HomeMy WebLinkAbout06-27-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
B.Disclosures
C.Changes to the Agenda
D.Public Service Announcements
E.Approval of Minutes
Approval of Minutes for 5/16.
E.1 Approval of Minutes(Happel)
F.Consent Items
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, June 27, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
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Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
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If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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G.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
manner and members of the audience shall be respectful of others. Please state your name and
place of residence in an audible tone of voice for the record and limit your comments to three
minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
H.Special Presentations
I.Action Items
I.1 Ordinance 2104 To Repeal and Replace Division 38.430 Planned Unit Development With A
New Planned Development Zone Process And Amend 24 Related Sections Of The Bozeman
Municipal Code, Application 22133(Saunders)
I.2 Discussion And Decision On Alternate Meeting Dates Policy When Standard Dates Of Board
Meetings Are Cancelled Due To Holidays(Saunders)
J.FYI/Discussions
J.1 Upcoming Items for July 11, 2022 Community Development Board meeting.(Saunders)
K.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).
In order for the City Commission to receive all relevant public comment in time for this City Commission
meeting, please submit via the Commission Comment Page 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:Community Development Board
FROM:Jonathan Fuller CD Technician III
SUBJECT:Approval of Minutes
MEETING DATE:June 27, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from May 16, 2022.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve minutes with corrections.
2. Do not approve meeting minutes.
FISCAL EFFECTS:None
Attachments:
05162022 CD Board Minutes.pdf
Report compiled on: June 22, 2022
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Community Development Meeting Minutes, 05-16-2022
Page 1 of 6
COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA
MINUTES
05-16-2022
Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes,
Stephen Egnatz, Jennifer Madgic
Absent: None
A) 00:03:21 Call to Order - 6:00 pm
Meeting started on time.
B) 00:04:18 Disclosures
There were no disclosures.
C) 00:04:27 Changes to the Agenda
One change to the agenda instated by Anna Bentley, Action Item F1 transferred to the next Community
Development board meeting on June 6th.
00:04:49 Motion C) Continuance Motion: "I move to continue the hearing for application 21-442 to
Monday, June 6th, 2022." (Pape)
Gerald Pape: Motion
Jennifer Madgic: 2nd
Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, John Backes, Padden Guy Murphy,
Stephen Egnatz, Jennifer Madgic
Absent: Nicole Olmstead
D) 00:06:35 Approval of Minutes
D.1 00:08:18 Approve the Meeting Minutes from May 2, 2022
CD Board Meeting Minutes 050222.pdf
00:06:57 Motion the meeting minutes as submitted.
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Community Development Meeting Minutes, 05-16-2022
Page 2 of 6
Stephen Egnatz: Motion
Jennifer Madgic: 2nd
00:07:14 Vote on the Motion to approve the meeting minutes as submitted.. The Motion carried 7 - 0
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, John Backes, Padden Guy Murphy,
Stephen Egnatz, Jennifer Madgic
Absent: Nicole Olmstead
E) 00:08:26 Public Comments
00:08:47 No Public Commentors
F) 00:10:29 Action Items
F.1 00:10:46 Annexation and initial zoning application 21443 requesting annexation
of 8.56 acres and amendment to the City Zoning Map for the establishment of a zoning
designation of B-2M (Community Business-Mixed District).
6590 Davis Lane Annexation Request.pdf
00:04:57 Motion I move to continue the hearing for application 21443 to Monday, June 6, 2022.
Gerald Pape: Motion
Jennifer Madgic: 2nd
00:05:37 Vote on the Motion to postpone I move to continue the hearing for application 21443 to Monday,
June 6, 2022.. The Motion carried 7 - 0
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
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Community Development Meeting Minutes, 05-16-2022
Page 3 of 6
Disapprove:
None
Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, John Backes, Padden Guy Murphy,
Stephen Egnatz, Jennifer Madgic
Absent: Nicole Olmstead
F.2 00:10:43 Ordinance 2108, Well Use Requirement Update the City of Bozeman
(City) regulations for review of subdivisions to conform to the Montana Subdivision and
Platting Act, recently updated by the State Legislature, Application 22137.
22137 CDB Staff Report Final.pdf
Ordinance 2108_Irrigation Water Supply for Review.pdf
01:12:27 Motion Having reviewed and considered the staff report, draft ordinance, public comment,
and all information presented, I hereby adopt the findings presented in the staff report for application
22137 and move to recommend approval of Ordinance 2108.
Nicole Olmstead: Motion
Brady Ernst: 2nd
01:20:49 Vote on the Motion to free form Having reviewed and considered the staff report, draft
ordinance, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 22137 and move to recommend approval of Ordinance 2108.. The Motion
carried 7 - 1
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
Nicole Olmstead
00:11:09 Tom Rogers introduced Brian Heaston who presented on Ordinance 2108.
F.3 01:22:56 Ordinance 2111, Departures for Housing Creation, Consider and
Recommend to City Commission a New Section 38.320.070 to Authorize Additional
Administrative Flexibility In Administration of Specified Residential Standards and Create
Definitions for Infill and Missing Middle Housing, Application 22133.
22133 CDB Staff Report - Departures.pdf
Ordinance 2111 Departures (DRAFT).pdf
22133 Departures amendments - e-news.pdf
02:30:36 Motion Community Development Board Recommended Motion: Having reviewed and
considered the staff report, draft ordinance, public comment, and all information presented, I hereby
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Community Development Meeting Minutes, 05-16-2022
Page 4 of 6
adopt the findings presented in the staff report for application 22133 and move to recommend approval
of Ordinance 2111.
Allison Bryan: Motion
John Backes: 2nd
02:31:20 Motion Mark Egge Comment Amendment to motion. His suggestion is ADUs may be permitted
on any lot in a district where ADUs are allowed use that meets the lot size and setback requirements for
the principal structure except for lots under 3000 square feet in area or lots containing attached town
homes without the requirement for 1000 square feet of additional area. His suggestion includes the
inclusion of "and"
Jennifer Madgic: Motion
Gerald Pape: 2nd
02:33:35 Vote on the Motion to amend Mark Egge Comment Amendment to motion. His suggestion is
ADUs may be permitted on any lot in a district where ADUs are allowed use that meets the lot size and
setback requirements for the principal structure except for lots under 3000 square feet in area or lots
containing attached town homes without the requirement for 1000 square feet of additional area. His
suggestion includes the inclusion of "and". The Motion carried 8 - 0
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
02:35:13 Motion Criteria 3
Nicole Olmstead: Motion
Henry Happel: 2nd
02:41:45 Vote on the Motion to amend Criteria 3. The Motion failed 1 - 7
Approve:
Nicole Olmstead
Disapprove:
Gerald Pape
Allison Bryan
Brady Ernst
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Community Development Meeting Minutes, 05-16-2022
Page 5 of 6
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
02:44:44 Motion Deletion of Criteria 3
Henry Happel: Motion
Jennifer Madgic: 2nd
02:51:03 Vote on the Motion to amend Deletion of Criteria 3. The Motion carried 7 - 1
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Jennifer Madgic
Disapprove:
Stephen Egnatz
02:55:04 Vote on the Motion to free form Community Development Board Recommended Motion: Having
reviewed and considered the staff report, draft ordinance, public comment, and all information presented,
I hereby adopt the findings presented in the staff report for application 22133 and move to recommend
approval of Ordinance 2111.. The Motion carried 7 - 1
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
Stephen Egnatz
Jennifer Madgic
Disapprove:
John Backes
G) 02:55:55 FYI/Discussions
G.1 Upcoming Items for June 6, 2022 Community Development Board meeting.
G.2 02:57:07 Community development report
ComDev Report March 2022.pdf
H) 02:57:55 Adjournment
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Community Development Meeting Minutes, 05-16-2022
Page 6 of 6
Meeting Adjourned
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, Interim Director Community Development
SUBJECT:Ordinance 2104 To Repeal and Replace Division 38.430 Planned Unit
Development With A New Planned Development Zone Process And Amend
24 Related Sections Of The Bozeman Municipal Code, Application 22133
MEETING DATE:June 27, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Community Development Board Recommended Motion: Having reviewed
and considered the staff report, draft ordinance, public comment, and all
information presented, I hereby adopt the findings presented in the staff
report for application 22133 and move to recommend approval of Ordinance
2104.
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 amendment updates the City's land development regulations as part of
efforts to support affordable housing and implement other community
priorities. For more information see the Executive Summary and Appendix A
in the attached staff report.
UNRESOLVED ISSUES:None
ALTERNATIVES:See the attached staff report
FISCAL EFFECTS:None
Attachments:
22133 CDB Staff Report - PUD_PDZ final.pdf
Ordinance 2104 Planned Unit Development 6-8-2022.pdf
22133 PDZ e-notification.pdf
Report compiled on: June 21, 2022
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Page 1 of 19
22133 Staff Report for the Planned Development Zones Text Amendment,
Ordinance 2104
Public Hearings:
Community Development – June 27, 2022.
City Commission – July 12, 2022.
Project Description: Repeal Planned Unit Development, Division 38.430 and associated
standards and replace with a new Division 38.430 Planned Development Zones. See
Appendix A for the detailed description.
Project Location: Revision to the text is applicable City-wide to all development that
includes housing.
Recommendation: Meets applicable criteria.
Community Development Board Recommended Motion: Having reviewed and
considered the staff report, draft ordinance, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
22133 and move to recommend approval of Ordinance 2104.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 22133, and move to provisionally adopt
Ordinance 2104.
Report: June 21, 2022
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Unresolved Issues
None.
Project Summary
The amendments will repeal the existing planned unit development process and replace it
with planned development zones.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 2 of 19
See the attached draft Ordinance 2104 for the proposed text. Use of a Planned Development
Zone (PDZ) is voluntary. The applicant can choose whether or not to use them. This work is
partial implementation of a review of municipal standards for housing construction. The City
Commission gave direction at their March 1, 2022 meeting to start this amendment process.
See Appendix A for additional information.
Elements of the proposed amendments include:
1. Repeal Division 38.430, Planned Unit Development in its entirety. A planned unit development is a review process than allows an applicant to propose different land
development standards in exchange for public benefits. The scope and type of public benefits is included in the code. Planned unit developments are currently allowed in all zoning districts.
2. Remove references to Planned Unit Developments throughout Chapter 38, Unified Development Code, amending 24 individual sections of the municipal code. Each section
is included in the new ordinance that applies these amendments.
3. Create a new Division 38.430, Planned Development Zones (PDZ). A PDZ creates a new custom zoning district and associated land development standards that apply only to that one site. A PDZ is reviewed as a text and zone map amendment according to standard review procedures in Division 38.260 of the municipal code. A finalized PDZ will be
shown on the zoning map. Additional review processes are also required in Division 38.430 including required provision of public benefits including alternatives for affordable housing, protection of historic structures, sustainable design, and large development. Benefits may be of just one type or a combination of the options. A PDZ may propose different combinations of uses as well as numeric standards. A PDZ must
also include a general development plan presenting the general layout and nature of development within the area. PDZs are integrated into multiple sections throughout the code in place of planned unit developments.
4. Create a new Division 38.440, Legacy Planned Unit Developments, establishing standards for how existing developments that were approved under the old planned unit
development standards can be amended or removed from a planned unit development. No existing PUD is changed or repealed by this amendment.
5. Repeal and replace Section 38.220.120 specifying submittal requirements for Planned Development Zones and associated documents.
6. Revise Section 38.400.020, Street and road dedication, to change how privately
maintained streets are reviewed, approved, and maintained. Additional administrative flexibility is provided for approval and additional data is required to show how the street will work and be maintained.
7. Revise Section 38.200.010, Review authority, to reflect changes creating Planned Development Zones and Legacy Planned Unit Developments, assign duties to revised
administrative departments.
8. Amend definitions in Division 38.700 to conform to the proposed amendments.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 3 of 19
Strategic Plan Implementation
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.
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.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Economic Vitality Board
The Economic Vitality Board (EVB) has the duties of the former Community Affordable
Housing Advisory Board. The EVB reviewed draft Ordinance 2104 on June 1, 2022. They
continued their discussion to their following meeting, presently expected on July 6, 2022.
Alternatives
1. Recommend ordinance not be approved based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Recommend with directed amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 4 of 19
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan Implementation ............................................................................................ 3
Economic Vitality Board .................................................................................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
Spot Zoning Criteria ......................................................................................................... 10
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 10
Section 76-3-102, MCA (Subdivision Purposes).............................................................. 11
Section 76-3-501, MCA (Subdivision Purposes).............................................................. 13
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 15
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 18
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 18
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission will hold a
public hearing on these amendments on June 27, 2022, at 6 pm.
The City Commission will hold a public hearing on the text amendment on July 12, 2022 at 6:00
p.m.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 5 of 19
SECTION 2 - TEXT 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 text 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 text 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 text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text 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.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. A growth policy provides a high level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in
accordance with the growth policy per 76-2-304(1)(a), MCA. The new Planned Development
Zones are amendments to the zoning map and text and therefore must conform to the growth
policy. Bozeman adopted a new growth policy in November 2020.
The new PDZ review process narrows the focus of public benefits. Rather than 11 potential
ways to show benefits, the new process includes 4. See section 38.430.050 in the text
(Ordinance Section 20). This places greater emphasis on subjects deemed of most importance
to the community including affordable housing, historic preservation, sustainability, and
combinations of benefits. A review of the growth policy shows multiple goals and objectives
relating to housing, historic preservation, provision of infrastructure, and sustainability.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 6 of 19
The proposed amendments implement the growth policy. The PDZ process requires
provision of a public benefit in exchange for the flexibility in standards. Individual public
benefits support different goals in the BCP2020. Examples of relevant goals and objectives
are:
R-1.4 Be integrated: bring together a range of distinct systems and institutions.
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
The existing PUD system has been in place for over 30 years. Although it has been updated
periodically it does not represent current best practices. The PDZ revision advances best
practice by increasing focus on key community priorities, including placement on the zoning
map to improve public awareness of the special standards applicable to that site, and using
the legislative rule making amendment process to address the discretionary review inherent
in a PDZ rather than the more quasi-judicial current process.
There is a discussion on housing affordability beginning on BCP2020 page 21. The
discussion identifies national and local trends and issues affecting affordability and housing
needs. The PDZ process may be used throughout the community, encourages proximity of
homes and services including multi-modal transportation, and is more likely to provide
missing middle housing if price restricted housing is the community benefit offered.
Providing a tool encouraging construction of housing focused at the lower cost range
supports several goals including:
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to
populations that are often most fragile and vulnerable to sudden impacts.
N-1.1. Promote housing diversity, including missing middle housing.
N-3.3 Encourage distribution of affordable housing units throughout the City with
priority given to locations near commercial, recreational, and transit assets.
EE-1.4 Support employee retention and attraction efforts by encouraging continued
development of affordable housing in close proximity to large employers.
Historic Preservation is one of the community benefit options. This is expected to be used
within existing developed portions of the community. This option requires existing buildings
and sites to be protected and enhanced.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
DCD-1.2. Remove regulatory barriers to infill.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 7 of 19
DCD-1.5. Identify underutilized sites, vacant, and undeveloped sites for possible
development or redevelopment, including evaluating possible development incentives.
Sustainability is also an identified public benefit and when used requires reductions in two of
three areas of energy and water conservation and transportation use reductions. Reducing
consumption advances:
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit
options.
EPO-3.3 Support water conservation, use of native plants in landscaping, and
development of water reuse systems.
EPO-3.5 Update land development standards to implement the Integrated Water
Resources Plan.
EPO-3.9 Integrate climate change considerations into development standards.
EPO-3.11 Support resource conservation through recycling, composting, and other
appropriate means.
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.).
No element of the proposed ordinance affects the future land use map at this time. Therefore,
no analysis of correspondence to the future land use map is provided. The text of the PDZ
amendment requires proposed uses to be consistent with the descriptions and uses for
individual future land use designations. Review of future PDZ applications will affect the
zoning map and will be analyzed individually at that time based on the specifics of the
individual application.
B. Secure safety from fire and other dangers.
Criterion is met. Building code standards for fire resistance, exiting, and other protection
remain in place and will continue to protect the public. The requirements to avoid floodplains
and similar physical hazards remain in place. Therefore, access by emergency services,
suitable water and sewer services, and other safety features remain.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place. See also
responses to Criteria B and D. A PDZ may request a change from existing standards that
address these and other criteria. However, any such alternative standard proposed must
likewise be evaluated against these criteria. If the alternative does not meet the standard it
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 8 of 19
should not be approved. At this time there is no evidence of lack of compliance by a future
application.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion is met. 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 (CIP). The CIP identifies individual projects, project
construction scheduling, and financing of construction.
Considering the code as a whole, the standards requiring provision of the infrastructure listed
in this criterion are not being changed with these amendments.
E. Reasonable provision of adequate light and air.
Criterion met. Adequate light and air are provided by a mix of site development standards
including park dedication, on-site open space, and setbacks; as well as building code
requirements for air for combustion and ventilation. Each standard addresses a different
functional element. There is no specified quantity of day light or other physical outcome
required by this criteria. The standard is for reasonableness and adequacy which vary by type
of use and other specifics of development. Building codes also address this criteria through
requirements for ventilation and lighting.
A PDZ may request a change from existing standards that address these and other criteria.
However, any alternative standard proposed must likewise be evaluated against these zoning
amendment criteria. If the alternative standard does not meet this or other criteria it should
not be approved. Open area, setbacks, and related elements affect this criterion and the
character of the district. At this time there is no evidence of lack of compliance by a future
application.
F. The effect on motorized and non-motorized transportation systems.
Criterion is met. The City conducts extensive planning for municipal transportation, trails,
and parks related to this criterion 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 proposed amendments do not alter these
plans or associated standards.
One of the public benefit options under sustainability is to reduce transportation demand.
Typical techniques to do this include mixing uses so services and homes are nearby and don’t
require motor travel, excellence in pedestrian networks, and similar options. If this option is
used the transportation system should be improved. As there is no known impact at this time
the criterion is met.
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Staff Report for the Planned Development Zones Text Amendment 22133 Page 9 of 19
G. Promotion of compatible urban growth.
Criterion is met. 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. A PDZ may request a change from existing standards that address
this criterion. However, any such alternative standard proposed must likewise be evaluated
against these zoning amendment criteria. This set of amendments does not itself alter any
standard or allowed use. If a proposed package of development standards does not promote
compatible growth it cannot meet this criterion. The text of the PDZ limits flexibility in uses
to that allowed by the land use designation in the BCP2020 which will help keep uses
consistent. At this time there is no evidence of lack of compliance by a future application.
Therefore, staff concludes the criterion is met.
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 text and not the zoning map directly. The PDZ process will result in
new districts which will be included on the zoning map. Internally, each PDZ proposal will be
consistent in character as it is proposed as a single package of standards. When considering
how a proposed PDZ fits with adjacent development, that will be considered based on the
specific location, uses, and standards included in the proposal. It is premature to consider
specific proposals.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed
within zoning districts. Therefore, no detailed analysis regarding this criterion can be
performed.
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J. Conserving the value of buildings.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed within
zoning districts. No standard is being created which will reduce allowed building areas or
otherwise restrict the development capacity of a specific property. When considering how a
proposed PDZ fits with adjacent development, that will be considered based on the specific
location, uses, and standards included in the proposal. The landowner is required to consent to
creation of a PDZ, any impacts on existing buildings within a proposed PDZ will be with
consent of the owners. It is premature to consider specific proposals.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion is met. The zoning map and future land use map of the growth policy identify areas
where specific uses are generally appropriate. However, both occur at a coarse level of detail
and do not authorize construction. The PDZ amendment requires that uses proposed in a
development be consistent with the descriptions of the land use designations shown on the
future land use map. This is an outcome supported by the growth policy, see Criterion A.
Therefore, the criterion is met.
Spot Zoning Criteria
Amendments to the zoning map may, in certain factual circumstances, constitute
impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any
way at this time. Any future PDZ will amend the zoning map. Therefore, any PDZ review
will include analysis against spot zoning criteria when the specifics of location, type, and
standards of development are known.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Criterion met. A growth policy provides a high level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in
accordance with the growth policy per 76-2-304(1)(a), MCA. The new Planned Development
Zones are amendments to the zoning map and text and therefore must conform to the growth
policy. Bozeman adopted a new growth policy in November 2020.
The new PDZ review process narrows the focus of public benefits. Rather than 11 potential
ways to show benefits, the new process includes 4. See section 38.430.050 in the text
(Ordinance Section 20). This places greater emphasis on subjects deemed of most importance
to the community including affordable housing, historic preservation, sustainability, and
combinations of benefits. A review of the growth policy shows multiple goals and objectives
relating to housing, historic preservation, provision of infrastructure, and sustainability.
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The proposed amendments implement the growth policy. The PDZ process requires
provision of a public benefit in exchange for the flexibility in standards. Individual public
benefits support different goals in the BCP2020. Examples of relevant goals and objectives
are:
R-1.4 Be integrated: bring together a range of distinct systems and institutions.
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
The existing PUD system has been in place for over 30 years. Although it has been updated
periodically it does not represent current best practices. The PDZ revision advances best
practice by increasing focus on key community priorities, including placement on the zoning
map to improve public awareness of the special standards applicable to that site, and using
the legislative rule making amendment process to address the discretionary review inherent
in a PDZ rather than the more quasi-judicial current process.
See analysis under the zoning criteria for more discussion of this item.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the subdivision
of land.
Criterion is met. The City is required to implement state mandates for the review of
subdivisions. Review requires evaluation of impacts from development as well as surveying
and documentation. The proposed amendments do not alter the subdivision review process
itself. The PDZ amendments clearly state that the PDZ may not alter requirements not
established by the City such as legal and physical access and requiring compliance with
terms of environmental permitting. Therefore, the criterion is met.
3. Prevent the overcrowding of land.
Neutral. Overcrowding is the condition arising from more intensity of use than the property
and infrastructure is capable of supporting. The proposed amendments do not address the
underlying analysis of whether a proposed land use is the appropriate intensity of use. The
City’s standards regarding appropriate intensity of use are established through the City’s
zoning districts. Approval of a PDZ results in creation of a new zoning district. The
necessary infrastructure to support development must still be provided in a timely manner
and in sufficient quantity to address needs of the development. Any alternative standard
proposed with a PDZ must be able to show compliance with the growth policy, facility plans,
and zoning review criteria.
4. Lessen congestion in the streets and highways.
Neutral. The proposed amendments do not change the existing standards which address this
criterion. Adequate information to demonstrate compliance with adopted standards must still
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be presented as part of application submittals. The City’s transportation master plan and
capital improvements program address needed expansions and improvements. Local
improvements will continue to be required for individual subdivisions as currently is
required.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The existing regulations set forth processes and standards by which a development
ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided.
Compliance with those requirements is required as part of the submittal requirements for
subdivision application. Construction follows approval of a preliminary plat and generally is
completed before the final plat is approved.
Approval of a PDZ results in creation of a new zoning district and alternate development
standards. An applicant could propose a different method of meeting requirements such as
stormwater control but must still be able to meet the functional needs of the development.
The necessary infrastructure to support development must still be provided in a timely
manner. Any alternative standard proposed with a PDZ must be able to show compliance
with the growth policy, facility plans, and zoning review criteria.
The regulations have no impact on providing adequate light and air. See also Zoning Criteria
D and E. The criterion is met.
6. Require development in harmony with the natural environment.
Neutral. The proposed amendments do not specifically address this issue. The existing
standards for protection of water courses, wetlands, etc. are not modified. Revisions are made
to data submittal requirements. As more information becomes readily available on demand
the specific information for an individual application can become more focused on essential
material unique to that site. The proposed amendments do reduce required information to be
submitted with individual subdivision applications. In fact, state changes demand full
disclosure up front by the developer to show how much water is needed for their plan and
where water consumption comes from; i.e. exempt well, City water supply, or a combination
thereof. Due to the increased general availability of information, the reduction in
application-specific submittal material will not negatively affect this criterion.
Part of the PDZ public benefit options includes addressing sustainability. To use this the
applicant must demonstrate reductions is use of two of three options of water, energy, or
transportation. The reductions should support harmony with the natural environment. Use of
this option is an alternative that may or may not be used by a specific PDZ. Due to the
uncertainty of whether this option will be used and the potential for alternative standards a
specific finding of compliance or non-compliance with the criterion cannot be made at this
time.
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7. Protect the rights of property owners.
Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners
have both property rights and associated responsibilities. PDZ must be requested by the
property owner and is a voluntary process. No part of the amendments remove rights of
property owners without their consent.
8. Require uniform monumentation of land subdivisions and transferring interests in
real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not alter the standards previously found adequate to
address this requirement. A PDZ may not alter standards established by non-city agencies
such as the standards for monumentation or sale of land.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Criterion is met. The PDZ process requires a three step process for approval. The concept
plan allows for early identification of concerns so that formal applications can be complete
and responsive to required criteria of review. A PDZ is reviewed as a zone map and text
amendment. These processes must conform to the guidance of the growth policy (BCP2020)
that establishes goals and priorities for the community. The legislative review process for a
PDZ requires public notice and multiple public hearings where the larger community impacts
can be considered. These additional standards will further support orderly development
through early contact with affected parties and providing opportunities to avoid or address
conflicts earlier in the review process.
10. Coordination of roads within subdivided land with other roads, both existing and
planned.
Neutral. The proposed amendments do not alter the existing standards or planned locations
for road placement or expansion. New subdivisions will continue to be required to coordinate
the development of roads servicing the development with the overall street grid of the City,
both existing and planned. A PDZ may proposed alternate development standards. Under
any proposal this criteria will remain necessary to meet and coordination will occur. A PDZ
may not approve a waiver from a state required standard. See also Zoning Criterion F.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments do not alter the existing standards for the width or
planned locations for road placement or expansion. New subdivisions will continue to be
required to coordinate the development of roads servicing the development with the overall
street grid of the City, both existing and planned. Configuration of easements for public
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utilities such as water or sewer are not changing. See also Zoning Criterion F and
Subdivision Criterion 10.
12. Improvement of roads.
Neutral. The proposed amendments do not alter the existing standards for road
improvements New subdivisions will continue to be required to coordinate the development
of roads servicing the development with the overall street grid of the City, both existing and
planned. Most detailed construction standards are now and will continue to be included in the
Design and Specifications created by the Engineering Division. See also Zoning Criteria D
and F and Subdivision Criterion 10.
13. Provision of adequate open spaces for travel, light, air and recreation.
Criteria is met. Standards for light and air are generally established by the Building Code and
Zoning regulations for individual lots. No changes are proposed affecting the amount of land
to be set aside for public parks. Subdivisions are required by the Montana Subdivision and
Platting Act to provide for mitigation of recreational impacts. A PDZ may propose alternate
development standards. Under any proposal this criteria will remain necessary to meet and
coordination will occur. A PDZ may not approve a waiver from a state required standard. See
also Zoning Criterion F.
14. Adequate transportation, water and drainage.
Neutral. City standards for the referenced infrastructure are unchanged by the proposed
amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and
F.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The proposed amendments do not modify the regulations in place to ensure
adequate sanitary facilities to serve the development are installed in accordance with City
standards. The City has not established standards greater than state regulations or guidelines
that would be affected by 76-3-511. A PDZ may proposed alternate development standards.
Under any proposal this criteria will remain necessary to meet and coordination will occur. A
PDZ may not approve a waiver from a state required standard. Municipal water and sewer
systems are subject to and designed to conform with state established regulations and a PDZ
may not be approved contrary to those regulations. See also Zoning Criterion D.
16. Avoidance or minimization of congestion.
Neutral. See responses to Criterion 3 and 4, and 10-14 above. The amendments to create the
PDZ process do not in themselves address this criterion. Review of individual applications
and proposed standards will be evaluated.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by reason of
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natural hazard or the lack of water, drainage, access, transportation, or other public
services or would necessitate an excessive expenditure of public funds for the supply of
such services.
Criterion is met. The proposed regulation establish a process by which individual
developments can be reviewed. The expectation continues that all necessary infrastructure
will be provided and environment features protected to avoid hazards to public safety.
See also Zoning Criteria A, D, and F and Subdivision Criteria 54-6, 14, and 15. The criterion
is met.
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 - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not
To Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
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issues are discussed and the conclusion is that construction within the City is a better
outcome.
Affordable housing is a long standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
needs for housing and the challenges in providing housing at costs affordable to residents.
The state legislature has limited the tools the City has to support affordable housing
construction. The City is required to use incentives to encourage construction rather than
mandating. The proposed ordinance places an increased emphasis on affordable housing as a
public benefit in exchange for the flexibility allowed through a PUD.
The City has several ongoing efforts to support creation of housing overall including:
o supporting and completing infrastructure construction,
o primarily of-right development review except where required by state law,
o use of tax increment financing in support of housing,
o general fund support for affordable housing projects, and
o many others.
The City consistently reviews and updates it regulations to keep them relevant and effective.
Over the past 20 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
• reduced standards such as land area per home by up to 60%,
• reduced setbacks from property lines by as much as 58%,
• removed requirements for minimum home sizes,
• increased maximum allowed heights,
• authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
• simplified landscaping standards and encouraged lower water use plantings,
• approved dozens of zone map amendments to allow more intensive uses, and
• simplified review processes.
Despite this work the cost of housing has continued to escalate, especially compared to
wages.
The recent pandemic amplified existing trends and housing prices have greatly increased. An
article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale
prices in the Bozeman area from first quarter 2020 to first quarter 2022 increasing by
$389,000. This is an increase of 76% in two years.
The gap between cost of construction and wages is not limited to Bozeman city limits. The
One Valley Foundation prepared a housing study in 2021 looking at the entire county and
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affordable housing issues. Across all housing types and locations they found consistent gaps
in available wages and cost of construction. The following image is from that report.
The City cannot change any regulation that offsets such large increases in home prices and
capital gaps between wages and cost of construction. The City can, and is, examining what it
does control to identify such incremental improvements as may help. To do so, the City
retained Clarion and sub consultants to review the City’s land use regulations. Clarion
provided a report with recommendations of possible changes. The City Commission
considered that report on March 1st and directed staff to begin drafting amendments to
regulations. The first of these amendments was the Housing Departures for Housing Creation
text amendment, Ordinance 2111. Ordinance 2111 was provisionally adopted by the City
Commission on June 7, 2022 and is scheduled for final adoption on June 28, 2022.
Amendments to replace the planned unit development process is the 2nd element and the
subject of this report. A replacement of affordable housing requirements and process will be
reviewed this summer. A larger and more comprehensive code review is beginning and is
expected to conclude by the end of 2023.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 6/12/2022, 6/19/2022, 7/03/2022, and
7/10/2022 and contained all required elements. The notice and text was also provided
through the City’s Community Development web viewer and news feature on the City’s
website. Notice was provided at least 15 days before the public hearing before the
Community Development Board in their capacity as the Zoning Commission, and not more
than 45 days prior to the City Commission public hearing. The City exceeded the required
notice provision. Hearing dates are on the first page of this report.
No written public comment has been received so far on this Ordinance. Comments are
available through the Laserfiche archive. If comments are received they will be placed in the
project folder in Laserfiche.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
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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 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.
Ordinance 2104
Public information sheet
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Ord 2104
Page 1 of 52
ORDINANCE 2104 (Planned Development Zone DRAFT)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT
DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN
DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS
AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100
BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120
PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND
38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND
38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS,
AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION
VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND
38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND
38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B
PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL
ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC,
REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN
COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND
38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D
SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS,
AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW
PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE
NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND
38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B
SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050
D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P
DEFINITIONS, AND ESTABLISH AN EFFECTIVE DATE, APPLICATION 22133.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
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WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on DATE to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that those elements of
application No. 22133 related to Planned Unit Developments, be approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on DATE, to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501 and found that the proposed amendments 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 has adopted land development and use standards to protect public health, safety
and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-
304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
4. The City accepted as a basis for housing implementation actions an amended
Community Housing Action Plan by Resolution 5143.
5. The City undertook a public process to review and consider possible revisions to the
City zoning regulations with the intent to remove potential barriers and to encourage creation of
additional housing and especially housing which accomplishes community aspirations identified
in the growth policy and the Community Housing Action Plan.
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6. The City Commission conducted a work session on March 1, 2022 to receive public
comment, consider alternative options, and provide direction to Staff.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations
for zoning review, including accordance to the Bozeman Community Plan 2020, and required
criteria for zoning regulations has found that the required criteria of Montana Code Annotated §§
76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide comment.
9. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board acting in their capacity as the municipal
Zoning Commission, all submitted public comment, and all other relevant information.
10. 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 this ordinance have
been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12. The City Commission determines that the new approach for planned unit developments
provides a superior outcome compared to the existing planned unit development regulations.
13. The City Commission determines that the proposed ordinance conforms to all Montana
laws.
14. The City Commission determines that establishing planned unit developments as
independent zoning districts provides flexibility for individual projects without jeopardizing
predictability and uniformity to other zoning districts.
15. The City Commission determines that the public benefits required with a planned unit
development as revised in the amendments provide a superior outcome for the public health,
safety, and welfare compared to the prior alternatives for a planned unit development to
demonstrate public benefit.
16. The City Commission determines that the flexibility offered with the planned
development zone is proportionate to the public benefits required.
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Section 2
That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as
follows:
Sec. 2.05.3000. Established—Powers and duties.
A. The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations
regarding such proposals to the review authority, subject to the provisions of chapter 38.
B. The DRB shall act as an advisory body to the review authority for:
1. Development applications meeting one or more of the thresholds of section 38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
C. The DRB may develop, and after adoption by the city commission, apply specific guidelines adopted by the city commission related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas;
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.;
E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing
structures, movement of structures into or out of the neighborhood conservation overlay
district, or demolition of structures by any means or process in accordance with 38.340.A.
F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action
or development utilizing these abatement or incentive programs in accordance with section
38.340.020.
Section 3
That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set
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forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu
for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
e.f. Appeals from administrative interpretations and final project review decisions;
f g. Approval of preliminary park master plans when associated with a development for which the city commission is the review authority;
g h. Large scale retail per section 38.360.160;
h i. More than two deviations or where deviation is for more than 20 percent of standard.
i. Conditional use permits when no board of adjustment is established;
j. More than two deviations or where deviation is for more than 20 percent of standard.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
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a. Those applications specifically reserved to another approval authority as stated in this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community
development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of
this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies
when as needed approve, approve with conditions or deny the following site elements and processes:
1. The placement of private utility easements within public rights-of-way owned or controlled by the city;
2. Specifications and modifications therefrom for paving of streets and parking areas;
3. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
4. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5);
51. Site access and storm water for reuse and further development per section 38.230.160.B;
6. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1;
7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
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6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except subparagraph 38.400.010.A.1, Relation to undeveloped areas;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the
public per 38.400.060, Street improvement standards paragraphs A and B.1—3;
9. Alternate curb return radii per subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H;
11. Street improvement standards and modifications therefrom per section 38.400.060;
1012. Departures for street vision triangles per section 38.400.100;
11. Exceptions to storm water controls per section 38.410.080;
12. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per paragraphs 38.540.020.D, F and J;
14. Protection of landscape areas per paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
18. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and
22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
E. The director of utilities public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes:
1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C; and
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2. Location of storm water facilities within neighborhood centers per section 38.410.020;
31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
62. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of transportation and engineering must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes:
1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C.
2. All modifications or proposed standards in section 38.400.010;
3. Departure for street cross section in section 38.400.020.
4. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4;
5. Street improvement standards and modifications therefrom per section 38.400.060;
6. Acceptable alternative sidewalk design or materials per section 38.400.080;
7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H;
8. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply; and
9. Designation of street classifications for collectors and arterials not shown in the long range transportation plan;
G F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes:
1. Determine the classification of recreation pathways per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the director of community development.
4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when:
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a. The initial dedication of land per section 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the minimum land dedication; and
c. A park master plan has been approved for the park servicing the land to be
developed.
H G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity.
Recommendations do not constitute votes of approval or denial.
I H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives 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 development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of
approval mitigation exceeding the minimums of this chapter.
I Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter.
Section 4
That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no
land use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building
permit, provided such activity does not include excavation for foundations or the
removal of mature, healthy vegetation. Minor site surface preparation means disturbing
less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of
less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of
foundations or setting of forms can commence until final site or sketch plan approval
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has been granted and until building permits have been issued. Proceeding prior to
building permit issuance is at the hazard of the landowner.
a. Exception:When construction and funding of public streets are occurring under the
provisions of division 38.430 of this chapter, Planned unit development (PUD),
tThe issuance of building permits may be allowed prior to completion of
infrastructure improvements, pursuant to the provisions established in division
38.270. of this chapter.
2. Building permit. Within the limits of the city, building permits must be obtained as
provided by section 10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional use
permit or planned unit development (hereinafter referred to as "plan"), and after any
appeals have been resolved, a building permit for the site may be requested and may be
granted, provided such building permit is granted within one year of plan approval. Prior
to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230
and 38.430.
Section 5
That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal
Code be deleted in its entirety and replaced as follows:
38.220.120 Planned development zone general plan and final plan submittal requirements
The following information must be presented in a PDZ general development plan for the entire property in an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not necessary in light of the size, location, availability of existing services, or information already available to the city related to the proposed development:
A. An application form and required application fee.
B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the project boundary, and (2) the proposed final conditions for each of the following at a concept level of detail. Final plans, studies, and engineering detail will be required with applications for Final Development Plans.
1. Site boundaries (with dimensions and legal description);
2. Site topography (including existing features to be retained);
3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain boundaries;
3. General land uses, including maximum number and unit type of dwelling units and
maximum gross floor area of non-residential land uses for each portion of the property;
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4. General lot and street network and access points to arterial and collector streets and current transit facilities and routes;
5. General locations of trails, bicycle paths, and pedestrian ways;
6. General location of parks and open space network;
7. General landscaping plan for public areas, property boundaries, and proposed street
frontages;
8. General Storm drainage retention/detention areas, and stormwater design plan; and
9. General locations of major water and sewer line locations and utility easements.
10. General phasing sequence and boundaries.
C. A map identifying a reference base district for each portion of the PDZ property, and a
narrative explanation of any standards in each respective reference base district requested by the applicant that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-standard uses proposed to be included;
D. Acknowledgement that any reference base district standards or other standard not explicitly
modified by the PDZ is subject to change if the reference base district is amended.
E. If phasing of development is proposed, a separate phasing plan with phases clearly identified;
F. An explanation of the proposed land use and development density or intensity for each portion of the site and a calculation of each proposed land use as a percent of total site area;
and.
G. Any additional information needed to confirm that the application meets the eligibility requirements in 38.430.050.A through E for the type of PDZ being requested, as determined by the review authority.
F. The general or final plan must include revised documents necessary to demonstrate how the
general and final plan addresses previous review comments and conditions of approval of
the general plan and a written narrative stating how each of the conditions of approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
G. The final plan must clearly identify the standards established through the PDZ that differ
from the reference base district. The final plan must acknowledge in writing that any
reference base district standard not explicitly established through the PDZ is subject to
amendment and revision as the reference base district is amended. If the base district is later
removed from the municipal code the city will apply the district which by the city’s
determination is the most similar district.
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Section 6
That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the
Bozeman Municipal Code be amended as follows with all other elements of the section
remaining as presently written:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
Zone Map Amendment - rezoning, or with
annexation, or as planned development zone
200 Newspaper, post on-
site, mail 1st class
Zone Map Amendment - Resulting from
ordinance changes
None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-
site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-
site
Deviation 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further
development
None None
Sketch plans for adding dwellings in the
neighborhood conservation overlay district,
demolition of historic structures as defined in
article 7 of this chapter, or modification of
wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Preliminary Planned Unit Development 200 Newspaper, post on-
site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-
site, mail 1st class
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Floodplain permit 200 Newspaper, mail 1st
class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA
including subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-
site, certified mail to
adjacent owners, mail
1st class all others
Notice of violation per 38.200.160 None Certified mail to
landowner
Section 7
That 38.230.030, Special development proposals—Additional application requirements, review
procedures and review criteria, of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.030. Special development proposals—Additional application requirements,
review procedures and review criteria.
A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include:
1. The required information for plans described in section 38.220.080;
2. Any additional application information required for specific reviews as listed in the following divisions of this chapter:
a. Division 38.430, Planned Unit Development;
b a. Division 38.360, Standards for Specific Uses;
c b. Division 38.370, Telecommunications;
d c. Division 38.600, Bozeman Floodplain Regulations; and
e d. Division 38.250, Appeals, Deviations and Variance Procedures.
B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
3. Section 38.230.120, Special use permit;
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4. Division 38.430, Planned Unit Development;
5. Division 38.360, Standards for Specific Uses;
6.5. Division 38.370, Telecommunications;
7.6. Division 38.600, Floodplain Regulations; and
8.7. Division 38.250, Appeals, Deviations and Variance Procedures.
Section 8
That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.050. Deviations.
All requests for deviations in the neighborhood conservation overlay district or through the PUD process must be heard by the review authority established in section 38.200.010. Deviations may
only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of
sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met.
Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes.
Section 9
That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended
and Paragraph G of 38.250.070 be created as follows with all other elements of the section
remaining as presently written:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
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d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary to
provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district, or through a planned unit
development subject to division 38.430.
4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
…
G. Planned development zone. Where the standards and requirements of this chapter are
proposed to be modified through a planned development zone, the applicable process is a
review of a planned development zone rather than a variance.
Section 10
That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be
amended as follows with all other elements of the section remaining as presently written:
F. Planned unit development. Where the standards and requirements of this chapter are proposed to be modified through a planned unit development, the applicable process is a deviation review of a planned unit development rather than a variance.
Section 11
That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met:
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1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development development is using the incentives of 38.380.030;
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;
3. Improvements must be complete within two years of the date of the improvements agreement;
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;
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;
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;
7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site;
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;
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;
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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;
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;
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;
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
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.
Section 12
That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
A. Residential suburban district (R-S). This district is not available for newly created
subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018.
The intent and purpose of the R-S residential suburban district is to commemorate and preserve
existing RS zoning only. These purposes are accomplished by:
1. Subdivision and site plan developments in this district are subject to the provisions of
division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy.
1 2. Allowing permitted uses in circumstances where environmental constraints limit the desirable density.
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2 3. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas.
4. This district is not available for newly created subdivisions, undeveloped land, or any
land annexed into the city on or after January 1, 2018.
Section 13
That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code
be amended as follows:
Sec. 38.300.020. Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter.
B. The purpose statements for each zone and map designation set forth in part 2 of this division
shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Low Density District
R-2 Residential Moderate Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-5 Residential Mixed-Use High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-2M Community Business District - Mixed
B-3 Downtown Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
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NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
REMU Residential Emphasis Mixed-use District
PDZ Planned Development Zone
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.
Section 14
That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning
districts, of the Bozeman Municipal Code be amended as follows with all other elements of the
section to remain as presently written:
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
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Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and yards
incidental to
construction work
A A A A A A A A
Temporary sales
and office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or more
(38.360.270)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres (38.360.270)
C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable
(38.360.230)
C — — — — — — —
Community
centers*
C C C C C C P C
Day care centers* S S S P P P P S
Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
C C C C C C C C
Short Term Rental
(Type 1)*
P P P P P P P —
Short Term Rental
(Type 2)*
— — P P P P P —
Short Term Rental
(Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
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Golf courses C C — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and centers*
— — — — C C3 P —
Recreational vehicle
parks (38.360.210)*
C — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential growth policy
designation the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of
installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a
mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 15
That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in
commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be
amended as follows with all other elements of the section to remain as presently written:
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-
use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
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2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2
M
B-
3
UMU
(38.310
.050)
REMU
(38.310
.060)
NEHM
U2
B
P
M
-1
M
-2
Public, educational, government and regional
Business, trade,
technical or
vocational school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C4 P P C3
, 4
C C4 P
C
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturing
and generation
facilities (electric
and gas)
— — — — — — — — — S —
Public and
nonprofit, quasi-
public
institutions, e.g.
universities,
elementary junior
and senior high
— — — — — — — — — — P
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schools and
hospitals
Public buildings
and publicly
owned land used
for parks,
playgrounds and
open space
P
—
P
—
P P P P P P P P P
Solid waste
transfer station
— — — — — — — — — C P
Solid waste
landfill
— — — — — — — — — — C
Truck, bus and
rail terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult business
(38.360.050)*
— — — — — — — — P P —
Amusement and
recreational
facilities
— P P — P — P — P C —
Arts and
entertainment
center*
P P P P P P
12,000s
f
— — — — —
Casinos — — — — — — — — C C —
Community
centers
(38.360.090)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)*
A A A A A A A A A A —
Other buildings
and structures
(typically
accessory to
permitted uses)
A A A A A A A A A A A
Temporary
buildings and
— — — — — — A A A A —
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yards incidental
to ongoing
construction work
Any use, except
adult businesses
and casinos,
approved as part
of a planned unit
development
subject to the
provisions of
division 38.430
C C C C C C C C5 C5 C5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse
Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is
available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Section 16
That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman
Municipal Code be amended as follows with all other elements of the section remaining as
presently written:
D. Municipal infrastructure requirements.
1. Whenever any building lots and/or building sites are created inside the city limits or
existing lots are annexed, and prior to the issuance of any building permits on such lots
or sites, municipal water distribution, municipal sanitary sewer collection, and streets
must be provided to the site. Each building site must utilize and be connected to both
the municipal water distribution and municipal sanitary sewer collection systems.
Installation of improvements is subject to division 38.270 of this chapter.
a. Alternative. When, in the city's sole determination, it is in the city's long term best
interests to allow a building lot or site to be created or developed without
immediate access to either municipal water or municipal sewer the city may, at its
sole discretion, make such allowance when all of the following have been met:
(1) The non-municipal system to service the lot or site must be designed,
reviewed and constructed to meet city standards. Systems serving more than
one lot or user must be central systems;
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(2) The non-municipal system must be designed and constructed in a manner to
allow connection to the municipal system components shown in applicable
facility plans to serve the property at such time as it becomes available;
(3) The landowner must provide waivers of right to protest creation of special
improvement districts or other financing methods to extend municipal water
and sewer services. Such extensions or connections may require construction
of system components that are not immediately adjacent to the building lot or
site;
(4) The landowner must agree to connect to municipal water and sewer services
and abandon and remove non-municipal services when so instructed by the
city. Such agreement must be binding on all successors and run with the
land;
(5) If the city takes responsibility to operate the non-municipal system it may
impose a surcharge to cover extra operational expenses. City operation of the
system is at the city's discretion;
(6) The requirement for future connection to the municipal water and/or sewer
system, waivers and agreements, and other applicable materials must be
either noted on the plat or final plan or a separate notice be recorded at the
county clerk and recorder's office so that such notice will appear on a title
report or abstract of the property;
(7) No non-municipal water or sewer systems must be constructed until all
necessary approvals from the state department of environmental quality, City
of Bozeman, county health department, and any other relevant agency have
been received; and
(8) The use of municipal water or sewer systems is considered to be the best
means to protect the public interest and welfare. The alternative for the use of
non-municipal systems is intended to be used sparingly and in extraordinary
circumstances. In order to protect the public interest, in approving a non-
municipal system the city may impose such conditions of approval as it
deems necessary.
2. These improvements must be designed, constructed and installed according to the
standards and criteria as adopted and approved by the city prior to the issuance of
any building permits.
3. When municipal water distribution and municipal sanitary sewer collection
systems are being provided to serve a development proposal occurring under the
provisions of division 38.430, planned unit development (PUD), tThe issuance of
a building permit may be allowed prior to completion of the public infrastructure,
provided the criteria, standards, and limitations of section 38.270.030 are met.
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4. Notwithstanding the provisions of subsection D.3 of this section, the city may
limit the scope, type and number of projects eligible for simultaneous construction
consideration.
Section 17
That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Height limitation exceptions.
1. Non-specific exemptions. No building, or part thereof, or structure must be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for
the district in which such building is located, except as is specified in division 38.250 of this chapter., or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal.
2. Specific exemptions.
a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided: amateur radio antennae; solar
energy collectors and equipment used for the mounting or operation of such
collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and
semi-public buildings may exceed height limitations otherwise established by this
chapter, provided that:
(1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprint; and
(2) That for each one foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear setbacks
must be increased in width or depth by an additional one foot over the side and rear setbacks required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no
linear dimension of any such structure exceed 50 percent of the corresponding
street frontage line.
d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are
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exempt from this chapter, provided that any structure above the height otherwise permitted in the district must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by division 38.370 of this
chapter.
Section 18
That 38.370.030, Uses within districts and required review procedures, of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which certain telecommunication uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and
procedures of this chapter must apply.
1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review.
B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted
within the district are indicated by a "-". All applications are subject to the review processes,
submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this chapter as may be applicable.
1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
B-2 C P/C1 A P
B-2M C P/C1 A P
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B-1 C P/C1 A P
UMU C P/C1 A P
REMU PUD S9 P/C1 A C
NEHMU P P A P
R-O PUD S9 C P C
R-5 PUD S9 C P C
R-4 PUD S9 C P C
R-3 PUD S9 C P C
R-2 PUD S9 C P -
R-1 PUD S9 C P -
R-S PUD S9 C P C
Note: 1. Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones.
3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved
under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370,
as well as with any preliminary concerns the department may have. 6. The applicant's written request for a preapplication conference must include the following information with
regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated;
d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters.
7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this
division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area.
Section 19
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That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must
comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be owned by the city and maintained by an approved non-city maintenance provider. property owners' association, or, if the criteria of this section are met, be a public street easement.
1. Public street easements. Public street easements must:
a. Be in the city’s standard form or be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided.
2. Privately maintained public streets.
a. Privately maintained streets may be required tomust have a public access
easement. if deemed necessary by the city.
b. If a privately maintained local street is proposed, the following standards must be met: project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD
review requirement if :
(1) A local private street is proposed and tThe street right of way complies would comply with the city standard of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or
(2) A local private street is proposed and tThe street right of way complies
would comply with the city standard right-of-way requirement of 60 feet.
The back-of-curb to back-of-curb width may vary from city standards,
provided that: the review authority approves a departure for the back-of-
curb to back-of-curb width when:
(a) An alternate street cross section is provided which provides the functional equivalent for pedestrian and vehicle travel, snow and stormwater management, and parking of motor and other vehicles.
(b) A report certified by a professional engineer addressing site conditions including zoning and expected intensity of development over time, ability to accommodate unexpected intensity of development, connectivity to other streets, expected traffic volumes, site distances,
spacing of accesses, turning movements, and proposed alternative
means of addressing standards including but not limited to stormwater.
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(c) Based upon the above data, the review authority will determine whether a modification from the required standards is justified. The alternative design must protect the public's health, safety and welfare, the intent of this chapter, and the intent of the city's growth policy.
(d a) A permanent funding source, such as the levying of assessments against
all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and
(e b) The developer signs a waiver of right to protest the creation of SIDs, or
other perpetual legal instrument, acknowledging that the city will not
assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal
instrument, at the time of final plat recordation, or prior to issuance of
building permits if no final plat recordation is required.
(f) 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 approval of an alternative street cross section under this section.
c. Privately maintained collector or arterial streets are not allowed.
c d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section
38.270.090.
Section 20
That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its
entirety and replaced with a new section as follows with some elements of the former 38.430
amended and moved to a new division 38.440:
Division 38.430 Planned Development Zone Districts
38.430.010 Purpose
The purpose of the planned development zone (PDZ) district is to provide a general structure and
plan for specific properties to encourage flexibility and innovation that:
A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and
B. Support implementation of community plans and goals, including but not limited to the city’s adopted growth policy; and
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C. Provide community benefits through the creation of affordable housing, inclusion of environmentally sustainable design features, and retention of historic structures; and
D. Protect and promote the health, safety, and general welfare of the community.
38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to [Effective Date]
A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications received by the city prior to [Effective Date] that have completed the adequacy review process prior to [Effective Date] must after [Effective Date] be referred to as Legacy Planned Unit Developments.
B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended
pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD regulations in effect prior to [Effective Date] are renamed legacy planned unit developments and are in division 38.440.
38.430.030 PDZs Approved After [Effective Date]
A. PDZ applications approved by the city after [Effective Date], and submitted PUD
applications that have not completed the adequacy review process prior to [Effective Date] shall be subject to the regulations in this division.
B. A PDZ application must identify a standard base zoning district, from those listed in division 38.300 (the “reference base district”) for each portion of the PDZ area. Different
reference base districts may be designated for different portions of the property. The project
must be designed in conformance with the standards in this chapter applicable in the reference base district unless an alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference district the boundaries of the different areas should generally follow the boundary guidance of 38.300.050.A.
C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020.
38.430.040 Eligibility for Rezoning to PDZ District
A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general criteria along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director:
1. All property included in the proposed PDZ must be under common ownership or
control or must be the subject of an application filed jointly by the property owners of all the property to be included.
2. The proposed PDZ could not be developed as proposed in the general plan using a combination of the base zone districts listed in 38.300 and the existing standards of this chapter.
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B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria.
C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by
the city. Approval by the city requires a city commission finding that the criteria for
approval in section 38.430.090 are met.
38.430.050 Specific PDZ Eligibility Requirements
The proposed PDZ district must, as determined by the review authority, comply with the eligibility criteria of at least one of the following five types of PDZ.
A. Affordable Housing PDZ
1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units and must propose:
a. That all parcels on which single-household detached dwelling units will be constructed are permitted to construct an accessory dwelling unit either within the
primary building or in a freestanding accessory building in compliance with the
provisions of 38.360.040; and
b. The following amounts and levels of affordable housing:
(1) Between [Effective Date] and that date on which the city commission adopts an ordinance or resolution establishing a different required amount of
affordable housing or a different required level of income-restriction or both,
the PDZ must propose to provide:
Table 38.430.050: Affordable Homes Required
Minimum Percentage of Homes
Maximum Percentage of AMI Duration
Rental Dwellings
For-Sale Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Single-Household Attached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Multi-Household Dwelling
=>10% 80% of AMI 120% or AMI =>30 years
(2) After the date on which the city commission adopts an ordinance or
resolution establishing a different required amount of affordable housing or a different required level of income-restriction, the PDZ must provide:
(a) The amounts of housing and the levels of income-restriction required by those ordinances or restrictions, for a period of at least 30 years; or
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(b) At least an equivalent level of affordable housing benefit to the city, to be determined during the PDZ review and approval process, for a period of at least 30 years.
2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or
waiver of any non-procedural provision in this chapter if that adjustment or waiver will
contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation.
B. Historic Structure/Site PDZ
1. Eligibility. A historic structure/site PDZ application must propose:
a. Inclusion of an existing structure or site that is currently designated or is documented as eligible for designation on a city or state list of historic structures; or on the National Register of Historic Places within a contiguous area included in the PDZ application, and must either:
(1) In the case of an existing designated historic structure or site, the PDZ application
must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years; or
(2) In the case of an undesignated historic structure or site, the PDZ application must
include a written commitment to complete the designation of the structure or site
as historic prior to development of any portion of the PDZ, and to preserve the designated structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years.
b. The PDZ application may include additional lands contiguous with the lot or
parcel containing the historic structure.
2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may include a request to: (1) calculate any unused development potential from the lot or parcel containing the historic structure or site under the property’s current zoning, and (2) apply any unused development potential on other
portions of the same lot or parcel, or on contiguous lands included in the PDZ application, and to request adjustment or waiver of any non-procedural provision in this chapter if the adjustments or waivers will contribute to achieving the preservation the historic structure. The city may not adjust or waive any provision imposed by state or federal law or regulation.
C. Sustainable/Resilient Design PDZ
1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or building design features demonstrated to achieve two or more of the following reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district:
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a. A reduction in water consumption of at least 25 percent; or
b. A reduction in non-renewable energy use of at least 25 percent; or
c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or
d. A combination of reductions in water consumption, non-renewable energy use, or
average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city.
2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver of any non-procedural city development standard in
this chapter if that adjustment or waiver will contribute to reductions in water
consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards. The city may not adjust or waive any provision imposed by state or federal law or regulation.
D. Large Development PDZ
1. Eligibility. A Large development PDZ review must propose all of the following:
a. The PDZ must contain at least 10 acres of contiguous land that is proposed for annexation and development pursuant to a master plan approved by the city or proposed for approval by the city along with the PDZ application;
b. If the application includes dwelling units then the affordable housing requirements
of Section 38.430.050.A.1.b apply; and
c. The PDZ must include public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to
requested development standards.
2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the
reference base district and can be shown to implement other adopted community plan goals and objectives than would otherwise be possible under the minimum standards of the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation.
E. Combined Benefits PDZ
1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable housing benefits identified in 38.430.050.A and benefits identified in Sections 38.430.040.B, C, or D or any combination thereof, the application must:
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a. Provide at least one-half of the amounts of affordable housing, at the levels of income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and
b. Provide benefits listed as necessary to meet 38.430.090 in any one or a
combination of:
(1) 38.430.050.B.1 for consideration of a historic structure/site PDZ;
(2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or
(3) 38.430.050.D.1.a and c above for consideration of a Large Development PDZ.
2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits
PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the types of flexibility listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation.
F. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ
unless specified otherwise in the approval.
38.430.060 Permitted uses in a planned development zone
A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s adopted growth policy.
B. A PDZ application may include any land use listed in division 38.310 and must identify
proposed uses by the same names used in that Section.
C. Proposed uses must comply with all applicable use-specific standards for the use(s), as described in division 38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ application review process.
D. A PDZ must address allowance for telecommunications and utilities as part of proposed land uses. The proposed allowance may not have the effect of restricting service availability of telecommunications or utilities.
38.430.070 Phased Development
A. PDZ applications may propose development to occur in phases. If phased development is
proposed, the application must include a projected timetable for phased development and a general development plan that includes all of the land to be included in all phases of development.
B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to
the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, or site features.
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C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C.
D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or site features makes it necessary to construct them in a sequence other than in rough
proportion to approvals for construction of residential or non-residential structures, the city
may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function.
38.430.080 General Review Procedures for PDZ Applications
A. Applicability. A request to develop land in any of the five types of PDZ zoning districts
must be submitted and reviewed as a combined zoning map and text amendment under
division 38.260.
B. Procedure
1. General.
a. A PDZ zoning application requires review and approval of a general development
plan as described in this section concurrent with review of an application for a
zoning map amendment, as described in division 38.260.
b. A PDZ does not give authority for construction but a final development plan must be approved by the review authority prior to issuance of building permits or initiation of construction. Subdivision, site plan, or other review processes may
also be required prior to initiation of construction.
c. An application for a final development plan may be filed prior to final action on an application for a PDZ zone map amendment and a related general development plan provided that:
(1) No action by the review to approve, approve with conditions, or deny the
final development plan is effective until the zone map amendment and related general development plan is approved or approved with conditions.
(2) The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the application for a general
development plan.
d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file an application for preliminary plat concurrently with the application for a general development plan. Applicant may be required to waive required subdivision review periods for subdivision review to enable coordination of review. The
review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the preliminary plat application.
e. The city will coordinate processing of the PDZ and subdivision applications to allow for consolidated consideration of both applications together if feasible.
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Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased development requirements in 38.430.070 is also required, if applicable.
Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary
Table abbreviations
R = Review, D = Decision-making authority, N/A = Requirement does not apply
Director Community Development Board [1]
City Commission
PDZ Zoning
Zoning Map Amendment and general development plan for all
PDZ Property
R R D
Final development plan D
Subdivision (if Required for PDZ)
Preliminary Subdivision Plat [2] R R D
Final Subdivision Plat [2] R D
Notes [1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its capacity as a Zoning Commission or Planning Board, as necessary.
[2] An applicant may request that the city concurrently process applications for a general
development plan and Preliminary Subdivision Plat. An applicant may request that the city concurrently process applications for a final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604(9) MCA.
C. PDZ Zoning and General Development Plan Review
1. Applicant may submit the PDZ zoning and general development plan review application upon completion of concept or informal,
2. The PDZ application must include, at a minimum the materials required in 38.220.120:
3. If the project requires approval of a subdivision plat, the applicant may submit an
application for a preliminary plat at the same time as a PDZ zoning application, and the two may be consolidated for joint consideration by the city commission. Section 76-3-604(9) MCA restricts applicability of changing zoning standards and may limit the ability of the city to consolidate review.
D. Concept/Informal Review. A concept review or informal application is required for all
PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision, the city may review subdivision pre-application and concept review or informal application for PDZ zoning concurrently. If an application for PDZ zoning and general development plan are not filed with the city within one year after the concept review or informal review,
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the review authority may require another concept review or informal review meeting before the application is filed.
E. Noticing and Public Hearings
1. After the community development department determines the PDZ zoning and general
development plan applications contain all necessary information, the department will
set review dates before the community development board and before the city commission.
2. If the application also includes a complete application for a preliminary plat, the department will set a date for review of the plat in accordance with 38.240.
3. Notice shall be provided in accordance with division 38.220.
F. Review and Action
1. The community development department may refer a complete PDZ zoning application and associated general development plan application to other city or governmental departments, agencies, or districts whose jurisdiction involves some or
all of the land included in the application, for their comments or recommendations.
2. After conducting its public meeting, the community development board must recommend to the city commission approval or denial of the PDZ zoning application; and recommend approval, approval with conditions, or denial of the associated general development plan application. If the applicant submitted an application for a
preliminary plat, the community development board must recommend approval,
approval with conditions, or denial of the preliminary plat.
3. After conducting its public hearing, the city commission may approve or deny the PDZ zoning application; and may approve, approve with conditions, or deny the associated general development plan application. The city commission may not approve a PDZ
zoning application before a general development plan for all of the property included in the PDZ zoning application is approved or approved with conditions.
4. If the applicant submitted an application for a preliminary plat, the city commission may concurrently consider the PDZ zoning and subdivision applications and approve, approve with conditions, or deny the preliminary plat concurrently pursuant to
38.240.150, if permitted by state law.
5. The review authority must indicate approval or denial of the final development plan pursuant to this section based on the PDZ zoning application and staff report, but the review authority’s decision shall not become final unless and until the city commission approves the PDZ zoning and approves the general development plan in a form that is
consistent with the final development plan.
G. Final Development Plan Review and Approval
1. After approval of a PDZ zoning application and approval or conditional approval of a general development plan, the review authority must approve a final development plan before applicant may initiate construction, or initiate any use based on the PDZ
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approval. A final development plan must be approved prior to approval of any site plan, final plat, building permit, or other final development review decision.
2. Each final development plan must be consistent with the terms of the approved PDZ zoning and general development plan and may not include adjustments or waivers to
any reference base district standard inconsistent with the PDZ zoning or general
development plan.
3. The review authority may approve one final development plan for the entire PDZ property or may approve multiple final development plans for different portions of the property if the city has approved phased development pursuant to 38.430.070. The city
may not issue any building permit, and no individual or entity may initiate any
infrastructure or other construction; or any use on any portion of the property for which the review authority has not approved a final development plan.
4. If the city commission has approved both a PDZ zoning application and a related application for a preliminary plat, the final plat must be filed with the Gallatin County
Clerk and Recorder before the city may issue any building permit or before applicant
may initiate any building construction or use based on the PDZ approval.
5. A final PDZ zoning approval is not an approval to begin building construction. It provides the general plan and pattern for the applicant to submit associated subdivision plats and site plans for approval.
38.430.090 Criteria for Approval
The community development board may recommend approval of an application for PDZ zoning, and the city commission may approve an application for PDZ zoning, if it determines the PDZ application complies with the criteria in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ
applications. The applicant has the burden of proof that the proposed PDZ and general development plan meet the criteria for approval.
A. Criteria Applicable to All PDZ Applications
1. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, 76-2-304;
2. Complies with general eligibility criteria in 38.430.040;
3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable;
4. Is in accordance with the growth policy currently in effect, including the future land use map; and
5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the reference base district for each portion of the PDZ; and
6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070.
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B. Criteria Applicable to Specific Types of PDZ Applications
1. Affordable Housing PDZ. The applicant has submitted a general development plan or other documentation acceptable to the city ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide
an equivalent affordable housing benefit for a period of at least 30 years, the city may
consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors.
2. Historic Structure/Site PDZ
a. The general development plan or other documentation acceptable to the review authority includes an adaptive reuse plan for the listed historic structure(s) included in the PDZ; and
b. The general development plan or other documentation acceptable to the review
authority ensures that the design of any new structures to be constructed on
portions of the PDZ property that do not contain the historic structure will meet the criteria of the latest edition of the Secretary of the Interior standards for Related New Construction.
3. Sustainable/Resilient Design PDZ. The general development plan or other
documentation acceptable to the review authority ensures that the level of combined
water consumption, non-renewable energy consumption, average daily motor vehicle trip generation, or a combination thereof from all structures and uses included in the PDZ shall be at least 25 percent lower than levels commonly experienced by development meeting current established standards in each of the reference base
districts listed in the PDZ.
4. Large Development PDZ
a. The applicant has submitted a general development plan or other documentation acceptable to the review authority ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an
equivalent affordable housing benefit for a period of at least 30 years, the review authority may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and
b. The general development plan or other documentation acceptable to the review authority ensures the PDZ will include physical investments in public infrastructure, or in structures or facilities open to the public or to residents or users of the PDZ that significantly exceed those that would otherwise be required under the code for property located in the reference base district listed in the PDZ.
5. Combined Benefit PDZs
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a. The applicant has submitted a development agreement or other documentation acceptable to the review authority ensuring the development provides at least one-half of the amounts of affordable housing required by this division. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at
least 30 years, the city may consider the size, type, or location of the dwelling
units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and
b. The benefits to the city through the proposed combination of historic preservation,
sustainable/resilient development, and large development exceed the affordable
housing benefits that the city would have received if the PDZ had included the full amounts of affordable housing required by this division.
38.430.100 Duration of PDZ Approval
A. Zoning Map Amendment.
1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the
PDZ district is required. Final adoption of the implementing ordinance does not occur until after a final development plan meeting all conditions of approval has been reviewed and is ready for approval.
2. An approved PDZ zoning does not expire after final adoption of the implementing
ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division
38.260 if:
a. The city has not received an application for a building permit before the expiration of an approved final development plan pursuant to this section; or
b. The applicant does not proceed with development pursuant to one or more
approved final development plans according to provisions for phased development approved by the city.
B. General Development Plan Duration
1. An approved general development plan is valid for a period of one year unless the approved general development plan provides for a longer time or for phased
development, or the city commission approves an extension of such time. A final development plan for at least part of the PDZ property must be approved not later than within one year after the approval of a general development plan. The applicant may submit a written request for one extension of up to one additional year to submit the final development plan, and the director may approve such requests for good cause
shown.
2. If a general development plan expires, the right to proceed with the development pursuant to the approved general development plan is terminated, and the provisions of the reference base district(s) applicable to each portion of the land included in the general development plan shall apply, unless and until the city commission approves a
new general development plan pursuant to this section.
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C. Final Development Plan Duration
1. A final development plan is valid for a period of at least one year one year and not more than 3 years unless the city approves a building permit and applicant begins construction of at least one primary structure within one year of the approval of a final
development plan. This may require completion of work and recording of a final plat
prior to issuance of a building permit.
2. The applicant may submit to the director a written request for extension of time of up to 2 years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F.
3. If a final development plan expires, the applicant must apply for and obtain approval of
a new final development plan pursuant to this section.
38.430.110 Amendments to Approved Planned Development Zones and General Development Plans
A. Amendments to Approved General Development Plan. After approval of a general
development plan, the applicant may request and the director may approve, minor
amendments to the general development plan, as described below.
1. Minor Amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not
contain any changes that would increase the amount of deviation/relaxation of the
requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to:
a. A change in the location of any internal street that does not affect points of access
to or from the PDZ property;
b. A change in the location of any internal park, open space, or storm drainage detention/retention facility that is not located along the periphery of the PDZ property; and
c. A change of location or orientation of any primary building on a lot or parcel;
d. An increase of less than five percent in the amount of permitted residential or non-residential lot coverage;
e. A change of less than five percent in the minimum or maximum number of parking spaces required or permitted;
f. A change of less than five percent in the maximum permitted height of any
building; and
g. A change in any numerical building design standard by up to five percent.
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h. An increase or decrease of less than five percent in the number of dwelling units in an approved PDZ, provided that the revised number of dwelling units still include the amounts and levels of affordable housing required by this division.
i. Revisions to phasing sequence or boundaries that do not conflict with conditions
of approval or conflict with standards.
2. Major Amendments
a. A major amendment is any change to an approved general development plan not listed as a minor amendment in this section.
b. A major amendment to an approved general development plan requires approval
through the same process used to approve the original PDZ zoning and general
development plan.
c. Any major amendment that proposes to increase the number of dwelling units in an approved PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate amounts of affordable housing required by this division.
B. Amendments to Approved Final Development Plan
1. After approval of a final development plan, the applicant may request, and the review authority may approve, amendments to the final development plan if the review authority determines the proposed amendments are consistent with the approved general development plan and the provisions of this chapter. Amendments are subject
to the minor and major amendment limits in paragraph A of this section.
2. The review authority may authorize the applicant to submit only those portions of final development plan application materials necessary to document the proposed change, rather than submitting a new final development plan application.
3. If the review authority determines the revised final development plan requires a minor
amendment to a general development plan, the review authority may approve both at the same time.
38.430.120 Removal of Property from a Planned Development Zone
A. A property owner may apply for a zoning map amendment to remove a parcel from an approved PDZ and any related general development plan or final development plan.
B. The application for a zoning map amendment must indicate the zoning district to be applied to the removed properties, which may be different from the reference base district identified for such property in the approved PDZ.
C. The city shall consider any such application pursuant to division 38.260 and may require the applicant provide assurances that any unfulfilled obligations related to construction or
maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PDZ, general development plan, or final development plan will be satisfied without imposing additional costs or burdens on properties that are to
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remain included in the PDZ or on any organization or entity responsible for providing or maintaining improvements or services to the remaining PDZ properties.
38.430.130 Administrative Procedures Authorized
The city manager may adopt, and from time to time amend, administrative procedures to
implement this section. The administrative procedures may at a minimum include the following
items:
A. Standards to evaluate equivalent levels of housing affordability;
B. Standards related to required levels of maintenance of historic structure;
C. Standards to measure reductions in water consumption, reductions in non-renewable energy
use, and reductions in average daily motor vehicle trip generation;
D Standards to measure or evaluate equivalence of benefits to the city; and
E. Procedures for application requirements, processing, and review of a PDZ.
Section 21
That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as
follows:
DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS
Sec. 38.440.010. Intent.
A. This division is created to provide for the continued regulation of legacy planned unit
development (PUD) approved or deemed adequate prior to [effective date]. Prior to
[effective date] a PUD was a use approved within an existing zoning district and did not
modify the zoning map. This division cannot be applied to property not already within a
legacy PUD.
38.440.020. Final plan review and approval.
A. The final PUD plan must be in compliance with the approved preliminary plan and/or
development guidelines except as provided for in subsection A.2 of this section, and must
be reviewed by DRC and ADR staff and approved by the review authority.
1. Application process. Upon approval or conditional approval of a preliminary plan and
the completion of any conditions imposed in connection with that approval, an
application for final plan approval may be submitted.
2. Review criteria; compliance with preliminary plan. For approval to be granted, the
final plan must comply with the approved preliminary plan. This means that all
conditions imposed by the city commission as part of its approval of the preliminary
plan have been met and:
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(a) The final plan does not change the general use or character of the development;
(b) The final plan does not increase the amount of improved gross leasable non-
residential floor space by more than five percent, does not increase the number of
residential dwelling units by more than five percent and does not exceed the
amount of any density bonus approved with the preliminary plan;
(c) The final plan does not decrease the open space and/or affordable housing
provided;
(d) The final plan does not contain changes that do not conform to the requirements
of this chapter, excluding properly granted deviations, the applicable objectives
and criteria of section 38.430.100, or other objectives or criteria of this chapter.
The final plan must not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and
(e) The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
B. Final plan approval. The final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the review
authority may request a recommendation from the DRB, DRC, ADR staff, or other entity
regarding any part of a proposed final plan. If a final plat is part of the final plan submittal,
the review authority per section 38.200.010 is responsible for approval of the final plat.
1. Final plats associated with a PUD must comply with the requirements of sections
38.240.150 and 38.220.070.
38.440.030 Amendments to final plan.
A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following:
1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity.
2. Minor changes are defined as follows:
(a) Those developments that do not change the character of the development;
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(b) An increase of less than five percent in the approved number of residential dwelling units;
(c) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;
(d) A change in building location or placement less than 20 percent of the building
width without compromising requirements of the UDO;
(e) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats;
(f) A final plan which does not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and/or
(g) A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal.
B. Changes greater than minor changes must be processed as a PDZ subject to 38.430.
Sec. 38.440.040. Duration of planned unit development approval.
A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan, the
applicant must file with the community development department a final plan in
detailed form covering the entirety, or one or more phases, of the development.
2. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this
section may, at the discretion of the community development director, be referred to
the city commission.
3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed.
B. Duration of final plan approval.
1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed
and completed in accordance with city rules and regulations. Extensions for periods of
not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The
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granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission.
2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to
the date of expiration. Failure to submit a written request within the specified time
period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same through the
preliminary plan procedures.
3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs
described in section 38.430.070.
Sec. 38.440.050. Enforcement of approval requirements and conditions.
The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section
38.200.160.
38.440.060 Removal of property from an approved legacy planned unit development
A. A property owner may request removal of one or more parcels from a legacy PUD.
B. Such a request for removal must be in writing to the director of community development,
must clearly identify the PUD by the city's assigned application number under which the
PUD was approved, and must clearly state that the landowner is abandoning all associated
rights and privileges due to the PUD. The property owner is not relieved from participating
in ongoing maintenance of any facilities from which they benefit. The director of
community development may establish standards for the content, form, and supporting
materials to be included in a request to abandon an approval.
C. The city will review any such application pursuant to division 38.230.150 and may require
the applicant to provide assurances that any unfulfilled obligations related to construction or
maintenance of infrastructure or amenities, provision of open spaces, preservation of access,
or other matters addressed in the PUD, will be satisfied without imposing additional costs or
burdens on properties that are to remain included in the PUD or on any organization or
entity responsible for providing or maintaining improvements or services to the properties
remaining in the PUD.
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D. City must determine the abandonment of the PUD does not negatively impact public benefit
created by the PUD.
E. Removal from a PUD does not rescind other final approvals such as subdivisions or site
plans.
Section 22
That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman
Municipal Code be amended as follows with all other elements of the section to remain as
presently written:
M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non-
site-specific open space plans must meet or exceed the standards of these landscaping
regulations. For each 5,000 square feet of total landscape open space area between 5,000
and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of
25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1
from each column A and B unless the review authority grants a relaxation. When the
preceding calculation results in a fraction the amount of landscaping required is rounded up
to the next whole number.
Table 38.550.050-1
EXPAND
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
Section 23
That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
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B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-
premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of
more than four residential lots and for residential complexes with more than four
dwellings and more than one building, one low profile, freestanding, sign per
development entrance may be permitted. No sign may exceed 16 square feet in area or
five feet in height from the finished grade. The sign must be set back at least five feet
from the property line.
2. Residential building signs. For properties used for multi-household residential, one
wall sign per street frontage may be permitted. No sign may exceed eight square feet in
area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal
residential uses and permitted home occupations; however, such signs may not be
located in any required setback area. In addition, home occupations may be
permitted a single one-square foot sign on a mailbox or lamppost or one and one-
half square feet of freestanding signage located a minimum of five feet from the
property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do
not exceed 32 square feet in total area nor five feet in height. Such signs must be
set back at least five feet from the property line.
c. Permitted non-residential type uses, such as churches, community centers,
veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special residential type uses such as homes used as bed
and breakfasts and fraternity and sorority houses may be permitted signage as if
the underlying zoning were R-O. Such signs may be illuminated only during the
hours of operation.
4. Legacy Pplanned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential may be permitted signage as
if the lot were in a B-1 zone.
Section 24
That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
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Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 50 of 52
Deviation. A modification of physical standards of this chapter as applied to a specific piece of
property located within the neighborhood conservation overlay district or anywhere within the
city through a planned unit development.
Section 25
That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new
definition as follows with all other elements of the section to remain as presently written:
General Development Plan. A scale drawing(s) or other documents showing the general
location of structures, uses, rights of way, parks, natural features, and utilities, existing and
proposed, on subject property or any other information as may be required by this chapter in
association with a zone map amendment to establish a general pattern and plan of development
for the area within a planned development zone.
Section 26
That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
Planned unit development (PUD). A land development project consisting of residential clusters,
industrial parks, shopping centers, or office building parks or any combination thereof that
compose a planned mixture of land uses built in a prearranged relationship to each other. and
having open space and community facilities in a common ownership or use, and/or public
parkland.
Section 27
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.
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Page 51 of 52
Section 28
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 29
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 30
Codification.
This Ordinance shall be codified as appropriate in Section 2 – 26.
Section 31
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.
____________________________________
CYNTHIA L. ANDRUS
Mayor
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Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 52 of 52
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
81
City considers creation of “Planned Development Zones” to replace the “Planned Unit Development” process
As a part of the City’s efforts to allow different types of housing to be proposed and built in the community, and to encourage creation of affordable housing, several changes to the municipal code are being proposed. These changes reflect the review that was done last year by consultants to identify and
address potential barriers to creating more homes in our community. You can check out the full report
from the project, what we heard from the public during community engagement, and recommendations in the Documents section on the Code Audit web page. What? The amendments being considered at upcoming Community Development Board and City
Commission meetings will replace the current Planned Unit Development (PUD) process with a new
kind of zoning district called a Planned Development Zone (PDZ).
Why? The existing Planned Unit Development process allows an applicant to propose different land development standards in exchange for public benefits. Planned unit developments are allowed in all zoning districts.
Planned Development Zones (PDZ) are a new kind of custom zoning district. PDZs may allow different
combinations of uses and design standards while still requiring public benefits. Public benefits in a PDZ may include requirements for 10% of the residential units to be affordable to rent or own at a targeted income range, protection of historic structures, sustainable design, and the coordinated development of larger areas or many structures in the same project.
PDZs are designed to more tightly focus on current community priorities for public benefits and provide
an intermediate review step where the public can see project character and layout before approval of a zoning district.
How can I weigh in? There will be two public hearings where members of the public can provide public comment in person or virtually. The first is on Monday, June 27, 2022 at 6:00 p.m., at the
Community Development Board meeting. The City Commission will host the second public hearing
on Tuesday, July 12, 2022 at 6:00 p.m. Find the agendas, meeting materials, and a link to join the meeting virtually at https://www.bozeman.net/meetings. You can also provide public comment by sending an email to agenda@bozeman.net or submitting
written comments to Chris Saunders at the City of Bozeman, Department of Community Development,
P.O. Box 1230, Bozeman, MT 59771-1230. Please reference Ordinance 2104 in all comments. For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).
- Link to full public notice - Link to the Ordinance 2104 draft (Draft may be revised during the review process)
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Discussion And Decision On Alternate Meeting Dates Policy When Standard
Dates Of Board Meetings Are Cancelled Due To Holidays
MEETING DATE:June 27, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Decide whether or not to establish an alternate meeting dates policy.
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:As seen with the recent Community Development Board meeting
cancellations due to holidays on Juneteenth and the upcoming July 4th
cancellation, there can be significant interruptions in the meeting calendar.
The Community Development Board has many responsibilities and missed
meetings can be significant delays for project review, meeting statutory
timelines, and interfere with moving important processes forward.
Rather than polling the Board members and rescheduling special meetings
each time a holiday comes up Staff suggests the Board establish a policy to
address the matter. Staff suggests that if a meeting is cancelled due to a
holiday that the Board meet the following Monday. Staff will provide
advance reminder of the calendar change as part of the upcoming meeting
FYI item. We hope that this will provide a more predictable calendar for
Board members and will make it simpler for scheduling of action items.
If there are no known items for the rescheduled meeting it can be cancelled
the same way a regularly scheduled meeting can be done.
UNRESOLVED ISSUES:Decision on Resolution 2022-1.
ALTERNATIVES:Adopt or don't adopt a policy.
FISCAL EFFECTS:None
Attachments:
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CDB resolution 6-27-2022 Meeting Dates.pdf
Report compiled on: June 21, 2022
84
Community Development Board Res. No. 2022-1 Establishing Alternative Meeting Schedule Page 1 of 1
COMMUNITY DEVELOPMENT BOARD RESOLUTION NO. 2022-1
RESOLUTION OF THE CITY OF BOZEMAN COMMUNITY DEVELOPMENT BOARD ESTABLISHING ALTERNATE MEETING DATES WHEN STANDARD MEETING DATES ARE AFFECTED BY HOLIDAYS WHEREAS, the City of Bozeman Community Development Board (Community Development Board) has been created by Resolution 5330 of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, Resolution 5330 requires that meetings of the Community Development Board be held on a regular basis; WHEREAS, the Community Development Board standard meeting schedule is on the first and third Monday of each month;
WHEREAS, holidays falling on Sundays are observed on Mondays and some holidays fall on Monday thereby requiring cancellation of Community Development Board meetings; WHEREAS, the Community Development Board is responsible for many functions which require
public meetings or hearings before the public’s business can be conducted and cancelled meetings can interfere with timely completion of duties; NOW, THEREFORE, BE IT RESOLVED, that the Community Development Board, on a vote of ___ to , establishes an alternate schedule for meetings where in the event a meeting scheduled for a
1st or 3rd Monday is cancelled due to a holiday the meeting will be automatically rescheduled to the following Monday. DATED THIS 27th DAY OF JUNE 2022, Resolution No. 2022-1
_____________________________ ____________________________ Anna Bentley, AICP Henry Happel, President Community Development Interim Director City of Bozeman Community Development Board
Dept. of Community Development
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Upcoming Items for July 11, 2022 Community Development Board meeting.
MEETING DATE:June 27, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action required.
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 following project review items are presently scheduled for the July 11,
2022 Community Development Board meeting.
1. Shady Glen planned unit development concept review - review
responsibility as Design Review Board, 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: June 21, 2022
86