report compiled on: March 9, 2022
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21458 Staff Report for the Lumberyard Zone Map Amendment
Public Hearing: Zoning Commission meeting is on March 7, 2022
City Commission meeting is on March 22, 2022
Project Description: Amendment of the City Zoning Map to rezone approximately 12 acres
from B-2 (Community Business District) to B-2M (Community Business District -
Mixed) including adjacent street right of way.
Project Location: northwest of the intersection of N. 11th Avenue and Patrick Street and legally described as Lot 3A of the amended plat of Lot 3, Block 3 and Lot 6A of PT Land Phase 2 Subdivision, Plat J-498 The area to be zoned includes portions of the adjacent streets.
Recommendation: Meets standards for approval with contingencies.
Zoning Commission Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 21458 and move to
recommend approval of the Lumberyard Zone Map Amendment, with contingencies
required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21458 and move to approve the Lumberyard Zone
Map Amendment, with contingencies required to complete the application
processing.
Report: March 9, 2022
Staff Contacts: Chris Saunders, Community Development Manager
Lance Lehigh – Engineer III
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
Application materials are available through the City’s Community Development web viewer.
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Unresolved Issues
None identified at this time.
Project Summary
The site is vacant and has been partially subdivided. The adjacent property on three sides is
presently vacant. A variety of commercial development is to the south including several retail
businesses and offices. All surrounding property is zoned as B-2, Community Business. A
public street will separate property with different zoning.
Zoning Commission
The Community Development Board in their capacity as Zoning Commission conducted
their public hearing. No members of the public spoke regarding the application. On a
unanimous vote the application was recommended for approval. The meeting video is
available on the City’s website. The Lumberyard ZMA discussion begins at 2:37:30 in the
video.
Alternatives
1. Approval of the application;
2. Denial of the application based on alternative findings of non-compliance with the
criteria contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Public Comment
No written public comment has been received at this time. Received written public comment
will be available through the Laserfiche archive.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
Public Comment.................................................................................................................. 2
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SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
Zone Map Amendment ....................................................................................................... 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Spot Zoning Criteria ......................................................................................................... 15
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 16
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 17
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 19
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
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Map 2: Project Vicinity Map – with designations from
Bozeman Community Plan 2020 Future Land Use Map
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Map 3: Project Vicinity Map with Existing Zoning designations
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Lumberyard Zone Map Amendment.” All required
documents must be returned to the City within 60 days of the City Commission action to
approve the amendment or the preliminary approval shall be null and void.
2. That the applicant must submit a Zone Amendment map, titled “Lumberyard Zone Map
Amendment.” The map must be supplied as a PDF. This map must be acceptable to the
City Engineer’s Office, and must be submitted within 60 days of the action to approve the
zone map amendment. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including to the centerline of adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Community Development Board acting in their capacity as Zoning Commission held a
public hearing on this ZMA on March 7, 2022 and unanimously forwards a favorable
recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on March 22,
2022. The instructions for meeting location and attendance will be included on the agenda
available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m.
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SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory board and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. References in the text of this report to Articles, Divisions, or in the form
XX.XXX.XXX are to the Bozeman Municipal Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The application was initially submitted on November 23, 2021. On November
17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan
2020, (BCP 2020) which replaced the prior growth policy. The following review examines
the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
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land use map. The introduction to Chapter 3 discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
As shown in Section 1, on the excerpt of the future land use map, the property is designated
as Regional Commercial and Services. The Regional Commercial and Services designation
description reads:
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these
developments, location, and transition between lower density uses is important. Residential
space should be located above the first floor to maintain land availability for necessary
services. Development within this category needs well-integrated utilities, transportation,
and open space networks that encourage pedestrian activity and provide ready-access
within and adjacent to development. Large community scale areas in this land use category
are generally 75 acres or larger and are activity centers for several surrounding square
miles. These are intended to service the overall community as well as adjacent
neighborhoods and are typically distributed by a one-to two-mile separation.”
The entire future land use map is available through the Community Development Viewer on
the City’s website. The correlation between the future land use map of the growth policy and
the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. The full
table is provided in Appendix C.
Based on the proposed B-2M zoning districts’ proper correlation with the future land use
map category of Regional Commercial and Services as an implementing district, the zone
map amendment is in accordance with the future land use map.
For further discussion of the application of the growth policy to the zoning amendment
criteria see the discussion under individual criteria below.
On p. 72 in discussion of justifications for adopting a zone map amendment four example
reasons are provided. These include:
d. An owner requests the change and the request meets required standards.
For this application justification d is applicable as the owner has requested the change. This
report evaluates the amendment criteria and finds that they have been met. Therefore, the
application is in accordance with this section of the BCP 2020.
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Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. The zone map amendment is found to both be in accord with the
Bozeman Community Plan 2020 and implement the plan. Staff has found no conflict between
the proposed zone map amendments and the Bozeman Community Plan 2020 and have found
accordance between the amendment and the plan.
The existing and requested zoning districts allow the same uses as shown in Table 38.310.040.
There are combinations of features of the different zones which make the B-2M more appealing
to the landowner than B-2. There is little overall difference between the districts at the larger
scale of the growth policy. Staff has reviewed the BCP 2020 and finds no negative impact on
the goals and policies from the change in zoning. Both districts support infill development,
mixed uses, development in proximity to services, and similar infrastructure; all of which are
policies in the BCP 2020. Staff did not find a material benefit to the overall growth policy
compliance from the change in zoning. The change is districts is essentially neutral and either
district complies with the future land use map designation of Regional Commercial and
Services. Therefore, staff concludes that the application is in accordance with the growth policy
as a whole.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Water mains are in Patrick Street and other adjacent right of way to provide
water for fire fighting. The site is presently vacant. Emergency services have ready vehicle
access to the site. Future development of the property will be required to conform to all City
of Bozeman public safety, building, zoning, and other land use requirements, which will
ensure this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, architectural
design, and other features of the City’s development standards also advance the general
welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of
the well-being of the community as a whole. See also Criteria B and D.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public
requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. For example, the sewer and park facility
plans are now in the process of being updated. The City updates 2-3 plans each year to keep
current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Dedication of school facilities
is not required by municipal zoning standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development/redevelopment is proposed. Adequacy of all these public requirements is
evaluated during the subdivision and site development process. All zoning districts in
Bozeman enable a wide range of uses and intensities. At the time of future subdivision or site
plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
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applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). The specific needs for
public requirements will be assessed during development review when the details of
development are known to ensure adequacy of public requirements. At this time, the facility
plans and Infrastructure Viewer show services to the site.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and onsite
open space requirements, maximum building height, and other requirements. The site is also
located with existing or future public streets on four sides which provide physical separation
from adjacent development and provide for access to light and air.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks or an equivalent and on-site open spaces to meet needs of residents. The standards
provide a reasonable provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion neutral. The site is bounded by N. 11th Avenue and Patrick Street. Extensions of
N. 15th Avenue and Tschache Lane will occur with future development. Easements for those
two streets are in place. Patrick Street and Tschache Lane are local streets, and N 15th and N.
11th are collector streets. The existing street grid serves the larger area and connect to Oak
Street which is a principal arterial, and to Baxter Lane, a collector street. The requested
change in zoning from B-2 to B-2M will not immediately impact the motorized and non-
motorized transportation systems as the change does not authorize any actual construction.
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The specific future land uses for the site are not yet known but are the same in the existing
and proposed district. The lower maximum height in B-2 may lessen total demand for
transportation depending on what is ultimately constructed.
In any case, development of the property is required to comply with transportation-related
standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks,
and improvements to the transportation network. The site is well located for easy pedestrian
access to the 19th corridor and Midtown and the businesses and services located there.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan 2020 establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51)
The City’s future land use map designates the properties as Regional Commercial and
Services. This designation is implemented by several zoning districts including the B-2M
district proposed by the applicant. The zoning districts were developed by the City to
promote appropriate urban growth compatible with the areas of the City as identified on the
future land use map. Based on the land use map designation and correlated zoning districts in
the plan and proposed by the applicant, the zone map amendment would promote compatible
urban growth. Any future development must comply with the building, site design, and other
standards adopted to avoid or mitigate impacts of development. This supports compatible
urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of the B-2M municipal zoning district to the subject property will
not modify the allowed uses on the subject property.
The City has defined compatible development as:
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“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development and the overall character of the
surrounding area. The site and most of the adjacent area are undeveloped. As the amendment
will establish a district with a lower building height but the same uses no impact is found to
this criterion.
I. Peculiar suitability for particular uses.
Neutral. Detailed future uses for construction on the site are not available at this time.
However, the uses authorized in the B-2 and B-2M zoning districts can be seen in 38.310.040
allowing a ready comparison. Both districts allow the same uses. Therefore, no difference is
expected relevant to this criterion.
J. Conserving the value of buildings.
Criterion met. There are no buildings presently on the site. The values of surrounding
buildings are unlikely to be impacted to a measurable degree as the site is developed
according to the proposed B-2M district over time. Uses are the same in both the B-2 and B-
2M districts. The maximum building heights in B-2M are lower than in B-2. The public
streets provide a physical separation between the proposed B-2M and adjacent property.
The growth policy in discussing Criterion H, Character of the District, states:
“At a minimum, zoning boundaries should follow property boundaries. The greater the
physical separation, the less likely there may be a conflict. For example, a local street,
typically 60 feet wide, when combined with the standards for site development, is
generally considered an adequate separation—even for substantially different districts.”
Considering the factors identified above, staff finds this criterion to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. As stated above, the Bozeman Community Plan 2020 illustrates the most appropriate
use of the land through the future land use map. This application complies with the BCP 2020
by proposing a zone map amendment of a district that continues to implement the future land
use map designations. The Unified Development Code contains standards, protections and
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review processes to ensure the land is developed in ways that are appropriate to a site’s context
and according to the BCP 2020. The uses allowed in the existing B-2 and proposed B-2M
districts are the same so the amendment does not change the use of the property.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To satisfy this criterion, the reviewer must demonstrate a
‘significant difference.’ As an example, in the Plains Grains LP case the change was from
Agricultural to Heavy Industrial; and in the Little case the zoning was commercial which
zoning was in conflict with the planned residential uses shown in the growth policy and
existing in the surrounding area.
The existing zoning of the site and the adjacent properties is B-2. The uses authorized in the
B-2 and B-2M zoning districts can be seen in 38.310.040 allowing a ready comparison. Both
districts allow the same uses. There are some minor differences in the review processes for
similar uses in both districts. Differences between districts are primarily in non-use attributes.
Therefore there is no significantly different use from those in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion met. The application is submitted by one landowner. Division 38.260 Part 2
describes the process to request a zone map amendment and its review. Section 38.260.100
explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP
2020 also discusses the initiation of zone map amendments. On page 72, the needed
justification for a zone map change is discussed. It states that landowner preference, when
coupled with compliance with the criteria established in statute, is sufficient to justify an
amendment.
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3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
Criterion not met. While only one landowner owns the property subject to the zone change,
there is no reason to believe the amendment would come at the expense of surrounding
landowners or the general public. Allowed uses are the same as the existing and adjacent B-2
zoning. Infrastructure to support the uses is also very similar. To the contrary, the BCP 2020
is an expression of the public’s desires for different types and scales of urban development
throughout the City. The proposed zoning aligns with Table 4 of the BCP 2020, and therefore
would be to the benefit of the general public.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposed
zoning amendments referred to in this notice until the close of the public hearing
before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the application number, 21458); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the
Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-
1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on February 13 and February 27, 2022. Notice was sent via first class mail to adjacent
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landowners on February 11, 2022 and posted on the property on February 11, 2022. No written
or oral comments have been received as of the writing of this report.
Received written public comment will be made available through the Laserfiche archive.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations:
The property’s growth policy designations on the Future Land Use Map of the Bozeman
Community Plan 2020 (Growth Policy) is Regional Commercial and Services.
Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these
developments, location, and transition between lower density uses is important. Residential
space should be located above the first floor to maintain land availability for necessary
services. Development within this category needs well-integrated utilities, transportation,
and open space networks that encourage pedestrian activity and provide ready-access
within and adjacent to development. Large community scale areas in this land use category
are generally 75 acres or larger and are activity centers for several surrounding square
miles. These are intended to service the overall community as well as adjacent
neighborhoods and are typically distributed by a one-to two-mile separation.
Proposed Zoning Designation and Land Uses: The applicant has requested a zone map
amendment to B-2M (Community Business District-Mixed). The following are the stated
intent and purpose of this district:
The intent of the B-2M community business district-mixed is to function as a vibrant
mixed-use district that accommodates substantial growth and enhances the character of the
city. This district provides for a range of commercial uses that serve both the immediate
area and the broader trade area and encourages the integration of multi-household
residential as a secondary use. Design standards emphasizing pedestrian oriented design
are important elements of this district. Use of this zone is appropriate for arterial corridors,
commercial nodes and/or areas served by transit.
The following figure from the BCP 2020, with a red box indicating the applicability of this
proposed ZMA, illustrates how the proposed B-2M district correlates with the Regional
Commercial and Services designation of the Future Land Use Map:
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Virga Venture I, LLC, PO Box 1070 Bozeman MT 59771
Applicant/Representative: SMA Architecture + Design, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials are available through the City’s Community Development web viewer.
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Memorandum
REPORT TO:City Commission
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:March 22, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION: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.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex 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
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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.
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.
The hearing was continued from March 8, 2022.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
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.
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 CC SR - March 22 version.pdf
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Report compiled on: March 9, 2022
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Page 1 of 41
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; continued to March 22, 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: March 9, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
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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.
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.
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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 Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on February 7, 2022. After consideration of the application materials, Staff
report, and public comment the Board voted unanimously to recommend approval of the Zone
Map Amendment to establish REMU zoning as requested by the applicant.
No public comment was heard on the application. A video recording of the meeting can be
viewed at the following link.
https://bozeman.granicus.com/player/clip/236?view_id=1&redirect=true
Meeting starts at time stamp 1:29
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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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Community Development (Zoning Commission) Alternatives ....... Error! Bookmark not
defined.
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 11
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 16
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 17
Annexation ........................................................................................................................ 17
Zone Map Amendment ..................................................................................................... 17
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 18
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 25
Spot Zoning Criteria ......................................................................................................... 35
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 37
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 37
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 37
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 40
FISCAL EFFECTS ................................................................................................................. 41
ATTACHMENTS ................................................................................................................... 41
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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 322
Staff Report for the Bennett Annexation and Zone Map Amendment, Application 21331 Page 8 of 41
Map 4: BCP 2020 Future Land Use Map
Subject Property 323
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Map 5: Existing City Zoning
Subject Property 324
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Map 6: Watercourses, existing and Proposed PROST trail network
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Page 11 of 41
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 “Bennett Properties Annexation”.
2. Map Format Term. An Annexation Map, titled “Bennett Properties 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. Street improvements to S. 27th Avenue between Stucky Road and West Graf
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to Stucky Road between Fowler Lane and South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
c. Street improvements to West Graf Street between Fowler Lane to South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
d. Street improvements to Fowler Lane between West Graf Street and Stucky Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
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e. Intersection improvements at South 27th Ave and West Graft Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Intersection improvements at Fowler Lane and West Graf Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements at West Graf Street and South 19th Ave including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at Stucky Road and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. 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.
k. SID waiver template term. The applicant may obtain a copy of the template SID
waiver from the City Engineering Department. The document filed must specify
that in the event an SID is not utilized for the completion of these improvements,
the applicant agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined
by square footage of property, taxable valuation of the property, traffic contribution
from the development, or a combination thereof. The applicant must provide a
copy of the SID waiver filed with the County Clerk and Recorder prior to
annexation.
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 "d" Verification of Municipal Service. The Annexation Agreement
must include notice that there is no right, either granted or implied, for Landowner
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to further develop any of the Property until it is verified by the City that the
necessary municipal services are available to the property.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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. 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.
9. 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.
10. 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.
11. 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.
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12. BMC 38.400.010 Streets (A) (1). Upon future development, Stucky Road must be fully
constructed adjacent to the subject property to the City's Collector Standard as defined
in the City's Transportation Master Plan.
Stucky Road Offsite Improvements Term of Annexation:
The Landowner agrees that prior to final occupancy of any structure in any phase on
the BENNETT PROPERTY ANNEXATION, the entire cross section width of Stucky
Road from the intersection of South 19th Avenue to the western boundary of the
BENNETT PROPERTY ANNEXATION shall be improved to a collector standard
road section as described in the long range transportation plan for Bozeman, whichever
such plan is in place at the time such improvements are made. Landowner recognizes
the required improvements to Stucky Road are necessary to provide adequate and
sufficient access for vehicular, pedestrian, and multi-modal transportation, are
reasonably related to and necessary to mitigate the impacts of developing the
BENNETT PROPERTY ANNEXATION to the adopted zoning designation.
Stucky Road improvements shall include dedication or an easement to the City of all
necessary right-of-way including on the BENNETT PROPERTY ANNEXATION and
right-of-way on adjacent properties necessary to complete the entirety of Stucky Road
to a collector standard, all necessary subsurface improvements, and all other necessary
improvements including but not limited to bike lanes, parking lanes, signage, curb,
gutter, boulevard, stormwater facilities, and sidewalk on both sides of the required
section of Stucky Road.
A portion of the Stucky Road improvements are potentially eligible to be partially or
fully funded by the City through its capital improvement program. Landowner
recognizes Stucky Road improvements are not listed for funding in the City’s current
capital improvement program. Landowner agrees nothing herein binds the City to add
Stucky Road improvements to its capital improvement program.
Landowner recognizes Stucky Road, as a designated collector street, provides a critical
east/west corridor for the overall street network for the City and improvements to
Stucky Road are necessary to mitigate the impacts of any future development on the
BENNETT PROPERTY ANNEXATION. Therefore, in addition to the Landowner
recognizing and agreeing Stucky Road must be completed prior to development as
stated above, the Landowner agrees to participate in an equitable fair share of
improvement costs for improving the entirety of Stucky Road as described herein to a
collector standard. The Landowner further understands and agrees that portions of
Stucky Road lie outside of the City boundaries and that the City has limited ability to
compel participation by other parties to participate in cost share for improvements to
Stucky Road which may cause delay to improvements.
As such, Landowner agrees the City is in no way bound or obligated to use eminent
domain to further the completion of improvements to Stucky Road as required by this
Agreement. The City agrees to work in good faith with the Landowner to make road
improvements but Landowner may need to work with and encourage participation by
other Landowners along the required section of Stucky Road in order for road
improvements to move forward in a time frame desired by Landowner.
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Landowner shall provide a waiver of right to protest creation of a special improvement
district for Stucky Road Improvement as required pursuant to Section XX of the
annexation agreement
Any required right-of-way (ROW) or public street and utility easement acquisition
from offsite property owners is the applicant's responsibility.
13. As presented in the Bennett Annexation Map, engineering is in agreement with the
proposed ROW/Easement for South 27th and Stucky as presented. The applicant will
need to provide a final public street and utility easement as part of the final annexation
agreement.
The applicant is advised to work with engineering and planning on review of the final
annexation documents
Advisory Comments
1. BMC 38.400.010 Streets (A) (1). Upon future development, South 27th Avenue must
be fully constructed adjacent to the subject property to the City’s Collector Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW)
or public street and utility easement acquisition from offsite property owners is the
applicant’s responsibility.
2. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems. In
conjunction with streets construction - The City’s Water Facility Plan identified the
need for a water transmission main (CIP Reference FP_1386: 12-inch water main New
Growth and Development) directly adjacent to the subject property in South 27th Ave
to service future development.
Water infrastructure improvements will be reviewed with future development
applications. The identified water capital planning improvements must be designed in
coordination with any future Stucky Road improvements adjacent to the subject
property.
The applicant is advised that the capital Improvements identified within the facility
plans must be located within City ROW, a public street and utility easement, or a water
and sewer easement.
3. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems. In
conjunction with streets construction - The City’s Water Facility Plan identified the
need for a water transmission main (CIP Reference FP_1372: 16-inch water main New
Growth and Development) directly adjacent to the subject property in Stucky Road to
service future development.
Water infrastructure improvements will be reviewed with future development
applications. The identified water capital planning improvements must be designed in
coordination with any future Stucky Road improvements adjacent to the subject
property.
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The applicant is advised that the capital Improvements identified within the facility
plans must be located within City ROW, a public street and utility easement, or a water
and sewer easement.
4. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal
High Groundwater - The subject project is located in an area that is known to have
seasonally high groundwater. The applicant must confirm seasonal high groundwater
elevations, and seasonal high groundwater data must be measured and submitted with
any future development application on the parcel. Due to the seasonal nature of
SHGWL measurements, the applicant is advised to begin groundwater measurements
in the winter and continue measuring through July. Measurements must be at sufficient
intervals to define the SHGWL across the site. Industry guidance recommends a three-
foot minimum separation from the bottom of a stormwater facility to the underlying
groundwater table. The applicant is advised that future development may be subject to
limitations or restrictions based on seasonal high groundwater elevations.
5. The subject property is located within the Meadow Creek Subdivision payback district
boundary for sewer, water, and signal improvements. The applicant is advised that the
payback must be paid at the time of future subdivision or site plan development
approval.
6. BMC 38.410.130 Water rights - The applicant must contact Griffin Nielsen with the
City Engineering Department to obtain a determination of cash-in-lieu (CIL) of water
rights upon future development.
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 Properties 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 Properties
Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must
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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
(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. The March 8, 2022
hearing was continued to March 22, 2022.
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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
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.
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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. Stucky Road and Graf Street provide access to the subject property. Stucky
Road is a County road improved with asphalt millings in 2008 and resurfaced again in 2020.
Stormwater is dealt with by barrow ditches, there are no pedestrian or bicycle facilities, no
curb and gutter, or shoulder. According to the Greater Bozeman Area Transportation Plan,
2007 Update, Stucky Road is designated as a Collector street. Collector streets require a 90
foot right of way. Chapter 4 of the Bozeman Transportation Master Plan, 2017 Update details
Major Street Network improvements (MSN). Stucky Road is identified as a recommended
MSN improvement. Item MSN-16 states Stucky Road from South 19th Avenue to Gooch Hill
Road needs to be reconstructed to a three-lane urban collector street. Traffic on Stucky Road
continues to increase. There appears to be a variety of reasons for the increase including the
construction of the roundabout Cottonwood Road, improved surfacing, and county growth.
Stucky Road has become an alternate route to enter the City from Huffine Lane.
40 feet of ROW exists adjacent to the Genesis Business Park development, see Plat J-284.
Genesis Business Park filed an SID for signalization of Stucky and South 19th Avenue
(Document No. 399739 & 400869). Based on review of filed documentation with the Gallatin
County Clerk and Recorder, Genesis Business Park did not file a waiver the right to property
and SID for street improvement to Stucky Road. A full 45 feet of ROW exists adjacent to
Grace Bible Church, see Easement #2605962. In addition, Grace Bible Church provided a
waiver the right to property and SID for street improvement to Stucky Road (Document No.
359448).
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. The Stucky
Road Annexation addressed at 3000 Stucky Road, Application 15-232, west of the Bennett
property and also on the south side of the road required off-site identified the same deficiency
in the street network and required a term of annexation that prior to any habitable structure
built on the property that Stuck Road from South 19th Avenue to the western edge of the Stucky
Road Annexation property be contracted to the Collector standard. A copy of the signed and
executed Annexation agreement can be reviewed at the link below, see annexation term #9.
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https://weblink.bozeman.net/WebLink/DocView.aspx?id=97161&dbid=0&repo=BOZEMAN
The City is currently reviewing a separate annexation on the north side of Stucky Road. As
required by the City’s annexation policy, Stucky Road ROW will be required with this
annexation.
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.
Term of annexation 6 requires grant of a waiver of right to protest creation of SIDs for street
improvements.
Although annexing and establishment of initial zoning does not generate traffic demand, future
development of the property will. The timing and mechanism for payment for the
reconstruction of Stucky Road remains an unresolved issue. In addition, to approve the request
to annex into the City and establish initial zoning is predicated on finding that the Applicant
has overcome the burden of proof showing the Goals and policies of Resolution 5076 are met
(Section 5 of this report) and the application meets all of criteria set forth in Section 6 of this
report. There is no plan in place to make the necessary improvements to Stucky Road to fully
serve possible development on a 35.98 acre parcel with an entitlement of REMU zoning.
Therefore, staff is suggesting Term of Annexation 12 detailing Stucky Road improvements
upon future development.
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.
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
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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
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.
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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.
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
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although historically this portion of South 27th has been a gravel surface providing access to
the farm activities and residences on the property. See also Goal 7 above.
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.
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
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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.
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
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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.
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.
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A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or 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.”
“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
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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.
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
supported 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
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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.
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.
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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
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.
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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.
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
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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.
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.
Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk
Score® the walks score measures the walkability of any address based on the distance to
nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
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
has evolved. To the east is un-annexed business park type office complex without complete
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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.
5. Providing standards and guidelines that emphasize a sense of place:
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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.
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
already developed with moderately sized apartments buildings. Directly to the south is an area
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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?
Yes. The application is submitted by one landowner in conjunction with the proposed
annexation of the property. While the City supports and encourages multiparty annexation
applications, they are not required, thus single owner petition annexation requests are the most
frequently seen. The amendment is consistent with and supports the City’s adopted growth
policy, thus is assumed to be a benefit to the greater community even though the number of
immediate landowners are small.
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 March 9, 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
as parks, home-based occupations, fire stations, churches, schools, and some
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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;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
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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
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
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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.
356
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5377 Creation of Special Improvement Lighting District 769,
Norton East Ranch Phase 5
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5377 / Creation of Special Improvement
Lighting District #769, Norton East Ranch Phase 5
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Commission did on February 15, 2022 adopt Commission Resolution No.
5376 / Intent to Create Special Improvement Lighting District #769, Norton
East Ranch Phase 5 as per MCA 7-12-4301. The property owner has been
noticed of the public hearing on this date. Creating a lighting district is a
requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $32.41 per acre within the district or $577.56 annually for
the entire district, or on an average size lot of 5624 square feet the annual
estimated cost would be $4.18, which is payable semiannually
Attachments:
Resolution 5377-Creation of SILD 769 .doc
Report compiled on: January 31, 2022
357
Page 1 of 4
RESOLUTION 5377
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 769 NORTON RANCH EAST
PHASE 5 CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on February 15, 2022, adopted Resolution
No. 5376 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 769 (NORTON
RANCH EAST PHASE 5 of the City (the “District”), under Montana Code Annotated, Title 7,
Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local
improvements described generally therein (the “Improvements”) and paying costs incidental thereto,
including costs associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on March 22, 2022, this Commission
358
Resolution 5376, Creation of SILD 769 – Norton East Ranch Phase 5
Page 2 of 4
conducted a public hearing on the creation of the District and the making ofthe Improvements. The
meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of
the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 769 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
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Resolution 5376, Creation of SILD 769 – Norton East Ranch Phase 5
Page 3 of 4
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22
nd day of March, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5376 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 769(NORTON EAST
RANCH PHASE 5); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL
ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on March 22,
2022 and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 22nd day of March, 2022.
___________________________________
MIKE MAAS
City Clerk
361
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5379 Creation of Special Improvement Lighting District 770,
Annex of Bozeman
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5379 / Creation of Special Improvement
Lighting District #770, Annex of Bozeman.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Commission did on February 15, 2022 adopt Commission Resolution No.
5378 / Intent to Create Special Improvement Lighting District #770, Annex of
Bozeman as per MCA 7-12-4301. The property owner has been noticed of
the public hearing on this date. Creating a lighting district is a requirement of
final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $32.80 per acre within the district or $162.36 annually for
the entire district, or on an average size lot of 215,638 square feet the
annual estimated cost would be $162.36, which is payable semiannually.
Attachments:
Resolution 5379-Creation of SILD 770 .doc
Report compiled on: February 1, 2022
362
Page 1 of 4
RESOLUTION 5379
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 770 ANNEX OF
BOZEMANCREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on February 15, 2022, adopted Resolution
No. 5341 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 770 (ANNEX OF
BOZEMAN) ofthe City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part
43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
described generally therein (the “Improvements”) and paying costs incidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on March 22, 2022, this Commission
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Page 2 of 4
conducted a public hearing on the creation of the District and the making ofthe Improvements. The
meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of
the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 770 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
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Resolution 5379, Creation of SILD 770 – Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)
Page 3 of 4
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22
nd day of March, 2022.
___________________________________
CYNTHIA ANDRA
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5379, Creation of SILD 770 – Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5379 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 770 (ANNEX OF
BOZEMAN); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL
ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on March 22,
2022 and that the meeting was dulyheld by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 22
nd day of March, 2022.
___________________________________
MIKE MAAS
City Clerk
366
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
David Fine, Economic Development Program Manager
SUBJECT:Ordinance 2106 Provisional Adoption Approving a Project in the Downtown
Urban Renewal District as an Urban Renewal Project; Making Findings with
Respect Thereto and Approving the Use of Tax Increment Revenues or Tax
Increment Revenue Bonds to Reimburse Eligible Costs Thereof
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to approve the staff findings in the Commission Memorandum at
provisionally adopt Ordinance 2106.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Please see attached Commission Memorandum.
UNRESOLVED ISSUES:Please see attached Commission Memorandum.
ALTERNATIVES:Please see attached Commission Memorandum.
FISCAL EFFECTS:Please see attached Commission Memorandum.
Attachments:
Commission_Memo_Fire_Station_URP_Designation_032222.pdf
Ordinance__2106_approving_Fire_Station_project.docx
Report compiled on: March 11, 2022
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Memorandum
REPORT TO: City Commission
FROM: Jeff Mihelich, City Manager
David Fine, Economic Development Manager, Housing and Development
SUBJECT: Ordinance 2106 Provisional Adoption Approving a Project in the Downtown
Urban Renewal District as an Urban Renewal Project; Making Findings with
Respect Thereto and Approving the Use of Tax Increment Revenues or Tax
Increment Revenue Bonds to Reimburse Eligible Costs Thereof
MEETING DATE: March 22, 2022
AGENDA ITEM TYPE: Action
RECOMMENDATION: “I move to approve the staff findings in the Commission Memorandum and
provisionally adopt Ordinance 2106.”
Background
The City is soliciting offers from private investors to redevelop the Fire Station 1 property within the
District as a project with a significant workforce housing component. Due to very high development
costs in Bozeman, projects with a workforce housing component often feature a capital gap – the delta
between the cost to produce a workforce housing unit and the sale price or lease rate necessary for an
investor to complete the project. Recent analysis showing a capital gap in Bozeman housing construction
is instructive. One Valley Community Foundation partnered with Future West on a study of housing
affordability in the Bozeman area. For units defined as affordable for households making 100% of the
area median income (AMI), the analysis showed a capital gap of $99,800 for attached townhome units.
Rental units showed a smaller, though still significant capital gap. An analysis by Root Policy Research, a
real estate economics firm hired to revise the City’s approach to housing affordability, showed that
stacked condominium units may actually be more costly to construct due to elevators and other costs
related to building type. While these studies do not represent an analysis of a specific project in
Downtown, they are illustrative of the capital gap faced by most projects attempting affordability in the
Bozeman area. These financial realities imply that workforce housing, particularly in an area with high
land costs, like the Downtown core, will likely require an incentive or subsidy to be feasible in the
Bozeman market.
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Past Workforce Housing Efforts Downtown
The Downtown Urban Renewal District Board (the “Board”) has long sought the creation of workforce
housing units in Downtown Bozeman. In Fiscal Year 2012, the Board created and included $100,000 in
its annual work plan and budget as a “Residential Housing Incentive Grant.” The Board included the
same incentive amount in its work plan and budget for each subsequent fiscal year until, in FY 2022, the
Board increased the amount appropriated for the program to $250,000. The program, to date, has not
received any applications. The Board, nevertheless, has clearly signaled their intent to support
community housing with $1,150,000 in appropriations over the past 10 fiscal years.
The 2019 Downtown Improvement Plan reconfirmed the Board and the City’s commitment to workforce
housing Downtown and suggested that the District should go further to promote affordability:
The City and the Partnership can actively work with developers to construct multi-family for rent
housing projects. For example, the Downtown Partnership could retool the Residential “Incentive
Program” which helps with impact fees to only apply to studios and one bedrooms units or to
any project that has long-term affordability controls. (p. 106)
For example, the District could emulate other districts like the Midtown Urban Renewal District, for
which the City Commission approved $2.1 million in incentives to encourage workforce housing in
Midtown in May 2021. By way of comparison, this project was proposed with 90 units of workforce
housing and 10 units of market rate housing, with a per unit subsidy for the workforce units of $24,092
per unit. While these numbers appear large, independent, third party pro forma analysis determined
that the incentives are reasonable to create workforce housing units.
The Downtown Urban Renewal Board considered a Resolution to recommend that the Bozeman City
Commission designate a workforce housing project at the Fire Station site as an urban renewal project
at two meetings. At a February 15, 2022 meeting, the Board voted 2-2 on a motion to deny the
Resolution to designate the project as an urban renewal project, which resulted in no action. Staff
returned to the Board at March 1, 2022 meeting with additional information. At this meeting, a motion
to adopt the Resolution failed 2-2.
Status of Current Offers.
City Staff reviewed offers on the Fire Station site with a workforce housing component. All of the active
offers providing workforce housing requested TIF incentives. All but one of these offers requested
$1.6M in TIF incentives to promote affordability. One offer requested $1M in TIF incentives, but also
required that the City supply parking off-site in the Bridger Park Garage. This contingency was counter to
current policy regarding providing long-term leases in the Bridger Park Garage, and the distance to
Bridger Park Garage from the Fire Station exceeds the allowable distance for off-site parking in the
Unified Development Code. Another offer required the City to provide a loan for 90% of the purchase
price and required $1.6M in TIF incentives. This offer was also not financially feasible for the City. Given
this information, City Staff were able to reduce the number of recommended workforce housing offers
to a single recommended offer, which provided workforce housing.
As an offer including a workforce housing component, City Staff is recommending Cory Reistad’s Offer
for its strength in terms of number of workforce housing units, associated contingencies, and other
factors. Like other potential buyers, Reistad requested $1.6M in TIF assistance. In a meeting with the
Reistad team, the potential buyer was able to clarify a number of points regarding their offer.
369
Reistad and his team propose to provide at least 50 for-sale units
• In negotiations, the buyer requested flexibility from their proposed pro-forma, which
will be updated to reflect current construction conditions and final design during the
due diligence period. (The attached pro forma calls for 57 units on the site.)
• All units would have long-term, deed restricted affordability for households making
120% AMI or less.
Given the increased cost of Downtown land and the recently approved Midtown project, a subsidy of
$32,000 per unit appears reasonable.
Alignment with the Downtown Urban Renewal Plan and Downtown Improvement Plan.
The Ordinance enumerates the ways in which the project is consistent with the City’s planning
documents including the Bozeman Community Plan, the Downtown Urban Renewal Plan, and the 2019
Downtown Improvement Plan. The City should consider the principles and implementation actions of
the Downtown Urban Renewal Plan in determining whether to designate an Urban Renewal Project.
Four of the nine principles of the Downtown Urban Renewal Plan specifically call for enabling high
density housing in and around Downtown. All of the nine principles call for further implementation of
the urban renewal plan through updates to the Downtown Improvement Plan. These documents directly
call for the creation of affordable housing in Downtown Bozeman and the 2019 Downtown
Improvement Plan specifically suggests creating incentives for projects with long-term affordability
controls.
Implementation Actions from the Downtown Urban Renewal Plan (1995, 2015)
Principle 1: Strengthen Downtown’s Economic Vitality
• (5) Enable high density housing in and around Downtown
• (10) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 2: Community Partnership….is Fundamental to Downtown’s Success
• (4) Enable high density housing in and around Downtown.
Principle 3: Improve Safety Security and Health of the District
• (14) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 4: Improve Downtown’s Accessibility
• (10) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 5: Encourage Downtown Diversity
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• (1) Evaluate the City-County Master Plan, Zoning Code, development standards, regulatory
practices and administrative procedures to identify and broaden opportunities for diversity in
housing, employment, business, cultural activities and community events.
• (2) Enable high density housing in and around Downtown.
Principle 6: The Cost of Projects and Programs Shall Be Weighed Against Their Benefits
• (7) Evaluate the City-County Master Plan, Zoning Code, development standards, regulatory
practices and administrative procedures with the objective being to identify and eliminate all
unnecessary barriers to investment and reinvestment.
Principle 7: Downtown Shall Become More User Friendly
• (11) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 8: The Image of Downtown Shall Be Continuously Improved
• (13) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 9: Cultural Activities Shall Be Nurtured and Expanded Downtown
• (4) Enable high density housing in and around Downtown.
• (6) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Ordinance 2106
Ordinance 2106 aims to incentivize the redevelopment of the Fire Station 1 with workforce housing by
designating such a project as an Urban Renewal Project and offering a financial incentive of $1,600,000
for a proposed project that contains at least 50 units of workforce housing. The Ordinance defines
workforce housing as housing that is affordable to households making 120% AMI or less. The District
would pay the proposed incentive at the time the Project obtains a Certificate of Occupancy to ensure
the project is completed, thereby mitigating the risk to urban renewal funds and ensuring the creation
of new taxable value by the Project. Terms related to payment of the incentive funds will be included in
a future Development Agreement, which will be negotiated with a Buyer and approved at a later date.
Approval of Ordinance 2106 does not tie the incentive amount to a particular buyer of the property or
obligate the City to sell the property. The Ordinance defines the scope of a proposed urban renewal
project and the incentives the City would be willing to offer in order to meet specific urban renewal
objectives. Once defined as an urban renewal project, these terms could be offered to any qualified
future buyer or developer of the property.
Required Findings
Staff analyzed the findings required by statute found that the Project meets all of the five required
findings.
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1) No persons will be displaced from their housing by the Project;
a) The site is currently a Fire Station and does not have a residential use.
2) The Plan and the Project conform to the Bozeman Community Plan or parts thereof for the
City as a whole;
a) Pursuant to the Recitals in the Ordinance and the Staff Memorandum to the City
Commission, the Project is found to be in conformance with the Bozeman Community
Plan and its subordinate neighborhood plans, including the 2019 Downtown
Improvement Plan.
3) The Plan and the Project will afford maximum opportunity, consistent with the needs of the
City as a whole, for the rehabilitation or redevelopment of the District by private enterprise;
a) The City is utilizing a competitive solicitation of offers for private developers to
redevelop the site with a workforce housing component.
4) Taking into account the use of tax increment revenues or the proceeds of tax increment
revenue bonds to reimburse the Developer for all or a portion of the Eligible Costs, there is
expected to be a sound and adequate financial program for the financing of the Project;
a) The Downtown Urban Renewal District currently has adequate cash reserves to support
the proposed incentive payment.
5) The Project constitutes an urban renewal project within the meaning of the Act and the
Plan.
a) Pursuant to the Recitals and the Staff Memorandum to the City Commission, the Project
is found to be in conformance with the Downtown Urban Renewal Plan, which was
previously found by the City Commission to be in conformance with the Act.
Unresolved Issues
City Staff will negotiate issues related to timing, affordability covenants, and number of units in a future
Development Agreement for approval by the City Commission.
Fiscal Effects
The Downtown Urban Renewal District Fund has adequate reserves and annual revenues to appropriate
$1.6 million in a future fiscal year to make a payment required by a Development Agreement and/ or a
Purchase and Sale Agreement for the Fire Station property.
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ORDINANCE 2106
ORDINANCE APPROVING A PROJECT IN THE DOWNTOWN URBAN RENEWAL
DISTRICT AS AN URBAN RENEWAL PROJECT;MAKING FINDINGS WITH
RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES
OR TAX INCREMENT REVENUE BONDS TO REIMBURSE ELIGIBLE COSTS
THEREOF
BE IT ORDAINED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Recitals.
1.01 Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and
43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and
adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects
therein, provide for the segregation and collection of tax increment with respect to property taxes
collected in such areas, and apply tax increment revenues derived from projects undertaken
within the urban renewal area to pay eligible costs.
1.02. Pursuant to the Act and Ordinance No. 1409, adopted on November 20, 1995, and
Ordinance No. 1928 adopted December 28, 2015 (collectively, the “Ordinance”), the
Commission created the Downtown Urban Renewal District (the “District”) and approved the
Downtown Urban Renewal District Plan (the “Plan”)as an urban renewal plan in accordance
with the Act, which Plan provides for the segregation and collection of tax increment revenues
with respect to the District.
1.03. The 2020 Bozeman Community Plan identified community housing as “one of
Bozeman’s most serious problems,”
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
2
1.04. The 2020 Bozeman Community Plan goals, “Encourage distribution of affordable
housing units throughout the City with priority given to locations near commercial, recreational,
and transit assets.”
1.05. The 2020 Bozeman Community Plan goals urge policymakers to, “Require
development of affordable housing through coordination of funding for affordable housing and
infrastructure.”
1.06. The 2020 Bozeman Community Plan calls for prioritizing infill stating,
“Concentrated development uses land more efficiently, may reduce infrastructure costs, and
reduces the overall amount of road surface and need for parking lots, improving overall access to
parks, schools, and shops.”
1.07. The Urban Renewal Plan calls for the District to “Enable high density housing in
and around Downtown,” and “broaden opportunities for diversity in housing”
1.08. The Urban Renewal Plan lists as an implementation action to, “Further refine,
prioritize and implement the urban renewal plan by adopting updates to the “Downtown
Improvement Plan” outlining specific programs and projects.”
1.09. The 2019 Downtown Improvement Plan calls for the District to “Promote a range of
housing options,” including workforce housing and suggests a residential “Incentive Program”
for “any project which has long-term affordability controls.”
1.10. The 2019 Downtown Improvement Plan calls for the District to “Enable high
density housing in and around Downtown,” and “broaden opportunities for diversity in housing”
1.11. The City of Bozeman plans to sell its Fire Station 1 property, located at 34 N.
Rouse Ave., and harness its control of the site to incentivize the creation of workforce housing.
The City Commission supports providing an incentive of up to $1.6 million for an Urban
Renewal Project at the Fire Station 1 site that creates at least 50 units of workforce housing with
long-term affordability controls. The incentive must be to reimburse costs that may be paid by
tax increment financing as defined in 7-15-4288, MCA. For the purposes of this Urban Renewal
Project, workforce housing is defined as housing that is affordable to households making 120%
or less of the Area Median Income (AMI) as defined by the U.S. Department of Housing and
Urban Development (HUD). The City would pay the incentive after the project receives a
Certificate of Occupancy to mitigate risk to urban renewal funds and to ensure the creation of
new taxable value by the project. The Project would also include demolition of the existing Fire
Station structure and related infrastructure and utility improvements; and other related
improvements (collectively, the “Project”) as an urban renewal project under the Act and the
Plan. The Urban Renewal Funds will be available for up to a period of five (5) years after the
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
3
Closing Date; after this five (5) year period, eligibility for the Urban Renewal Funds expire. To
maintain eligibility for the Urban Renewal Funds five (5) years, Buyer must seek approval from
the City Commission for renewal of extension of eligibility.
1.12. On March 22, 2022, a duly noticed public hearing was held on the question of
approving the Project as an urban renewal project and the use of tax increment revenues to
provide an incentive for workforce housing and all persons appearing were given an opportunity
to speak at the public hearing.
Section 2
Approval of the Project as an Urban Renewal Project.
The Commission hereby approves the Project as an urban renewal project under the Act
and the Plan. The Project, including the Eligible Costs, is contemplated by and within the scope
of the Plan, and the Eligible Costs are eligible for tax increment financing under the Act.
Section 3
Findings.
The Commission hereby finds with respect to the Project as follows:
a.no persons will be displaced from their housing by the Project;
b.the Plan and the Project conform to the Bozeman Community Plan or parts
thereof for the City as a whole;
c.the Plan and the Project will afford maximum opportunity, consistent with
the needs of the City as a whole, for the rehabilitation or redevelopment of the
District by private enterprise;
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
4
d.taking into account the use of tax increment revenues or the proceeds of
tax increment revenue bonds to provide an incentive for workforce housing, there
is expected to be a sound and adequate financial program for the financing of the
Project; and
e.the Project constitutes an urban renewal project within the meaning of the
Act and the Plan.
Section 4
Use of Tax Increment.
4.01. The Commission hereby approves the use of tax increment revenues to incentivize
the development of workforce housing at the Fire Station site, subject to the terms and conditions
of a negotiated Development Agreement.
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
5
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March , 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
A-1
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”), hereby certify that the attached resolution is a true copy of Ordinance No.
#### entitled: “ORDINANCE APPROVING A PROJECT IN THE DOWNTOWN URBAN
RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT; MAKING FINDINGS
WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT
REVENUES OR TAX INCREMENT REVENUE BONDS TO REIMBURSE ELIGIBLE
COSTS THEREOF”(the “Ordinance”), on file in the original records of the City in my legal
custody; that the Ordinance was duly adopted by the City Commission of the City at a regular
meeting on March 22, 2022, and that the meeting was duly held by the City Commission and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required by
law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commission members voted in favor thereof:
; voted against the same:
; abstained from voting thereon: ; or
were absent: .
WITNESS my hand and seal officially this 11th day of January, 2022.
(SEAL)
__________________________________
MIKE MAAS
City Clerk
378
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
SUBJECT:Ordinance 2101 Provisional Adoption to Outline the Term and Conditions for
the Sale of Fire Station 1
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Listen to staff presentation, conduct a public hearing, and provisionally
adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire
Station #1.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
On November 6, 2018, Bozeman voters approved the sale of bonds to help
finance the design and construction of the new Bozeman Public Safety
Center at 901 N. Rouse. The construction project as presented to the voters
included $2.5M from the sale of Fire Station 1 as a critical funding source for
the project which includes a new Fire Station #1 and Bozeman Police Station.
Once the BPSC is complete in July 2022, the Fire Department and the Police
Department will move from their location at 34 N. Rouse to the new Safety
Center and the current facility will be vacated and no longer used by either
department.
Section 2.06.890.B, BMC, subject to section 2.06.870.D, authorizes the sale
of City property for not less than 90 percent of the appraised value. In
addition, section 2.06.900, BMC, provides that “[N]o sale of real property
shall be made of any property unless it has been appraised within one year
prior to the date of the sale.” The city obtained an appraisal for the property
at 34 N. Rouse issued on October 14, 2021. The appraisal provides the
current market value of the property, as of October 12, 2021, is
$3,240,000.00. 90% of the appraised value is $2,916,000.00.
BMC Sec. 2.06.870 authorizes the sale of city property "when the city
commission, after public hearing, has determined by a two-thirds vote of all
379
the members that any real property owned by the city is not needed for
public use, or that the public interest may be furthered" by the sale. On July
27, 2021, the Bozeman City Commission determined by a vote of 5 – 0 that
Fire Station 1 was no longer needed for public use and the public interest
will be furthered by the sale of the property and directed the City Manager
to complete all steps necessary to negotiate a sale and transfer of the
property. Sale of city-owned property is completed through ordinance. To
adopt this Ordinance the Commission can only do so by super-majority.
In June 2021, the city issued requests for proposals for real estate services to
sell Fire Station 1. After a competitive selection process, the City selected
Sterling BZN, LLC to represent the city in the negotiated sale of the fire
station. Shortly after the initial listing, the City Commission directed the City
Manager to issue an addendum to the listing that allowed the city to
consider affordable housing proposals in the decision to sell the property.
The city received 6 offers in that first round and began negotiations with two
groups that ultimately failed due to the cost of construction and the
requirement to sell the property for 90% of appraised value. Through these
conversations, developers indicated that an affordable housing project was
not feasible on that site without some incentives for parking and a cash
contribution to the project to help offset construction costs.
As a result of those first negotiations, the city issued an amended call for
offers that included possible parking incentives (up to 12 long-term leases in
city-owned surface lot) and a possible tax increment incentive of up to
$1.6M for reimbursement of eligible development costs. The city received
four new offers and a carryover cash-only offer from the first round, all
offers are available online. Three of the new offers contained elements of
affordable housing and one was a new cash-only offer with no affordable
housing component.
During the time the second round of offers was being solicited, the city
approached the Downtown Tax Increment Finance District (TIFD) to consider
awarding $1.6M for an affordable housing project upon redevelopment of
the property in consideration of the redevelopment providing long-term
affordable housing. Additionally, staff worked with the transportation board
acting as the parking commission to adopt a new policy that allowed for
long-term permits on city-owned parking lots for the furtherance of
affordable housing projects. The TIF Board considered the request twice but
ultimately did not approve an award – the motion failed twice on a 2-2 vote.
380
The offers as received by the City in the second round can be found online.
The City reviewed all offers received and determined the Reistad offer met
the minimum purchase requirements and provided the highest number of
affordable housing units. Staff met with Cory Reistad and his team and
negotiated the following deal points for your consideration tonight:
Sale price $2,916,000 which is 90% of October 2021 appraisal
Minimum of 50 affordable housing units for sale at no more than
120% of the area medium income (AMI)
45-day due diligence period
Opportunity at redevelopment for up to 12 parking permits in city-
managed parking facilities
For specifics on how the tax increment support and parking spaces are
related to the sale of the property please review section 2.5 of the purchase
and sale agreement attached to Ordinance 2101.
Provisional adoption of Ordinance 2101 tonight would set into motion the
process for the sale of Fire Station 1 in accordance with the conditions
contained within the negotiated purchase and sale agreement. Assuming
provisional adoption tonight, the second reading would be scheduled on
April 5 and the Ordinance would become effective 30 days later at which
time the City Manager would be authorized to execute the agreement.
Under the terms of the agreement, the purchaser would be allowed to
rescind their offer anytime within the 45-day due diligence period. Should
that happen, the city would consider other offers. It is important the sale of
the property be completed in July 2022 so that funding for the Bozeman
Public Safety Center will available upon completion of the building project in
July 2022.
UNRESOLVED ISSUES:None
ALTERNATIVES:As directed by the Commission
FISCAL EFFECTS:Sale of this property was an element of the bond issue for construction of
the Bozeman Public Safety Center as approved by the voters in November
2018. The City will need to transfer $2.5M to the construction fund in July
2022.
Attachments:
Prov_Adoption_Ordinance_2101_Sale_of_FS1.docx
PSA Fire Station1 Sale.pdf
Report compiled on: March 14, 2022
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ORDINANCE 2101
Page 1 of 6
ORDINANCE 2101
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN A PURCHASE AND
SALE AGREEMENT FOR THE SALE AND CONVEYANCE OF FIRE STATION 1
LOCATED AT 34 NORTH ROUSE AVENUE, BOZEMAN, MONTANA, INCLUDING
CONTINGENCIES REGARDING THE SALE AND REQUIRING THE PROCEEDS
FROM THE SALE BE DEPOSITED IN THE CITY’S GENERAL FUND, AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings.
The City Commission hereby makes the following findings in support of adoption of
this Ordinance:
1.The City of Bozeman owns real property known as the Fire Station 1 identified as
Lots 15, 16, 17, 18, and 19 in Block F of Rouse's First Addition, City of Bozeman, Gallatin
County, MT. EXCEPTING Therefrom the portion transferred to Montana Department of
Transportation for Highway Right of Way, further described in the Bargain and Sale Deed
recorded as Document 2527031 on 10/07/2015 with the Gallatin County Clerk and Recorder.
2.Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when
the City “convey[s]… or authorize[s] the conveyance… of any lands of the city.”
3.Section 2.06.850 of the Bozeman Municipal Code (BMC) (Ordinance 1658) grants
the City Commission the jurisdiction and power to sell any real property, however
acquired, belonging to the City that is not necessary to the conduct of city business
or the preservation of property.
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4.Section 2.06.890.B, BMC, subject to section 2.06.870.D, authorizes the sale of City
property for not less than 90 percent of the appraised. In addition, section 2.06.900,
BMC, provides that “[N]o sale of real property shall be made of any property unless
ithasbeenappraisedwithinone yearpriortothedateofthesaleandtheCityManager
obtained an appraisal which was issued on October 14, 2021. The appraisal provides
the current market value of the property, as of October 12, 2021, is $3,240,000.00.
The proposed sale price of $2,916,000.00 is 90% of the appraised value.
5.On July 27, 2021, the Bozeman City Commission determined by a vote of 5 – 0,
adoptingthe findings included in the July 27, 2021 staff memorandum and concluded
Fire Station 1 was no longer needed for public use and the public interest will be
furthered by the sale of the property as provided for in §§ 2.06.880 through 2.06.910
of the Bozeman Municipal Code and directed the City Manager to complete all steps
necessary to negotiate a sale and transfer of the property.
6.Should the Bozeman City Commission provisionally adopt this ordinance by no less
than a two-thirds vote of its total membership, notice of provisional adoption of this
ordinance shall be published in compliance with Sect. 7-1-4127, MCA, prior to final
adoption.
Section 2
The Bozeman City Commission hereby authorizes the City Manager to enter into the attached
Agreement to Sell and Purchase Real Estate (Attachment A) and to take all other action necessary
to effectuate the sale of the Fire Station 1 property to purchaser Good Housing Partnership, LLC
and/or their assigns. The property is located at 34 North Rouse Avenue, Bozeman, MT and
described Lots 15, 16, 17, 18, and 19 in Block F of Rouse's First Addition, City of Bozeman,
Gallatin County, MT. EXCEPTING Therefrom the portion transferred to Montana Department of
Transportation for Highway Right of Way, further described in the Bargain and Sale Deed
recorded as Document 2527031 on 10/07/2015 with the Gallatin County Clerk and Recorder,
Gallatin County, Montana.
The Commission authorizes, subject to fulfillment of the contingencies as stated in the attached
Agreement and those contingencies listed below, the conveyance of the fee title to the Property by
warranty deed to Good Housing Partnership, LLC and/or their assigns:
1. The sale prices shall be Two Million Nine Hundred Sixteen Thousand Dollars
($2,916,000.00).
2. In consideration for the purchase price being below the October 12, 2021 appraised current
market value and below other offers, Buyer or its successors in interest must provide a
minimum of fifty (50) units of housing affordable to purchasers making an average of
120% of the area medium income as provided for in Section 2.5 of Attachment A.
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3. The purchaser shall pay cash to the City at closing.
4. The City Manager shall not be authorized to sign the attached Agreement to Sell and
Purchase Real Estate until 30 days after final adoption of this ordinance; as such, the
Agreement to Sell and Purchase Real Estate shall not be binding on the City of Bozeman
until executed by the City Manager at that time.
Section 3
Proceeds of the sale shall be deposited in the City’s general fund.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification Instruction.
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This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Ordinances for Sale, Transfer, or Conveyance of Real Property.”
Section 8
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
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ORDINANCE 2101
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 22nd day of March, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day
of _______________, 2022. The effective date of this ordinance is _________________, __
2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
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ORDINANCE 2101
Page 6 of 6
GREG SULLIVAN
City Attorney
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Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 1 of 20
Attachment A to Ordinance 2101
PURCHASE AND SALE AGREEMENT
This “Agreement” is made and entered into by and between:
“Buyer” and “Seller”
Cory Reistad and Allison Bryan City of Bozeman
(each a “Party” and collectively the “Parties”).
“Buyer’s Agent”: “Seller’s Agent”:
Louisa Hamlin
Pure West Christie’s International Real Estate
louisa@louisahamlin.com
406-570-2178
Ryan Springer
Sterling CRE Advisors Bozeman
Ryan.Springer@sterlingcreadvisors.com
406-579-5586
(each an “Agent” and collectively the “Agents”).
The following terms shall have the following meanings for purposes of this Agreement:
“Real Property”: 34 N Rouse Avenue, Bozeman MT 59715
Legal Description: Lots 15, 16, 17, 18, and 19 in Block F of
Rouses First Addition, City of Bozeman, Gallatin County, MT.
EXCEPTING Therefrom the portion transferred to Montana
Department of Transportation for Highway Right of Way, further
described in the Bargain and Sale Deed recorded as Document
2527031 on 10/07/2015 with the Gallatin County Clerk and
Recorder. To be verified during escrow.
“Purchase Price” $2,916,000,00
“Closing Date” Closing to occur within 15 days of the City of Bozeman
vacating premises.
“Escrow Agent” Tammy Redfern, Montana Title, tredfern@montanatitle.com
“Escrow Method” Wire Transfer
“Earnest Money” $25,000.00
“Due Diligence Deadline” 45 days from Effective Date of
City of Bozeman Ordinance 2101
“Offer Expiration Deadline” Except as provided for in Section 2.2, Offer will remain open
unless and available for Buyer to rescind only until provisional
adoption of City of Bozeman Ordinance 2101; except as
provided for in Section 2.2 thereafter Offer will no longer be
subject to rescission.
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Attachment A to Ordinance 2101
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ARTICLE 1—Purchase & Sale
1.1 Purchase. The Seller agrees to sell and the Buyer agrees to buy, on the terms and
conditions set forth in this Agreement and Schedule 1, all of the Seller’s right, title, and
interest in the Real Property, and Significant Intangible Assets, including all rights,
improvements and fixtures located on the Real Property and all rights, privileges,
easements, and rights of way appurtenant to the Real Property (collectively, the
“Property”) excepting the Seller’s interests in water rights 41H 61642-00 and 41H
61643-00 and excepting the existing fire poles. If Seller has not accepted this offer by
the Offer Expiration Deadline, such offer shall be deemed to have been automatically
withdrawn as of the Offer Expiration Deadline.
1.2 Good Faith Deposit. Notwithstanding that this Agreement must be ratified by the Bozeman City Commission, no later than two (2) days after the City Manager’s signature
on this Agreement Buyer will cause the Earnest Money to be deposited with the Escrow
Agent.
1.3 Water Rights and Decommissioning of Well. Buyer recognizes and agrees the Seller
will retain its interests in the water rights described in Section 1.1. Buyer also recognizes the City will, prior to the Closing Date, decommission the well. After the Closing Date, Buyer will be responsible for all regulatory requirements for the well and Seller shall have no more responsibility.
1.4 Due Diligence. Buyer recognizes it has had opportunity to conduct due diligence during
the time period the Property was listed for sale. Nevertheless, Buyer shall have until the
Due Diligence Deadline to conduct inspections or reviews customary in the sale of
commercial real estate in Montana of the Real Property including the inspections and
evaluations listed on Schedule 1. During this period, Seller will make reasonable
accommodations for Buyer, or Buyer’s agents, to enter and inspect and evaluate the
Property. Buyer may terminate this Agreement, at Buyer’s sole and absolute discretion,
if the Property is not satisfactory and if Buyer provides notice to Seller before the
expiration of the Due Diligence Deadline. If Buyer so terminates, Buyer shall provide
Seller any reports or information relating to due diligence that were prepared by Buyer or
Buyer’s Agent.
1.5 Seller’s Deliveries. Prior to Seller’s Due Diligence Delivery Deadline, Seller shall
provide to Buyer legible copies of all material documents or contracts affecting the
Property in Seller’s possession or which are reasonably accessible to Seller.
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1.6 Title. By the Seller’s Due Diligence Delivery Deadline, Seller shall deliver to the Buyer
a commitment for a standard ALTA owner’s title insurance policy issued by the Closing
Agent (the “Preliminary Title Commitment”) in an amount equal to the Purchase Price
commitment to insurance merchantable title to the Real Property excluding only the
Water Rights mentioned in Section 1.3 and the Exceptions (as defined in Section 1.7).
Buyer shall have twenty (20) business days from the delivery of the Preliminary Title
Commitment to object to the title of the Property (a “Buyer Objection”). If Buyer so
objects, Seller shall have thirty (30) days—and the Closing Date shall be automatically
extended by thirty (30) days—to address such Buyer Objection to the satisfaction of
Buyer, in Buyer’s sole and absolute discretion.
1.7 Seller’s Title Delivery. At the closing the Seller shall convey good and marketable fee
simple title to the Real Property to the Buyer by warranty deed, free and clear of all liens,
encumbrances, easements, rights of way, restrictions, reservations, conditions, burdens,
and other defects in title (the “Warranty Deed”), except as follows (the “Exceptions”):
a.Easements, rights of way, restrictions, reservations, conditions, and burdens of
record;
b.Easements, rights of way, and encroachments which are apparent on inspection of
the Real Property or which would be disclosed by a survey of the Real Property;
c.Laws, ordinances, and regulations relating to zoning, land use, environmental
protection, and building;
d.Reservations made in patents or in acts authorizing the issuance of patents;
e. Taxes and assessments which are not yet due and payable;
f.All other conditions of title disclosed by the Preliminary Title Commitment, and
which did not receive a Buyer Objection; and
1.8 City Not Bound in Its Regulatory/Utility Authority. Buyer recognizes the City enters
this Agreements as a landowner and not in its regulatory role regarding any land use,
zoning, building inspection, subdivision, or any other circumstance where the Buyer may
need to receive regulatory approvals from the City prior to conducting any activity on the
Property after the Closing Date. In addition, Buyer recognizes the City is a provider of
certain utility services including but not limited to water, sewer, and stormwater. As such,
Buyer agrees that noting herein binds the City to make certain regulatory approvals should
the Property be redeveloped, reused, demolished, or in any capacity wherein the City may
have regulatory or utility authority after the Closing Date. In addition, Buyer recognizes
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the Covenant regarding affordable housing provided in Section 2.5 runs with the land and
in no way supersedes the City’s regulatory authority.
ARTICLE 2—Conditions to Performance
2.1 Conditions To Buyer’s Performance. The Buyer will have the right to terminate this Agreement, and shall not be obligated to complete the purchase of the Property or to perform the Buyer’s other obligations under this Agreement, unless all of the following conditions have been satisfied or waived:
a.The Seller’s title to the Property meets the requirements set forth in this Agreement;
b.On the Closing Date the Seller executes and delivers to the Closing Agent all of thedocuments which this Agreement, or the Closing Agent, requires the Seller toexecute and deliver;
c.All of the warranties and representations of Seller contained in this Agreement shallhave been true and correct when made, and shall be true and correct in all materialrespects on and as of the Closing Date with the same force and effect as thoughsuch warranties and representations had been made on and as of the Closing Date;
d.Seller shall have maintained the Property until the Closing in its condition as of thedate of Buyer’s signature hereunder, ordinary wear and tear excepted;
e.Seller delivers possession of the Property to Buyer on the Closing Date;
f.All mortgages, judgments, and liens shall be paid or satisfied by the Seller at orprior to closing unless otherwise provided herein; and
g.No additional encumbrances, restrictions, easements or other adverse title
conditions have been placed against the title to the Property other than those
identified in the Preliminary Title Commitment.
2.2 Buyer’s Right To Rescind. The Buyer may rescind this Agreement without any further obligation or liability hereunder before the Due Diligence Deadline or the deadline for a Buyer Objection. In the event of the Buyer’s failure to timely reject any defect or deficiency in
writing by such deadline, Buyer will be deemed to have waived such contingency and to have accepted the Property and Personal Property subject to any existing conditions or defects.
2.3 Conditions to Seller’s performance. The Seller will have the right to terminate this Agreement, and shall not be required to convey the Property to the Buyer or to perform the other
obligations of the Seller under this Agreement, unless all of the following conditions have been satisfied or waived:
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a.On the Closing Date the Buyer executes and delivers to the Closing Agent all
of the documents which this Agreement, or the Closing Agent, requires the
Buyer to execute and deliver including the Purchase Price.
b.On the Closing Date the Buyer executes and delivers to the Closing Agent allof the documents which this Agreement, or the Closing Agent, requires the
Buyer to execute and deliver.
c.All of the warranties and representations of Buyer contained in this Agreement
shall have been true and correct when made, and shall be true and correct in all
material respects on and as of the Closing Date with the same force and effect
as though such warranties and representations had been made on and as of the
Closing Date.
d.In addition, the Buyer recognizes and agrees the sale of the Property shall be
contingent upon the Seller’s compliance with Chapter 2, Article 6, Division 5,
Bozeman Municipal Code, and the ratification of this Agreement by duly
adopted ordinance of the Bozeman City Commission pursuant to the
requirements of the Section 2.11 of the Bozeman City Charter. Final ratification
of this Agreement shall not be effective until 30 (thirty) days after final adoption
of such ordinance. Should the Bozeman City Commission fail to ratify the City
Manager’s signature on this Agreement this transaction shall be terminated
automatically without any further action of the Seller required and the Earnest
Money returned to Buyer.
2.4 Remedies—Liquidated Damages. THE PARTIES ACKNOWLEDGE THAT
THEY HAVE DISCUSSED THE TYPE AND MAGNITUDE OF DAMAGES THAT
EACH COULD SUFFER IF THIS AGREEMENT TERMINATES BECAUSE OF
THE OTHER PARTY'S BREACH OR DEFAULT HEREUNDER.
FURTHERMORE, EACH ACKNOWLEDGES THAT IT HAS NEGOTIATED THIS
TOPIC IN GOOD FAITH WITH THE OTHER AND HAS CONCLUDED THAT IT
IS EXTREMELY DIFFICULT AND IMPRACTICAL TO AFFIX A DOLLAR
AMOUNT TO DAMAGES FOR BREACH OR DEFAULT AND THEREFORE
HAVE AGREED TO THE FOLLOWING REMEDIES:
a.Seller’s Remedies in the Event of Buyer’s Beach of Default. THE
PARTIES AGREE THAT SELLER'S SOLE REMEDY, AT LAW OR IN
EQUITY, IN THE EVENT OF A DEFAULT OR BREACH BY BUYER,
IS FOR SELLER TO KEEP THE EARNEST MONEY DEPOSIT AND
ALL INTEREST EARNED THEREON WITHOUT ADDITIONAL
INSTRUCTIONS TO ESCROW AGENT. THEREAFTER THIS
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AGREEMENT SHALL TERMINATE AND SELLER SHALL HAVE NO
FURTHER RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT
EXCEPT FOR THOSE THAT ARE EXPRESSLY STATED TO
SURVIVE THE TERMINATION THEREOF.
b.Buyer's Remedies in the Event of Seller's Breach or Default. THE
PARTIES AGREE THAT BUYER'S SOLE REMEDY, AT LAW OR IN
EQUITY, IN THE EVENT OF A DEFAULT OR BREACH BY SELLER
UNDER THIS AGREEMENT, IS FOR BUYER TO HAVE RETURNED
TO IT THE EARNEST MONEY DEPOSIT AND ALL INTEREST
EARNED THEREON AS LIQUIDATED DAMAGES (NOT AS A
PENALTY.
2.5 Affordable Housing Covenant/Parking Incentives. Buyer’s performance under
this Agreement is conditioned upon the Bozeman City Commission authorizing an
ordinance approving an Urban Renewal Project for the Real Property which will make
eligible to Buyer an amount up to $1,600,000.00 at the time of redevelopment of the
Property (the “Urban Renewal Funds”). Buyer understands and agrees the Urban Renewal
Funds are not to be provided by the City at Closing; rather, the Urban Renewal Funds, if
approved, will be made available to Buyer pursuant to and conditioned upon the Buyer and
City entering into a development agreement no later than approval by the City of a site plan
for redevelopment of the Real Property. Failure by the Bozeman City Commission to
finally adopt the ordinance shall allow Buyer to rescind this Agreement.
Buyer understands and agrees as consideration for the Purchase Price and in consideration
for receiving the opportunity to obtain the Urban Renewal Funds at the time of
redevelopment of the Real Property, Buyer must record, at Closing, an affordable housing
restrictive covenant and agreement that binds the Buyer or the Buyer’s successors in
interest to the development of a minimum of 50 (fifty) affordable housing units on the Real
Property. The affordable housing units are housing units, regardless of ownership type, that
are perpetually affordable to households with income equal to an average of 120% of the
area medium income. The covenant must run with the land and apply to not only the first
sale from Buyer but also to all future sales of the unit. All sales prices for the units must be
based on the most recent affordability data available through the Housing and Urban
Development’s Affordability Data System for Bozeman or similar affordability data
available at the time of sale or resale.
Buyer agrees the covenant will be a binding agreement between Buyer (and its successors
in interest) and the City, and that the Buyer benefits from such a covenant in consideration
for the Purchase Price and the opportunity to obtain the Urban Renewal Funds.
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In addition to the above mentioned covenant, the Buyer understands and agrees Buyer and
Seller must enter into the above mentioned development agreement to make the Urban
Renewal Funds available to Buyer. Buyer understands and agrees the development
agreement must provide that the Urban Renewal Funds will be available to Buyer only
upon occupancy of redevelopment of the Real Property and the fulfillment of obligations
contained within the affordable housing covenant and agreement. Furthermore, the Urban
Renewal Funds will only be available as reimbursement to Buyer only for expenses directly
related to the redevelopment of the Real Property as such eligible expenses are listed in 7-
15-4288, MCA.
In addition to the above, the Parties agree the City will make available up to but no more
than 12 (twelve) parking spaces at a City-owned and operated parking facility for use by
Buyer for redevelopment of the Real Property and only as such off-site parking is
authorized by the requirements of the Bozeman Municipal Code in place at the time of
submittal of a site plan application for redevelopment of the Real Property. Buyer or its
successors will be responsible for all future parking permit fees as established by the City.
The above parking spaces will be available only if redevelopment of the Real Property
requires the use of these spaces. Buyer agrees it must exhaust all reasonable measures to
meet its parking demand on site prior to the City spaces being made available. As such,
these spaces are only available as the “last in” spaces; meaning, other reductions from
minimum parking requirements of the Bozeman Municipal Code must be considered and
used prior to reliance on the parking spaces available under this incentive. Finally, the
parking spaces contemplated herein will not be reserved specifically for residents or tenants
of redevelopment that occurs on the Real Property and Buyer recognizes there may be
times where the parking space is physically not available to its tenants or buyers.
Both the Urban Renewal Funds and the parking spaces at a City-operated parking facility
will be available to Buyer only at redevelopment as described herein and only for a period
of five (5) years after the Closing Date; after this five (5) year period eligibility for the
Urban Renewal Funds and the parking spaces expire. To maintain eligibility for the Urban
Renewal Funds or parking spaces after five (5) years, Buyer must seek approval from the
City Commission for renewal of extension of eligibility. Buyer understands and agrees that
while the Urban Renewal Funds and parking spaces are available only for five (5) years,
the affordable housing covenant will remain and run with the land in perpetuity regardless
of expiration of the eligibility for Urban Renewal Funds or parking spaces.
As such, Buyer understands and agrees the Seller’s performance under this Agreement
related to the Urban Renewal Funds is only the adoption of the ordinance authorizing
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Attachment A to Ordinance 2101
redevelopment of the Real Property as an urban renewal project and the availability of the
Urban Renewal Funds described herein.
Buyer understands and agrees the Seller is only required by this Agreement to enter into
the development agreement on terms agreed to by the Seller and that any reimbursement
made to Seller pursuant to the development agreement must comply with all requirements
of the development agreement as negotiated between the Parties.
Buyer agrees that if a court of competent jurisdiction overturn the ordinance authorizing
the use of Urban Renewal Funds for redevelopment of the Real Property such action in no
way invalidates this Agreement or the affordable housing restrictive covenant and
agreement. If such ordinance is invalidated, Buyer recognizes the Urban Renewal Funds
will not be available for redevelopment of the Real Property.
Article 3—Closing
3.1 Escrow. The Earnest Money shall be deposited by the respective Agent with the
Escrow Agent within two (2) business days of provisional adoption of Ordinance 2101 according
to the Escrow Method.
3.2 Taxes and Assessments. Seller and Buyer shall prorate taxes, as well as pre-paid
rents, if any, as of the Closing Date. The prior year’s taxes should be used for proration in the
event that the current year taxes are not available, and shall not be adjusted based on any
subsequent change in assessed value. All non-perpetual Special Improvement Districts or
Association Special Assessments will be paid off at Closing by Seller.
3.3 Closing Date. Buyer recognizes the Property currently serves as the City’s Fire
Station 1. Buyer also recognizes the City is currently constructing the Bozeman Public Safety
Center (BPSC) with an estimated completion date of July 1, 2022. Buyer enters into this
Agreement recognizing the Buyer may not take ownership of the Property until such time as the
City completes construction of the BPSC and Fire Station 1 has relocated to the BPSC. As such,
Buyer recognizes the Closing Date is subject to change by the City if the BPSC is not completed.
Closing Date is estimated to be no more than 15 days after City notifies Buyer it has vacated the
Real Property. Buyer agrees the City may unilaterally extend the Closing Date to a date reasonably
necessary to allow the City to complete construction of the BPSC and move Fire Station 1 to the
BPSC. The City must take all reasonable steps necessary to complete the construction of the BPSC
and move Fire Station 1. The Buyer may request updates from the City on the status of the BPSC
construction and relocation of Fire Station 1.
Recognizing the above, the Parties anticipate closing this transaction on the Closing Date. In
addition to the City’s authority to extend the Closing Date for issues related to the BPSC and
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 8 of 20
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Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 9 of 20
Attachment A to Ordinance 2101
relocation of Fire Station 1, either Party may extend the Closing Date by ten (10) business days,
by prior notice, unless such extension would cause adverse tax consequences to other Party (i.e. in
the case of an exchange pursuant to 26 USC § 1031) and the other Party has provided notice of
such implications by the Due Diligence Deadline.
3.4 Closing Costs. Buyer and Seller shall equally split all costs related to conducting
the closing and the fee of the Closing Agent. Seller shall pay the cost for a standard 2021ALTA
® Owner’s Policy for Title Insurance, with any enhancements in such coverage to be paid by
Buyer.
3.5 Seller Documents to be Delivered at Closing. On the Closing Date, the Seller
shall deliver to Buyer:
a.The Warranty Deed with a realty transfer certificate recognizing the Seller reserves
unto itself water rights listed herein;
b. A title insurance policy in the amount of the Purchase Price of the Real Property to
insure the Buyer’s title to the Real Property;
3.6 Buyer Closing Deliveries. On the Closing Date, the Buyer shall deliver to the
Escrow Agent the Purchase Price in immediately available funds.
3.7 Purchase Price Adjustment. The Earnest Money and any accrued interest shall
be applied to the Purchase Price.
Article 4—Representations and Warranties
4.1 Representations and Warranties of Seller. The Seller hereby warrants, represents, and
covenants that all of the following warranties and representations are true and correct as
of the date of Seller’s signature hereunder. For purposes of this section “knowledge”
shall mean the due and reasonable inquiry of Seller.
a.Authority of Seller. Seller is the owner of the Property and/or has the full right,
power and authority to sell, convey, and transfer the Property to Buyer as provided
herein, and to perform Seller’s obligations hereunder. The execution, delivery, and
performance of this Agreement and the consummation of the transactions
contemplated hereby have been duly and validly authorized by all necessary
organizational action on the part of Seller. Notwithstanding the above, the Buyer
recognizes and agrees the sale of the Property will be subject to and contingent
upon fulfillment of provisions of Sections 2.3 and 2.5.
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b.Compliance. Except as disclosed to Buyer by the Due Diligence Deadline, Seller
has no knowledge of any aspect or condition of the Property which violates
applicable laws, rules, regulations, codes or covenants, conditions or restriction, or
of improvements or alterations made to the Property without a permit where one
was required, or of any unfulfilled order or directive of any applicable
governmental agency or casualty insurance company requiring any investigation,
remediation, repair, maintenance, or improvement to be performed on the Property.
c.Possessory Rights. Except as disclosed to Buyer by the Due Diligence Deadline,
Seller has no knowledge of anyone having any rights in the Property adverse to the
Seller.
d.Liens. There are no unsatisfied mechanics’ or materialmens’ lien rights concerning
the Property, and none of the personal property to be conveyed to Buyer under this
Agreement, are subject to any lien or encumbrance affecting such, except as
disclosed in writing to Buyer.
e.Actions, Suits, or Proceedings. Seller, and no agent of Seller, has any knowledge
of any actions, suits, or proceedings which are pending or threatened before any
commission, board, bureau, agency, arbitrator, court, or tribunal that would affect
the Property or Seller’s ability to convey the Property to Buyer hereunder.
f.Bankruptcy. Seller, nor any equity owner of Seller, is the subject of a
bankruptcy, insolvency, conservatorship, or probate proceeding.
g.Conflicts. Except as disclosed to Buyer by the Due Diligence Deadline, no other
person has any right or option to acquire any portion of the Property and the
execution, delivery and performance of this Agreement by Seller and the
consummation by it of the transactions contemplated hereby will (i) not violate any
provision of its organizational documents or any applicable law, rule, regulation,
order or comparable requirement; or (ii) require notice to or the consent,
authorization, approval or order of any person, except for notices that have been
given and consents that have been obtained.
h.Access and disputes. Except as disclosed to Buyer by the Due Diligence Deadline,
the Seller has legal and physical access to the Property which is adequate for the
current use of the Property, and the Seller, and no agent of Seller, knows of any
dispute or disagreement which could threaten access to the Property. Buyer is
aware of the tunnel in the basement of the Real Property.
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i.Adverse Change. Except as disclosed to Buyer by the Due Diligence Deadline,
the Seller has no information or knowledge of any action by adjacent landowners,
or natural or artificial conditions on the Property or adjacent property, which could
have a material adverse effect upon the Property or its value. There is no significant
adverse fact or condition relating to the Property which has not been specifically
disclosed in writing by the Seller to the Buyer.
j.Incomplete Inaccurate or Misleading Information. The Seller doesn’t know of
any materially incomplete, inaccurate, or misleading information in the documents,
lists, and reports furnished to the Buyer under this Agreement.
k.Hazardous Substances on the Property. Except as disclosed to Buyer by the
Seller Delivery Deadline, that with respect to the period during which the Seller
owned or occupied the Property, and to the knowledge of the Seller with respect to
the time before the Seller owned or occupied the Property, no hazardous substances
have been manufactured, processed, treated, handled, stored, installed, recycled,
disposed, or released, intentionally or unintentionally, on the Property, and there
have been no activities or events on the Property which could subject the Seller, the
Buyer, or any subsequent owner of the Property to damages, penalties, injunctive
relief, or cleanup or response costs under any environmental law or common law
theory of liability. To the knowledge of Seller, no hazardous substances have been
manufactured, processed, treated, handled, stored, installed, recycled, disposed, or
released, intentionally or unintentionally, on land which is adjacent to the Property.
Except as disclosed by the Seller prior to the Due Diligence Deadline, for the
purposes of this paragraph, “Hazardous Substances” shall mean any and all
substances, materials, chemicals, or wastes that now or hereafter are classified or
considered to be hazardous or toxic under any Environmental Law, or that are or
become regulated by any governmental authority because of toxicity,
infectiousness, radioactivity, explosiveness, ignitability, corrosiveness, or
reactivity under any environmental law applicable to the Property, and shall also
include: (a) gasoline, diesel fuel, and any other petroleum hydrocarbons; (b)
asbestos and asbestos containing materials, in any form, whether friable or non-
friable; (c) polychlorinated biphenyls; (d) radon gas; and (e) flammable liquids and
explosives.
l.Broker. Except for the Seller’s Broker, no broker, finder, or investment banker is
entitled to any brokerage, finder’s, or other fee or commission in connection with
the transactions contemplated by this Agreement based upon arrangements made
by or on behalf of Seller.
398
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m.Statutory Disclosures. Except for the disclosures provided on Schedule 2, no
other disclosures are required by Seller.
4.2 Representation and Warranties of Buyer. The Buyer hereby warrants, represents, and
covenants that all of the following warranties and representations are true and correct as of
the date of Buyer’s signature hereunder. For purposes of this section “knowledge” shall
mean the due and reasonable inquiry of Buyer.
a.Authority of Buyer. Buyer has the full right, power and authority to purchase and
acquire the Property from Seller as provided herein, and to perform Buyer’s
obligations hereunder. The execution, delivery, and performance of this
Agreement and the consummation of the transactions contemplated hereby have
been duly and validly authorized by all necessary organizational action on the part
of Seller.
b.Broker. Except for Buyer’s Broker, no broker, finder, or investment banker is
entitled to any brokerage, finder’s, or other fee or commission in connection with
the transactions contemplated by this Agreement based upon arrangements made
by or on behalf of Buyer.
c.Due Diligence. Except as expressly set forth in this Agreement to the contrary, and
recognizing Buyer has had an opportunity to inspect the Property prior to the date
of this Agreement, Buyer is purchasing the Property in its existing condition "AS
IS, WHERE-IS, AND WITH ALL FAULTS” with respect to all facts,
circumstances, conditions and defects, and, Seller has no obligation to determine or
correct any such facts, circumstances, conditions or defects or to compensate Buyer
for same. Seller has specifically bargained for the assumption by Buyer of all
responsibility to investigate the Property, and of all risk of adverse conditions and
has structured the Purchase Price and other terms of this Agreement in
consideration thereof. Buyer has undertaken all such investigations of the Property
as Buyer deems necessary or appropriate under the circumstances as to the status
of the Property and based upon same, Buyer is and will be relying strictly and solely
upon such inspections and examinations and the advice and counsel of its own
consultants, agents, legal counsel and officers. Buyer is and will be fully satisfied
that the Purchase Price is fair and adequate consideration for the Property and, by
reason of all the foregoing, Buyer assumes the full risk of any loss or damage
(subject to Section 5.3 below) occasioned by any fact, circumstance, condition or
defect pertaining to the Property.
399
Attachment A to Ordinance 2101
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 13 of 20
d.No Warranty or Other Representation. Except as expressly set forth in this
Agreement to the contrary, Seller hereby disclaims all warranties of any kind or
nature whatsoever INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF HABITABILITY AND FITNESS FOR PARTICULAR PURPOSES,
whether expressed or implied including, without limitation warranties with respect
to the Property. Except as is expressly set forth in this Agreement to the contrary,
Buyer acknowledges that it is not relying upon any representation of any kind or
nature made by Seller, or Seller's Agent, or any of their respective direct or indirect
officers, directors, employees or agents (collectively, the "Seller Related Parties")
with respect to the Property, and that, in fact, except as expressly set forth in this
Agreement to the contrary, no such representations were made. To the extent
required to be operative, the disclaimers and warranties contained herein are
"conspicuous" disclaimers for purposes of any applicable law, rule, regulation or
order.
Article 5—Additional Provisions
5.1 Assignment. This Agreement may not be assigned by the Buyer without the prior written
consent of the Seller. Any other assignment or purported assignment of the Agreement
shall be null and void.
5.2 1031 Exchange. In connection with any 1031 exchange or exchanges, the Buyer may
assign its respective rights under this Agreement to a qualified intermediary or exchange
accommodation titleholder, as required by IRS Regulations. No such assignment will
modify or release any of the obligations of either the Buyer or the Seller under this
Agreement. Notwithstanding any such assignment or assignments, the Seller will convey
the Property directly to the Buyer. The Parties each agree to cooperate in any exchange
performed by the other party provided that they incur no additional liability, cost, or
expense as a result of the cooperation, but neither Party will be obligated to acquire or
convey any other property as part of the other Party’s 1031 exchange.
5.3 Risk of Loss. All loss or damage to the Property shall be retained by Seller until the
Closing.
5.4 Entire Agreement. This Agreement, together with any other documents incorporated
herein by reference and all related exhibits and schedules, constitute the sole and entire
agreement of the Parties to this Agreement with respect to the subject matter contained
herein and therein, and supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, with respect to such
subject matter.
400
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5.5 Amendment and Modification. This Agreement may only be amended, modified, or
supplemented by an agreement in writing signed by each Party hereto.
5.6 Waiver. No waiver by any party of any of the provisions hereof shall be effective unless
explicitly set forth in writing and signed by the party so waiving. No waiver by any party
shall operate or be construed as a waiver in respect of any failure, breach, or default not
expressly identified by such written waiver, whether of a similar or different character, and
whether occurring before or after that waiver. No failure to exercise, or delay in exercising,
any right, remedy, power, or privilege arising from this Agreement shall operate or be
construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy,
power, or privilege hereunder preclude any other or further exercise thereof or the exercise
of any other right, remedy, power, or privilege.
5.7 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto
and their respective successors and permitted assigns, and nothing herein, express or
implied, is intended to or shall confer upon any other person or entity any legal or equitable
right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
5.8 Governing Law & Forum. All matters arising out of or relating to this Agreement shall
be governed by and construed in accordance with the laws of the State of Montana without
giving effect to any choice or conflict of law provision or rule (whether of the State of
Montana or any other jurisdiction).
5.9 Submission to Jurisdiction. The Parties hereby agree that any suit, action, or proceeding
seeking to enforce any provision of, or based on any matter arising out of or in connection
with this Agreement or the transactions contemplated hereby, whether in contract, tort or
otherwise, shall be brought in the United States District Court for the District of Montana
or district court for the State of Montana, so long as one of such courts shall have subject-
matter jurisdiction over such suit, action, or proceeding. Each of the Parties hereby
irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate
courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the
fullest extent permitted by law, any objection that it may now or hereafter have to the laying
of the venue of any such suit, action or proceeding in any such court or that any such suit,
action or proceeding that is brought in any such court has been brought in an inconvenient
form. Service of process, summons, notice or other document by certified mail to the
address set forth in Section 5.19 shall be effective service of process for any suit, action,
or other proceeding brought in any such court.
5.10 Attorneys’ Fees. In the event that any party institutes any suit, action, or proceeding,
against the other Party to enforce the covenants contained in this Agreement (or obtain any
other remedy in respect of any breach of this Agreement) or arising out of or relating to
401
Attachment A to Ordinance 2101
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 15 of 20
this Agreement, the prevailing party in the suit, action or other proceeding shall be entitled
to receive, in addition to all other damages to which it may be entitled, the costs incurred
by such party in conducting the suit, action, or proceeding, including reasonable attorneys’
fees (to include the fees, and expenses of the Bozeman City Attorney’s Office) and
expenses and court costs. This includes, subject tto any limits under applicable law,
attorneys’ fees for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay or injunction), appeals, and any anticipated post-judgment collection
services.
5.11 Further Assurances. Each of the Parties hereto shall, and shall cause their respective
affiliates to, execute and deliver such additional documents, instruments, conveyances, and
assurances and take such further actions as may be required to carry out the provisions
hereof and give effect to the transactions contemplated hereby.
5.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall be deemed to be one and the same
agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means
of Electronic Transmission shall be deemed to have the same legal effect as delivery of an
original signed copy of this Agreement (e.g. DocuSign). The Parties have consented to
execute this Agreement electronically in conformance with the Montana Uniform
Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA.
5.13 Time of the Essence. Time shall be of the essence in this Agreement.
5.14 Remedies. Seller’s sole and exclusive remedy is monetary damages against Buyer. Buyer
may either require Seller to specifically perform, or recover monetary damages against
Seller as provided for in Section 2.4.
5.15 Severability. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Agreement or render unenforceable such term or
provision in any other jurisdiction. Upon such determination that any term or other
provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good
faith to modify this Agreement so as to effect the original intent of the parties as closely as
possible in a mutually acceptable manner in order that the transactions contemplated
hereby be consummated as originally contemplated to the greatest extent possible.
5.16 Relationship of the Parties. Nothing herein shall be construed to create a joint venture or
partnership between the parties hereto or an employer/employee or agency relationship.
Neither party hereto shall have any express or implied right or authority to assume or create
any obligations on behalf of or in the name of the other party or to bind the other party to
any contract, agreement, or undertaking with any third party.
402
Attachment A to Ordinance 2101
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 16 of 20
5.17 Confidentiality. Until the Closing, Buyer shall treat the information disclosed to it by
Seller, or otherwise gained through Buyer's access to the Property and Seller's books and
records, as confidential, giving it the same care as Buyer's own confidential information,
and make no use of any such disclosed information not independently known to Buyer
except in connection with the transactions contemplated hereby; provided, however, that
Buyer may, without the consent of Seller, disclose such information: (a) to its partners,
members, managers, employees, advisors, consultants, attorneys, accountants, prospective
and actual investors, and lenders (the "Transaction Parties"), so long as any such
Transaction Parties to whom disclosure is made shall also agree to keep all such
information confidential in accordance with the terms hereof and (b) if disclosure is
required by law or by regulatory or judicial process, provided that in such event, Buyer
shall notify Seller of such required disclosure, shall exercise all commercially reasonable
efforts to preserve the confidentiality of the confidential information, including, without
limitation, reasonably cooperating with Seller to obtain an appropriate order or other
reliable assurance that confidential treatment will be accorded such confidential
information by such tribunal and shall disclose only that portion of the confidential
information which Buyer is legally required to disclose. Notwithstanding the foregoing,
the confidentially provisions of this Section 5.17 shall not apply to any information or
document which: (i) is or becomes generally available to the public other than as a result
of a disclosure in violation of this Agreement or (ii) subject to compliance with clause (b)
in this Section 5.17 above, is required by law or court order to be disclosed. In the event of
a termination of this Agreement, Buyer shall promptly return all such confidential
information to Seller.
5.18 Notices & Communication. All communication between the Parties regarding this
transaction shall be between the Agents and be conducted via email at the address(es) set
forth on the first page of this Agreement. Any notices, requests, consents, claims, demands,
waivers, and other communications hereunder (each, a “Notice”) shall be in writing and
addressed to the party at the email addresses set forth on the first page of this Agreement,
with cc to their respective Agent (or to such other email address that may be designated by
the receiving party from time to time in accordance with this Section) and sent to the party
and their respective Agent at the mailing address set forth on the first page of this
Agreement. Except as otherwise provided in this Agreement, a Notice is effective only if
the party giving the Notice has complied with the requirements of this Section.
5.19 Survival. The provisions of Sections 2.4 and 2.5, Article IV, and this Article V, shall
survive the termination of this Agreement and the Closing.
#### END OF AGREEMENT EXCEPT FOR SIGNATURES ####
403
Purchase and Sale Agreement City of Bozeman Fire Station 1
Page 17 of 20
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the date first written above by their respective officers thereunto duly authorized.
Seller:
By: Jeff Mihelich
Title: Bozeman City Manager
Date:
Buyer:
Name: Cory Reistad
Title: Developer, the Firehouse
Date:
Buyer:
Name: Allison Bryan
Title:
Date
Authentisign ID: 92E62FCB-BAA0-EC11-A22A-281878DCFF5B
404
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 18 of 20
Attachment A to Ordinance 2101
Schedule 1—Specific Inspections
Buyer has permission to perform the following tests: Radon, Mold, Lead, and Asbestos
In addition, Buyer may choose to consult with the following professional prior to the Due
Diligence Deadline: plumber, HVAC, roofer, structural engineer, civil engineer, geotechnical
engineer.
405
Attachment A to Ordinance 2101
Schedule 2—Seller’s Form Statutory Disclosures
RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT,
WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY
PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME.
LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN
BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND
RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR STATE PUBLIC
HEALTH UNIT.
MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and
cannot be, constructed to exclude mold. Moisture is one of the most significant factors
contributing to mold growth. Information about controlling mold growth may be available from
your county extension agent or health department. Certain strains of mold may cause damage to
property and may adversely affect the health of susceptible persons, including allergic reactions
that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause
infections, particularly in individuals with suppressed immune systems. Some experts contend
that certain strains of mold may cause serious and even life-threatening diseases. However,
experts do not agree about the nature and extent of the health problems caused by mold or about
the level of mold exposure that may cause health problems. The Centers for Disease Control and
Prevention is studying the link between mold and serious health conditions. The seller, landlord,
seller's agent, buyer's agent, or property manager cannot and does not represent or warrant the
absence of mold. It is the buyer's or tenant's obligation to determine whether a mold problem is
present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to
purchase, rent, or lease contingent upon the results of that inspection.
A seller, landlord, seller's agent, buyer's agent, or property manager who provides this mold
disclosure statement, provides for the disclosure of any prior testing and any subsequent
mitigation or treatment for mold, and discloses any knowledge of mold is not liable in any action
based on the presence of or propensity for mold in a building that is subject to any contract to
purchase, rent, or lease.
LEAD BASED PAINT. Residential real property on which a residential dwelling was built
prior to 1978 may present exposure to lead from lead-based paint that may place young children
at risk for developing lead poisoning. Lead poisoning in young children may produce permanent
neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant
women. A risk assessment or inspection for possible lead-based paint hazards is recommended
prior to occupancy of this Premises. Risk assessments for lead based paint are the responsibility
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 19 of 20
406
Attachment A to Ordinance 2101
of Buyer or the prospective buyer. Information on protecting your family from lead paint risks
can be found at: https://www.epa.gov/sites/production/files/2017-
06/documents/pyf_color_landscape_format_2017_508.pdf
The Property is equipped with __ smoke detectors [and Carbon monoxide detectors].
METHAMPHETAMINE CONTAMINATION DISCLOSURE STATEMENT: Pursuant to
the provisions of Title 75, Chapter 10, Part 13 of Montana Code Annotated, certain owners of
real property which has been contaminated with hazardous chemical residues created by the
clandestine manufacture of methamphetamine are required to notify any acquiring party of such
contamination and the certification of any remediation or decontamination project. Seller
represents that it has no knowledge of any such contamination of the Property, nor has it
received any notice of any such contamination of the Property. Seller represents that it has no
knowledge of the presence of methamphetamine in any habitable structure, nor has it received
any notice that methamphetamine is present in any habitable structure.
Megan’s Law Disclosure Statement. Pursuant to the provisions of Title 46, Chapter 23, Part 5
of the Montana Code Annotated, certain individuals are required to register their address with the
local law enforcement agencies as part of Montana's Sexual and Violent Offender Registration
Act. In order to provide the public with information so they can protect themselves and their
children from convicted sexual and violent offenders, the Montana Department of Justice
maintains an electronic database entitled the "Montana Sexual or Violent Offender Registry"
which can be found at http://www.doj.mt.gov/svor/. Buyer agrees to be solely responsible to
conduct any investigation regarding the existence of any individuals residing near the Property
that are registered as part of Montana's Sexual and Violent Offender Registration.
Noxious Weeds Disclosure Statement. The Buyer of the Property acknowledges Buyer is aware
that all property in the State of Montana potentially contains the existence of noxious weeds.
Further, the laws of the State of Montana require owners of property within this state to control,
and to the extent possible, eradicate noxious weeds. Pursuant to the provisions of Title 7, Chapter
22, Section 2116 of the Montana Code Annotated, it is unlawful for any person to permit any
noxious weed to propagate or go to seed on the person's land unless they adhere to a noxious weed
management plan as provided for under Montana law. Buyer acknowledges and agrees that before
purchasing the Property, Buyer is solely responsible to conduct any investigation of the Property
regarding the existence or potential existence of noxious weeds on the Property. The Seller cannot
and does not represent or warrant the absence of noxious weeds on the Property. It is the Buyer’s
obligation to determine whether noxious weeds are present. To do so, the Buyer may hire a
qualified inspector and make this Agreement contingent upon the results of that inspection.
#### END OF SCHEDULES ####
Purchase and Sale Agreement City of Bozeman Fire Station 1 Page 20 of 20
407
Memorandum
REPORT TO:City Commission
FROM:Jennifer A. Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
Jeff Mihelich, City Manager
SUBJECT:Ordinance 2100 Provisional Adoption Recognizing and Designating June 19th
as Juneteenth National Freedom Day, Designating June 19th as the Local
Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous
Peoples' Day, and Designating the Friday after Thanksgiving as the Local
Indigenous Peoples' Day Holiday
MEETING DATE:March 22, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to provisionally adopt Ordinance 2100, which recognizes and
designates June 19th as Juneteenth National Freedom Day, designates June
19th as the local Juneteenth holiday, replaces the term Columbus Day
with Indigenous Peoples' Day, and designates the Friday after Thanksgiving
as the local Indigenous Peoples' Day holiday.
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:Bozeman's Strategic Plan 3.0 establishes the city's goal of ensuring that it is
a safe and welcoming community. Specifically, Strategic Plan 3.3 explicitly
states that the city will achieve this goal by welcoming diversity through its
policies and promoting public awareness. Ordinance 2100 accomplishes this
goal by recognizing both Juneteenth National Freedom Day and Indigenous
Peoples' Day as local holidays.
Ordinance 2100 recognizes and designates June 19th as Juneteenth National
Freedom Day ("Juneteenth") and designates June 19th as a local holiday in
honor of Juneteenth. Juneteenth honors the passage of the Emancipation
Proclamation, the issuing of General Order No. 3, and the end of slavery in
the United States. Ordinance 2100 also replaces the term Columbus Day
with Indigenous Peoples' Day, and designates the Friday after Thanksgiving
as the local Indigenous Peoples' Day holiday. Indigenous Peoples' Day honors
the contributions and sacrifices of Native communities and Tribal Nations.
Both of these amendments to the Code further the city's goals as set forth in
Strategic Plan 3.3.
408
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:
The fiscal impact beyond what is already budgeted for personnel is
approximately $10,400. This amount reflects the overtime/holiday pay paid
to city employees required to work on a holiday (i.e. police, fire, and other
essential services) over and above base pay.
Attachments:
Ord. 2100.pdf
Report compiled on: February 23, 2022
409
Page 1 of 6
ORDINANCE 2100
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RECOGNIZING AND DESIGNATING JUNE 19TH AS JUNETEENTH
NATIONAL FREEDOM DAY, DESIGNATING JUNE 19TH AS THE LOCAL
JUNETEENTH HOLIDAY, REPLACING THE TERM COLUMBUS DAY WITH
INDIGENOUS PEOPLES’ DAY, AND DESIGNATING THE FRIDAY AFTER
THANKSGIVING AS THE LOCAL INDIGENOUS PEOPLES’ DAY HOLIDAY.
WHEREAS, Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of
incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes
a local government unit with self-government powers to exercise any power not prohibited by the
constitution, law, or charter; and
WHEREAS, the Bozeman City Charter establishes that the City of Bozeman is a local
government that has adopted self-government powers which must be liberally construed; and
WHEREAS, there is no express prohibition in the Montana Constitution or the Bozeman
City Charter that prevents a local government from establishing a local holiday; and
WHEREAS, there is no express prohibition in Mont. Code Ann. §§ 7-111, 112, or 114 that
prevents a local government from establishing a local holiday; and
WHEREAS, there is no state agency or office directed to establish administrative rules or
oversee the enforcement of a local government establishing a local holiday; and
410
Ordinance No. 2100, Designating the Local
Juneteenth and Indigenous Peoples’ Day Holiday
Page 2 of 6
WHEREAS, the power to establish a local holiday has not been affirmatively delegated
to the State of Montana; and
WHEREAS, the State of Montana observes Columbus Day as a legal, public holiday that
is recognized as a paid, legal holiday on the second Monday in October during which all offices
of state and local government are closed to the public; and
WHEREAS, the State of Montana observes Juneteenth national freedom day on the third
Saturday in June; and
WHEREAS, on June 17, 2021, in honor of the passage of the Emancipation Proclamation
and the issuing of General Order No. 3, and to commemorate the end of slavery in the United
States, the Juneteenth National Independence Day Act became federal law and a paid, legal holiday
during which all federal offices are closed to the public, and
WHEREAS, the City of Bozeman’s Strategic Plan 3.3 establishes the city’s goal of
ensuring that it is a friendly community that “welcome[s] diversity through policies and public
awareness”; and
WHEREAS, the City of Bozeman replaces the term Columbus Day with Indigenous
Peoples’ Day to memorialize and commemorate an accurate representation of the history of
indigenous people in the United States; and
WHEREAS, because it is in the best interest of the citizens of Bozeman to celebrate and
honor the invaluable contributions of diverse cultures and because the City of Bozeman strives to
be an inclusive and welcoming community, the City of Bozeman now clarifies its designated
legal, public holidays.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
411
Ordinance No. 2100, Designating the Local
Juneteenth and Indigenous Peoples’ Day Holiday
Page 3 of 6
Section 1
That a new section of the Bozeman Municipal Code Sec. 2.01.020 is hereby adopted as
follows:
Sec. 2.01.020. – Juneteenth National Freedom Day.
June 19th of every year is recognized as Juneteenth National Freedom Day (“Juneteenth”)
and is a legal, public holiday in the city. The local day of celebration of the Juneteenth holiday
shall occur on June 19th. If this holiday falls on a Sunday, the Monday following is the holiday. If
this holiday falls on a Saturday, the Friday preceding is the holiday. All city offices are closed on
the day of the holiday and employees shall be granted a paid holiday according to city policies.
Section 2
That a new section of the Bozeman Municipal Code Sec. 2.01.030 is hereby adopted as
follows:
Sec. 2.01.030. – Indigenous People’s Day.
The city recognizes the second Monday of October as Indigenous Peoples’ Day, and replaces
the term Columbus Day with the term Indigenous Peoples’ Day. Any reference to Columbus Day
in any provision of this code, ordinance, administrative order, or other official city document shall
be referenced to as Indigenous Peoples’ Day. The city recognizes Indigenous Peoples’ Day as a
legal, public holiday. The local day of observation of Indigenous Peoples’ Day shall occur on the
Friday following Thanksgiving, during which all city offices are closed and employees shall be
granted a paid holiday according to city policies.
Section 3
Except as indicated in Sections 1 and 2 of this ordinance, the City of Bozeman recognizes
and observes all other State legal holidays.
Section 4
The City Manager is authorized to establish policies and procedures to implement this
ordinance.
412
Ordinance No. 2100, Designating the Local
Juneteenth and Indigenous Peoples’ Day Holiday
Page 4 of 6
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 6
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Codification.
Sections 1 through 3 of this ordinance shall be codified and included as new sections, as
written above, in Chapter 2, Article 1 of the Bozeman Municipal Code, which is currently entitled
Administration: In General. Bozeman Municipal Code shall be amended to include two new
sections, Sec. 2.01.020 and Sec. 2.01.030, as set forth in Sections 1 and 2 of this ordinance.
413
Ordinance No. 2100, Designating the Local
Juneteenth and Indigenous Peoples’ Day Holiday
Page 5 of 6
Section 9
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
414
Ordinance No. 2100, Designating the Local
Juneteenth and Indigenous Peoples’ Day Holiday
Page 6 of 6
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
415