HomeMy WebLinkAbout05-02-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approve the Regular Meeting Minutes From: April 18, 2022 (Chambers)
E.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. 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 Community
Development Board cannot take action on any item which does not appear on the agenda. All
persons addressing the Community Development Board shall speak in a civil and courteous
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THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, May 2, 2022
1
minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
F.Action Items
F.1 Silo Zone Map Amendment to Establish Residential Emphasis Mixed Use Zoning District on
115 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road
in Conjunction with Annexation, Application 21442(Saunders)
G.FYI/Discussions
G.1 Upcoming Items for May 16, 2022 Community Development Board meeting.(Saunders)
H.Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche
repository.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-
2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Taylor Chambers - Deputy City Clerk
Mike Maas - City Clerk
SUBJECT:Approve the Regular Meeting Minutes From:
April 18, 2022
MEETING DATE:May 2, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the Community Development Minutes as submitted.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
From August of 2013 through December 2020, the City Commission Minutes
have been linked with audio and video using AV Capture. In addition to the
City Commission, many Citizen Advisory Boards utilize the system as well.
Beginning December 14, 2020 the City Commission and many Citizen
Advisory Boards moved to our new Granicus Streaming Platform. Beginning
January 5, 2021 meetings in the Granicus platform have been closed
captioned. Those captions are searchable using the advanced search option
on our video view page.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Board.
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FISCAL EFFECTS:None
Attachments:
04-18-22 Community Development Board Minutes.pdf
Report compiled on: April 27, 2022
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Bozeman City Commission Meeting Minutes, April 18, 2022
Page 1 of 3
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 18, 2022
Present: Brady Ernst, Nicole Olmstead, Henry Happel, John Backes, Stephen Egnatz
Absent: Gerald Pape, Allison Bryan, Padden Guy Murphy, Jennifer Madgic
A) 00:04:09 Call to Order - 6:00 pm
B) 00:05:24 Disclosures
C) 00:05:34 Changes to the Agenda
• Chairman Happel informed the Board that item F.2 and item G.1 are the same items and
recommended to remove item G.1
00:06:27 Motion To remove G.5 from the Agenda
Henry Happel: Motion
Nicole Olmstead: 2nd
00:06:35 Vote on the Motion to approve To remove G.5 from the Agenda. The Motion carried 5 - 0
Approve:
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Disapprove:
None
D) 00:06:38 Approval of Minutes
D.1 Approval of Minutes from March 21, 2022
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Bozeman City Commission Meeting Minutes, April 18, 2022
Page 2 of 3
CD Board Meeting Minutes 03-21-22.pdf
00:07:08 Motion D) Approval of Minutes
Nicole Olmstead: Motion
Stephen Egnatz: 2nd
00:07:45 Vote on the Motion to amend D) Approval of Minutes. The Motion carried 5 - 0
Approve:
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Disapprove:
None
E) 00:07:56 Public Comments
Board member Bryan joined the meeting.
Present: Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes, Stephen Egnatz
Absent: Gerald Pape, Padden Guy Murphy, Jennifer Madgic
00:11:42 Mary Wictor - Public Comment
Mary Wictor commented regarding information previously sent in as public comment regarding "Livable
Communities."
F) 00:17:01 Special Presentations
F.1 00:17:03 Community Development Board Training Regarding Responsibilities as
Impact Fee Advisory Committee
CD Training 4-18-2022 memo.pdf
April 18, 2022 IFAC training - Slides.pdf
00:17:09 Staff Presentation
Planner Saunders presented the Impact Fee Advisory Committee Training to the Board.
00:45:09 Questions of Staff
F.2 01:27:57 Overview of Upcoming Code Amendments
01:27:59 Staff Presentation
Planner Saunders presented upcoming text amendments to the Board.
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Bozeman City Commission Meeting Minutes, April 18, 2022
Page 3 of 3
01:47:02 Questions of Staff
F.3 01:55:41 Opportunity to "Stump the Planner" Question and Answer.
01:55:52 Questions of Staff
G) Action Items
G.1 Presentation and Education on On-going Text Amendments Regarding Affordable
Housing in Preparation for Future Text Amendments
H) 02:10:17 FYI/Discussions
H.1 02:10:18 Upcoming Items for May 2, 2022 Community Development Board
meeting.
Planner Saunders informed the Board of items that will be coming before the Board in May. He also
informed the Board that the meeting will be a hybrid meeting in May.
I) 02:16:17 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche repository.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Silo Zone Map Amendment to Establish Residential Emphasis Mixed Use
Zoning District on 115 Acres Located Northwest of the Intersection of Davis
Lane and East Valley Center Road in Conjunction with Annexation,
Application 21442
MEETING DATE:May 2, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended 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 21442
and move to recommend approval of the Silo Annexation Zone Map
Amendment, with contingencies required to complete the application
processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex three parcels totaling
approximately 115 acres into the City limits and establish initial zoning of
REMU, Residential Emphasis Mixed-Use district. For further information see
the attached staff report. Application materials are available through the
City's Community Development Viewer and Laserfiche.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Recommend approval of the application;
2. Recommend modifications to the requested zoning;
3. Recommend deny the application based on 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:none.
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Attachments:
21442 Silo Annx-ZMA CDB SR.pdf
Report compiled on: April 27, 2022
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Page 1 of 33
21442 Staff Report for the Silo Annexation and Zone Map Amendment
Public Hearing Dates: Zoning Commission – May 2, 2022
City Commission - May 24, 2022
Project Description: Annexation application 21442 requesting annexation of approximately
115 acres and adjacent right of way for E. Valley Center Road and amendment to the
City Zoning Map for the establishment of a zoning designation of REMU
(Residential Emphasis Mixed-Use District).
Project Location: West of the intersection of Davis Lane and E. Valley Center Road and
legally described as three parcels of land as described in Warranty Deed document
number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed
document number 2736654; situated in the NE 1/4 of Section 27, Township 1 South,
Range 5 East, Principal Meridian, 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 21442 and
move to recommend approval of the Silo Annexation 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
21442 and move to the Silo Annexation subject to the terms of annexation and direct
staff to prepare an annexation agreement.
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 21442 and move to approve the Silo Zone Map
Amendment with contingencies of approval necessary to complete adoption of an
implementing ordinance.
Report: April 27, 2022
Staff Contact: Chris Saunders, Community Development Manager
Lance Lehigh, Interim City Engineer
Agenda Item Type: Action - Legislative
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Staff Report for the Silo Annexation and Zone Map Amendment, Application 21442 Page 2
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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 Zoning Commission as well as
the annexation and the zoning amendment for the City Commission. Application materials
available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258208&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 three parcels totaling approximately 115
acres into the City limits and establish initial zoning of REMU, Residential Emphasis Mixed-
Use district. The property is currently zoned “Agriculture Suburban” (AS) within the county.
The same AS County zoning is also to the south. The property to the west is not zoned. Due
to a name conflict with a subdivision being reviewed by Gallatin County the applicant has
requested a project name change from Gallatin Meadows to Silo. All references through this
report are to Silo.
Nearby municipal zoning to the east is REMU, Residential High Density Mixed-Use and to
the north across the Interstate is M-1 (Light Manufacturing district). 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. The
property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street),
and E Valley Center Road to the north, (a Bozeman classified principle arterial). Beyond E
Valley Center Road is Interstate 90. The proposed annexation would bring in additional right
of way to build out Davis Lane to the full city street classification as would be required with
future development.
The property is currently vacant with no existing development or city services on the parcel.
The property is surrounded to the west with rural residential uses, to the south still in
agricultural uses to the north by right of way and the interstate, and to the east by vacant land
and active construction of future medical facilities.
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.
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Alternatives
1. Recommend approval of the application;
2. Recommend modifications to the requested zoning;
3. Recommend deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 11
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17
Spot Zoning Criteria ......................................................................................................... 24
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 26
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 26
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 26
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 31
APPENDIX D – ADVISORY COMMENTS......................................................................... 31
FISCAL EFFECTS ................................................................................................................. 32
ATTACHMENTS ................................................................................................................... 33
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Staff Report for the Silo Annexation and Zone Map Amendment, Application 21442 Page 4
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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: Existing County Zoning (grey is city area)
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the Silo Annexation.
2. An Annexation Map, titled Silo Annexation Map with a legal description of the property
and including any adjoining un-annexed rights-of-way and/or street access easements for
Davis Lane and E. Valley Center Road 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
Engineer’s 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. The Annexation Agreement must include the following notices:
a. 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. 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. 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. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until it
is verified by the City that the necessary municipal services are available to the
property.
e. 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. 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.
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g. The Annexation 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. 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.
4. 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.
5. 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 as part of the Annexation Agreement:
a. Street improvements to E. Valley Center from Hidden Valley Road to N. 27th
Avenue,
b. Ferguson Avenue from E. Valley Center to Catamount Street, and
c. Davis Lane from E. Valley Center to Baxter Lane including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at E. Valley Center and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Davis Lane and E. Valley Center including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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.
6. Ferguson Avenue is classified as a Collector in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 90 feet. The applicant must
provide their respective portion of the ROW necessary to follow the alignment shown in
the transportation plan as a public street and utility easement where Ferguson Avenue is
adjacent to or crosses the property. The easement will be required with future
development once the final alignment has been determined.
7. E. Valley Center is classified as a Primary 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 half of the ROW from the centerline of the existing ROW
as a public street and utility easement where E. Valley Center is adjacent to the property.
A public street and utility easement must be provided prior to the adoption of Resolution
of Annexation. The applicant can contact the City's Engineering Department to receive a
copy of the standard easement language.
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8. Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must
provide their respective half of the ROW from the centerline of the existing ROW as a
public street and utility easement where Davis Lane is adjacent to the property. A public
street and utility easement must be provided prior to the adoption of Resolution of
Annexation. The applicant can contact the City's Engineering Department to receive a
copy of the standard easement language.
9. A 25 foot wide City standard public access easement for a multi-use path adjacent to the
frontage of E. Valley Center Road must be provided prior to the adoption of the
Resolution of Annexation. The applicant can contact the City's Engineering Department
to receive a copy of the standard easement language.
10. The applicant must contact Griffin Nielsen with 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.
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. The applicant must submit a zone amendment map, titled Silo Annexation Zone Map
Amendment, acceptable to the Director of Public Works, as a PDF which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way for E. Valley
Center, and total acreage of the property.
2. 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.
3. That all documents and exhibits necessary to establish the amended municipal zoning
designation of Residential Emphasis Mixed use shall be identified as the Silo
Annexation Zone Map Amendment.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on March 22, 2022. The
meeting will begin at 6 p.m. 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 recommends
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 21442.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on March 7, 2022 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on March 22,
2022. The meeting will begin at 6 p.m. 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 east over 650
lineal feet.
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.
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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.
Neutral. The subject property is currently vacant. It is not currently contracting with the City
for water, sewer or fire protection services. 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.
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 create a peninsula to the west. However, the
adjacent property to the south is well suited to annexation and urban development. The parcel
is quite large with a breadth and depth of approximately a half mile. Irregular extensions are
not prohibited in and of themselves. Given the size, staff concludes this is not an irregular
extension. The annexation will not create an annexation island.
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 provide additional right of way for Davis Lane to the
east which is designated by the City as a minor arterial. Easements or future easements for
Ferguson Road are required by the terms of annexation. An easement is required along E
Valley Center, which will enable connection of the existing shared use path to the west to the
shared use path easement east of Davis Lane. This is an important element of the developing
shared use path network in the NW part of the community. 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
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requirements. Right of way for the E Valley Center shared use path is required as a term of
annexation.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion Met. The subject property is approximately 115 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 requires 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 Term of Annexation 3. 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. Any future development will be required to connect to the
City systems.
Per Term of Annexation 3, the Annexation Agreement required to finalize the annexation
requires 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 Davis Lane, Ferguson Avenue, E. Valley Center, and a shared use path. The
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Recommended Terms of Annexation include requirements for these right of way provisions.
See Terms of Annexation 8-9.
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 City Zoning Commission will review the requested zoning district designation on May 2,
2022. The Zoning Commission’s recommendation will be passed along to the City
Commission for review and consideration along with the annexation request on May 24,
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
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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 on the east by Davis Lane which is a minor
arterial and paved to the edge of the subject property. Access is also available from E.
Valley Center Road on the north which is paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The 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 3 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. The property is located adjacent to existing urban development that is currently
served by Bozeman Fire and Police Departments. The property is located in the City’s water
and sewer service areas. Expansion of municipal utility and park facilities to serve the
development will occur during the development process. As noted above, the annexation
agreement will require future development to meet municipal standards.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
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disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. City services are not currently being provided to this property as it is vacant.
Future development will be required to hook up to City services. This annexation is not a
result of an emergency condition requiring connection.
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 required. 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. 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
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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
and zoning application information.
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. There are no existing septic systems or wells that will need to be abandoned.
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.
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.
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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
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
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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 category.
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.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
Goal N-3: Promote a diverse supply of quality housing units.
The requested REMU district supports all three of the above as it authorizes a wide range of
housing types, lot sizes, and services to create a mix of housing.
Goal DCD-1: Support urban development within the City.
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The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the
City Commission declines the annexation then the requested REMU zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the east. It adds
approximately 115 acres to the City limits that is available for urban development.
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 and identified policies in the BCP 2020. Public health
and safety will be positively affected by requiring 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,
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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 E Valley Center. This in an important segment in connecting the existing elements of
the trail elsewhere along E Valley Center. 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 for transportation, parks,
sewer, and water. 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.
All future construction must extend services in conjunction with subdivision and site
development. Those extensions must meet current standards and will advance this standard.
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. The criterion is not about personal preferences but about
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protection of public health and safety. The adopted standards address protection of public
health and safety.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural
protection zone which requires 20 acres per home. The site is presently a small grains field.
Any development under Bozeman zoning will generate more traffic, on foot, bicycle, or
vehicle, than a field.
To meet the adopted standards of 38.400, when a development is proposed, it will be
responsible for frontage improvements along Davis Lane as well as Valley Center Road. In
addition, the City’s proposed trails plan includes a shared use path along Valley Center Road.
Future development will be required to provide these improvements which will enhance the
city’s motorized and non-motorized transportation systems. Local streets will be laid out and
constructed as development proceeds. Sidewalks and bike facilities are minimum standards
and will be constructed as needed. The site is not yet addressed. The nearest known address is 14 Stubbs Lane which has a
Walk Score of 3, a Transit score of 0, and Bike Score of 32. Average walk score for the city
as a whole is 48 out of 100. These values are provided by Walk Score, a private organization
which presents information on real estate and transportation through walkscore.com. The
algorithm which produces these numbers is proprietary. A score is not an indication of safety
or continuity of services or routes. Scores are influenced by proximity of housing, transit, and
services and expected ability, as determined by the algorithm, to meet basic needs without
using a car. Sites located on the edge of the community have lower scores than those in the
center of the community as the area is still under development and therefore diversity of uses
is less than in fully established areas. There are no adopted development standards relating to
the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent of the REMU zone is to provide for high density residential
development through a variety of housing types and residential supportive commercial uses
to create a walkable area to serve the varying needs of the community’s residents. The
subject property is adjacent to low-density residential uses to the west and high intensity
commercial and residential uses to the east (including a proposed medical facility). Creating
a more dense residential development with commercial services adjacent to a higher intensity
commercial area is a compatible use. In addition, this property is accessed by both a major
and a minor arterial and is located immediately south of Interstate 90, thus the access and
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existing major street systems are already in place. Extension of Ferguson Avenue will occur
with future development in accordance with the terms of annexation. The REMU district
allows for a wide range of residential uses which allows for consideration of existing
development to the west. 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. 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 intent and purpose of the REMU district is available in
38.300.110.F and in Appendix B of this report.
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.
The existing character of the site is as a field. Any change in zoning will modify the essential
character of the property. To the east is the City limits with various higher density zoning
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districts. To the west is an unzoned rural subdivision initially platted in 1970 and rearranged
in 1973 with lots of about an acre in size. In 1970, the city limits were about 3.5 miles away.
The zoning amendment is in conjunction with annexation of the property. It is appropriate to
zone the annexing area consistent with the current growth policy and other standards of the
City. The amendment does not alter the allowed uses or standards within the adjacent unzoned
rural subdivision.
I. Peculiar suitability for particular uses.
Criterion Met. 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 site
is large and has access to two arterial streets and one collector street. The large site facilitates
planning and layout of the site to meet many needs. The site has modest topography. The
proposed REMU zoning designation is suitable for the property’s location and adjacent uses.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the subject property. The amendment is for the
zoning map and does not alter allowed uses on adjacent property.
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
excellent 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 Neighborhood”.
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. The amendment site bridges areas with different uses. To the east are
commercial and services and high density residential. On the north is an intensive
transportation corridor with interstate, railroad, and two arterial streets. To the west is rural
residential at suburban densities. On the south agricultural uses are in place at this time but
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may change soon. While the proposed zoning district is not an exact match in type or
intensity of the adjacent land uses, there is no one district which would be able to match all
the adjacent uses. The REMU allows for a wide mix of residential uses and a broad range of
commercial uses but with limited commercial scale. 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 rural single family homes and agriculture, and high intensity
businesses, and would act as a graduated intensity of use between the adjacent uses. As
discussed in Criterion A above, the REMU zoning is consistent with the adopted growth
policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. The application is submitted by one landowner in conjunction with the
proposed annexation of the property. While the City supports and encourages multiparty
annexation applications, they are not required. Single owner petition annexation requests are
the most frequently seen. The area of the amendment is 115 acres, a much larger area than
the individual parcels adjacent to it. The amendment is consistent with and supports the
City’s adopted growth policy, thus it is 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?
Criterion not met. 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 in the review criteria above, no substantial negative impacts are
identified due to this amendment.
The application is consistent both with the City’s growth policy. The growth policy
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 to the east within the City. Change is character is inevitable
with a change from agriculture to any urban use. The development standards of the City will
address utility, transportation, and other issues to mitigate impacts from future development.
These standards are applied during subdivision and zoning review of proposed development.
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 February 13th and 27th, 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 April 27, 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
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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.”
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:
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
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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;
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;
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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 “Urban Neighborhood”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Virga Capital, PO Box 1070, Bozeman MT 59771
Representative: Intrinsik Architecture, 106 E Babcock St, Ste 1A, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager, Community
Development Department
APPENDIX D – ADVISORY COMMENTS
The following informational items are provided for consideration during the design of
development on the site in the future.
General
1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is
adjacent to a watercourse, the developer must mitigate the impacts of the development on
the watercourse.
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. Upon future development, the applicant must confirm seasonal high
groundwater level (SHGWL), 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 fall. 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.
Transportation
1. Montana Department of Transportation (MDT) must be consulted regarding the
requirement of any road or intersection improvements and access on E. Valley Center
Road. MDT must grant approval for any work within the E. Valley Center ROW.
2. BMC 38.400.010 Streets (A) – Upon future development, Davis Lane must be
constructed to the City’s Minor Arterial street standard.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the Davis Lane improvements must be in place prior to future subdivision,
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final plat, or final site plan approval and that offsite easement acquisition may be required
at the time of development to allow Davis Lane to be constructed to meet the subject
development requirements.
3. BMC 38.400.010 Streets (A) – Upon future development, the intersection of East Valley
Center and Davis Lane must be constructed per the City’s Transportation Master Plan
Object ID# 11.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the East Valley Center Road and Davis Lane intersection must be in place
prior to future subdivision, final plat, or final site plan approval and that offsite easement
acquisition may be required at the time of development to allow the intersection to be
constructed to meet the subject development requirements.
4. BMC 38.400.10 Street (A.1) – Upon future development, the development must have a
minimum of two street connections to the development that are sufficiently connected to
the existing City street network.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the local roads must be in place prior to subdivision final plat or final site
plan approval and that offsite easement acquisition may be required at the time of
development.
5. BMC 38.410.040 Blocks - Upon future development, streets must be constructed to an
appropriate local street grid through the property that meets block length requirements.
6. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to East Valley Center Road. Upon future
development the trail must be constructed through property as defined in the City Parks,
Recreation, Open Space, and Trails (PROST) Plan. The trail must reside completely on
the subject property as it will not be allowed within the Valley Center ROW.
7. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to Davis Lane. Upon future development
the trail must be constructed through property as defined in the City Parks, Recreation,
Open Space, and Trails (PROST) Plan.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
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ATTACHMENTS
The full application and file of record was electronically submitted and can be viewed at
https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project
Documents’ and navigate to application 21442 to view the full application. Digital access is
also available at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715.
Application materials direct link:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258208&cr=1
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Upcoming Items for May 16, 2022 Community Development Board meeting.
MEETING DATE:May 2, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action required.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The following project review items are presently scheduled for the May 16,
2022 Community Development Board meeting.
1. Text amendment to modify requirements to use a well for certain
irrigation to conform with recent rule changes by the Montana Department
of Natural Resources and Conservation, application 22127.
2. Text amendment to create additional flexibility in applying standards to
housing by establishing a new set of departures for housing creation and
associated definitions as discussed at the April 18th meeting.
3. Shady Glen planned unit development concept review - review and
comment to aid in preparation of a formal application for a proposed
planned unit development.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: April 27, 2022
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