HomeMy WebLinkAbout07-06-22 EVB Agenda & Packet MaterialsA.Call to Order - 6:00 PM
B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of May 4, 2022 Economic Vitality Board Meeting Minutes (DiTommaso)
E.Public Comments
This is the time to comment on any matter falling within the scope of the Economic Vitality 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 Board cannot take action on any item which
does not appear on the agenda. All persons addressing the Board shall speak in a civil and
courteous manner and members of the audience shall be respectful of others. Please state your
THE ECONOMIC VITALITY BOARD OF BOZEMAN, MONTANA
EV AGENDA
Wednesday, July 6, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
You can join this meeting:
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=e1ef04b8b2638a86cb6ee95adf686f479
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
United States Toll
+1-650-479-3208
Access code: 2555 705 6953
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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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.
F.Special Presentations
F.1 Economic Development Strategy Update Consultant Presentation (Fontenot)
G.Work Session
G.1 Belonging in Bozeman: Introduction to the Equity & Inclusion Planning Process Work
Session(Hess)
H.Action Items
H.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(Fine)
I.Adjournment
J.For more information please contact Brit Fontenot, bfontenot@bozeman.net
General information about the Economic Vitality Board is available in our Laserfiche repository.
This board generally meets the first Wednesday 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 this Board to receive all relevant public comment in time for this 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:Economic Vitality Board
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Approval of May 4, 2022 Economic Vitality Board Meeting Minutes
MEETING DATE:July 6, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the May 4, 2022 Economic Vitality Board meeting
minutes.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In accordance with Commission Resolution 5323 and the City of Bozeman's
Citizen Advisory Board Manual, all boards must have minutes taken and
approved. Prepared minutes will be provided for approval by the board at
the next regularly scheduled meeting. Staff will make any corrections
identified to the minutes before submitting to the City Clerk's Office.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Board.
FISCAL EFFECTS:None.
Attachments:
060122 Economic Vitality Board Minutes.pdf
Report compiled on: June 29, 2022
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Bozeman Economic Vitality Board Meeting Minutes, June 1, 2022
Page 1 of 3
THE ECONOMIC VITALITY MEETING OF BOZEMAN, MONTANA
MINUTES
June 1, 2022
Present: Joseph Morrison, Sara Savage, Suzanne Berget White, Craig Ogilvie, Danielle Rogers, John
Carey, Katharine Osterloth Absent: Christopher Coburn
A) 00:01:00 Call to Order - 6:00 PM
B) 00:02:20 Disclosures
• There were no disclosures.
C) 00:02:33 Changes to the Agenda
• There were no changes to the agenda.
D) 00:02:41 Approval of Minutes
D.1 00:02:43 Approval of May 4, 2022 Economic Vitality Board Meeting Minutes
050422 Economic Vitality Board Minutes.pdf
00:02:57 Motion I move to approve the May 4, 2022 Economic Vitality Board meeting minutes.
Sara Savage: Motion
Suzanne Berget White: 2nd
00:03:15 Vote on the Motion to approve I move to approve the May 4, 2022 Economic Vitality Board
meeting minutes. The Motion carried 7 – 0.
Approve:
Joseph Morrison
Sara Savage
Suzanne Berget White
Craig Ogilvie
Danielle Rogers
John Carey
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Bozeman Economic Vitality Board Meeting Minutes, June 1, 2022
Page 2 of 3
Katharine Osterloth
Disapprove:
None
E) 00:04:11 Public Comments
00:04:52 Mary Wictor, Public Comment
• Mary Wictor commented on B2M zoning request locations.
F) 00:08:20 Action Items
F.1 00:08:24 Recommendation to designate the second Monday of October as the
local Indigenous Peoples' Day Holiday
IPD EV Board 060122.pdf
00:08:28 Staff Presentation
Community Engagement Coordinator and interim Communications Manager Dani Hess presented the
recommendation to designate the second Monday of October as the local Indigenous Peoples' Day
Holiday.
00:15:17 Questions of Staff
00:22:03 Public Comment
00:22:28 Motion Move to recommend to City Commission the designation of the second Monday of
October as the local Indigenous Peoples' Day Holiday
John Carey: Motion
Sara Savage: 2nd
00:22:52 Discussion
00:24:16 Vote on the Motion to approve Move to recommend to City Commission the designation of the
second Monday of October as the local Indigenous Peoples' Day Holiday. The Motion carried 7 - 0
Approve:
Joseph Morrison
Sara Savage
Suzanne Berget White
Craig Ogilvie
Danielle Rogers
John Carey
Katharine Osterloth
Disapprove:
None
F.2 00:24:39 Ordinance 2104 Establishing Planned Development Zones
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Bozeman Economic Vitality Board Meeting Minutes, June 1, 2022
Page 3 of 3
PDZ Ordianance EV Board Memo 06.01.22.pdf
Ordinance 2104 Planned Unit Development DRAFT.pdf
PDZ Workflow Professional Version.pdf
00:24:33 Staff Presentation
Senior City Planner Tom Rogers presented Ordinance 2104 Established Planned Development Zones.
00:44:51 Questions of Staff
01:58:01 Public Comment
01:58:20 Mary Wictor, Public Comment
Mary Wictor commented on B2M and reduced square foot requirements.
02:00:20 Requests for next meeting
02:03:54 Motion I move to table the recommendation for Ordinance 2104 to the next meeting, July 6,
2022.
Craig Ogilvie: Motion
Danielle Rogers: 2nd
02:04:01 Vote on the Motion to table I move to table the recommendation for Ordinance 2104 to the
next meeting, July 6, 2022. The Motion carried 7 - 0
Approve:
Joseph Morrison
Sara Savage
Suzanne Berget White
Craig Ogilvie
Danielle Rogers
John Carey
Katharine Osterloth
Disapprove:
None
G) 02:04:39 FYI/Discussion
H) 02:04:48 Adjournment
For more information please contact Brit Fontenot, bfontenot@bozeman.net
General information about the Economic Vitality Board is available in our Laserfiche repository.
6
Memorandum
REPORT TO:Economic Vitality Board
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Economic Development Strategy Update Consultant Presentation
MEETING DATE:July 6, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Listen & ask questions.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:In 2016 the City produced and economic development strategy to guide the
activities of the Economic Development Department. When drafting the
strategy in 2016, it was envisioned that this would be a 3 – 5 year plan.
Along with the strategy, the plan included a focus and definition of traded
vs. local sector job growth, analyzed local sectors and recommended specific
tasks for implementation. A link to the strategy is here: 2016 Economic
Development Strategy .
The City of Bozeman’s Economic Development Strategy rests on three
Strategic Imperatives defined by the former Economic Development Council
(EDC) include:
1. Support retention and growth of existing businesses, while welcoming
and encouraging new businesses;
2. Invest in infrastructure as a mechanism to drive economic
development; and
3. Support education and workforce development initiatives to provide
businesses with qualified workers.
In 2016, The EDC also created the Economic Development Vision for the
community:
“Our community strengthens and diversifies the local economy by
supporting business sectors that create & sustain mid-to high-paying jobs,
enhancing the high quality of life in the greater Bozeman area.”
Guiding Economic Development Values/Principles include:
1. Strengthening and diversifying the local home-grown economy;
2. Increasing economic activity that improves our community’s prosperity;
3. Supporting innovation and encouraging growth in mid-to-high wage
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sectors;
4. Facilitating the creation of mid-to-high paying jobs/high quality
employment to match the high quality of life;
5. Environmental responsibility; and
6. Intentional growth planning.
Since the 2016 plan was adopted, the region has experienced significant
changes including impacts from the Great Recession, a global pandemic, the
great resignation, a re-focus on sustainability and equity, expansion of
sectors in the region and a massive shift in the available workforce to meet
the demands of growing businesses. The proposed update intends to
evaluate and update current traded vs. local sector conditions and update
the strategy while taking into account disruptive events over the past five
years and include components of sustainability/resiliency and address equity
issues. Examples of updates to the plan include an expansion to sector
development initiatives to include additional high-growth sectors including
health care, the film industry and quantum computing. Over the past 18-24
months, the importance of workforce development and regional economic
partnerships is elevated and requires focused effort. Finally, continued
infrastructure investment in targeted areas will add vibrancy, community
and economic stability and continue to expand the tax base.
Finally, in 2018, the City Commission adopted a Strategic Plan that envisions
Bozeman remaining “a safe, inclusive community, fostering civic engagement
and creativity, with a thriving diversified economy, a strong environmental
ethic, and a high quality of life as our community grows and changes”. The
principles imbedded in the 2016 Economic Development Strategy are fully
incorporated into the Strategic Plan in the Innovative Economy section
which reads:
2. An Innovative Economy
We grow a diversified and innovative economy leveraging our natural
amenities, skilled
and creative people, and educational resources to generate economic
opportunities.
2.1 Business Growth - Support retention and growth of both the traded and
local business sectors while welcoming and encouraging new and existing
businesses, in coordination with the Economic Development Plan.
2.2 Infrastructure Investments - Strategically invest in infrastructure as a
mechanism to encourage economic development.
a) Identify Commercial/Industrial Infrastructure Needs. Identify sites for new
or
redevelopment in areas that lack adequate infrastructure and develop new
financing strategies to fund these investments.
2.3 Workforce Development - Support education and workforce
development initiatives to improve the skills of our citizens.
We are now closing in on the end of the 5th year using the plan. Over the
last 5 years we have experienced significant changes to our economic, social
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and political landscape. A few of the significant events include the economic
impacts of the COVID-19 virus on the global economy and workforce, a
heightened awareness of diversity, equity and inclusion in our economic
landscape and an ever increasing importance placed on the impacts of
climate change on community sustainability and resiliency. The goal of this
update is to refresh the strategy under our new normal and including
elements that were not included in the 2016 strategy.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
Bozeman Economic Vitality Strategy 06.20.22.pdf
Action Matrix 06.27.22 v2.xlsx
Report compiled on: June 29, 2022
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CITY OF BOZEMAN
Economic Vitality Strategy (EVS)
June 2022
10
PREPARED BY:
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TABLE OF CONTENTS
Introduction ................................................................................................................................ 1
Strategy Purpose .................................................................................................................... 1
What is Economic Vitality? ..................................................................................................... 1
The Gallatin Valley Story ............................................................................................................ 5
Regional Overview ................................................................................................................. 8
Industry Clusters ...................................................................................................................13
National Trends .........................................................................................................................14
Equity ....................................................................................................................................14
Housing Availability ...............................................................................................................17
Climate Change .....................................................................................................................18
Early Learning/Child Care......................................................................................................19
High School Skills Development ............................................................................................20
Small Business Development ................................................................................................21
The Economic Vitality Strategy .................................................................................................23
Vision ....................................................................................................................................23
Values ...................................................................................................................................23
Guiding Principles .................................................................................................................23
Goals and Objectives ............................................................................................................24
Action Matrix..........................................................................................................................27
Evaluation Framework ...........................................................................................................27
Attachment A: Industry Cluster Analysis
Attachment B: Action Matrix
Attachment C: Annual Benchmarks
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Bozeman Economic Vitality Strategy | June 2022 1
INTRODUCTION
The City of Bozeman is an economic hub for the broader Gallatin Valley and State of Montana.
Recognizing that economies and the workforce are not limited by jurisdictional boundaries, the
Bozeman Economic Vitality Strategy (EVS) is intended to serve the larger Gallatin Valley area.
It will be monitored by staff at the City of Bozeman to ensure implementation, but it requires
engagement from various stakeholders across the Valley.
STRATEGY PURPOSE
This document is aimed at regional, city and county economic development practitioners,
business leaders, elected officials and stakeholders implementing programs that support the
growth of businesses and enhance opportunities for individuals to access economic mobility in
the Gallatin Valley. This requires alignment and implementation of actions across government
agencies and organizations. The Strategy provides deliberate direction to guide actions that will
evolve over the next five years to meet dynamic economic and business conditions. The
strategy is constant; the actions and organizations involved in implementation will change over
time.
Educate
The Bozeman EVS is founded on the vision that the future Gallatin Valley economy will
equitably serve the residents that live and work in region. The vision needs broad support and
this document should be used to engage elected officials and business leaders, to get their help
amplifying the vision and providing support through their actions.
Invest
The EVS should also be used to leverage greater investment in the region by providing data
and rationale that can be used to (1) obtain grants to fund implementation (2) encourage private
investment; and (3) align federal and state legislative agendas to collaboratively solicit funding
to support strategic projects.
Collaborate
Many organizations are actively trying to create equitable economic growth across the region. It
is important to collaborate to maximize collective efforts by:
• Coordinating with Bozeman staff to let them know about each organization’s work so it
can be leveraged across the region.
• Engaging other organizations or departments within a jurisdiction to break down silos
and leverage resources to the greatest extent possible and elevate one another’s work.
• Supporting programs led by other organizations that implement the Strategy through
funding and/or promotion.
WHAT IS ECONOMIC VITALITY?
Economic vitality is being able to maintain a strong diverse economy with enough growth to
provide opportunities for the increasing local population. Economic vitality also encompasses
the ability for residents to access jobs and opportunities to which contribute to quality of life and
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Bozeman Economic Vitality Strategy | June 2022 2
financial security. One of the foundational elements for economic vitality is an economic base of
traded and local sector businesses that provide various services to community and prospects to
create wealth.
Traded and Local Sectors
Traded sector (also referred to as an export or basic sector) businesses include industries and
employers which produce goods and services that are exported outside the region where they
are produced and therefore bring in new income to the area (e.g., manufactured goods,
software development). Bringing new income into the region is critical because it creates a
multiplier effect that then supports other local sector jobs. Workers in the traded sector tend to
have higher educational attainment and earn higher average wages than local sector business
which increases the economic impact. As the job base expands, a community is more attractive
to employees because there are more options for career growth. In turn, as employment grows,
there is more career mobility for people and competition among employers which can ultimately
increase wages.
As the traded sectors grow, they create an environment that allows entrepreneurs to develop
skills and resources on the job that may encourage them to start a new business and increase
employment opportunities within the region. Furthermore, some traded sector companies
support a supply chain effect that creates the need for additional companies to supply
components of a product that is manufactured or to provide additional services. Cities and
regions have concentrations of different types of traded sector industries which differentiate
them from other places and can be leveraged for economic development (e.g. Boston has
biotech, Houston has energy engineering, and New York has finance).
Local sector business consists of industries and firms that are likely to be present in every
region. They produce goods and services that are consumed locally in the region where they
were made, and therefore largely recirculate existing income in the area (e.g., breweries,
physician offices, banks). These businesses are important as they make a community distinct,
depending how they are provided by local businesses, and provide amenities to attract young
professionals and families that drive the new economy. A sampling of traded and local sector
businesses in the Gallatin Valley is indicated in Figure 1 below.
In the Gallatin Valley, difference between traded and local sectors is not as clear. Since tourism
is a large portion of the economy, local sectors – especially retail, food and beverage, and
hospitality – are bringing in outside income from visitors. However, these local sectors still have
lower wages and lower economic impacts than traded sectors. It is important for the Gallatin
Valley to work on diversifying the economy so it is not overly dependent on tourism.
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Bozeman Economic Vitality Strategy | June 2022 3
Figure 1: Example of Gallatin Valley Traded and Local Sector Businesses
Source: Bridge Economic Development
Traded sector industries have the largest economic impact per job even though they represent
fewer jobs than local sectors. Traded sector jobs account for about 34 percent of the economy
with average wages of $68,200 per year, as shown in Table 1. Local sector jobs make up 66
percent of the economy with average wages of $42,800. In the U.S. as a whole, traded sectors
comprise 36 percent of all jobs which generate 50 percent of the income and 96.5 percent of all
patents.1 Traded sector jobs provide a larger proportion of the national income and are
responsible for almost all innovation as measured by the quantity of patents associated with the
industry.
1 https://clustermapping.us/cluster
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Bozeman Economic Vitality Strategy | June 2022 4
Table 1: Comparison of Traded and Local Sector Wages, Gallatin County
There is an interdependence or multiplier impact between traded and local sector companies. In
general, adding one additional skilled job in the traded sector can generate roughly 1.5 to 2.5
jobs in local goods and services. A strong local sector therefore depends on a strong traded
sector. And a stronger traded sector-based economy is more resilient to economic shocks like
those created by COVID-19 pandemic and other natural disasters.
Local sector businesses typically have a lower barrier to entry as they can require less capital
investment and may not require a four-year degree. The local sectors therefore have many
opportunities for under-represented and under-resourced individuals to gain access into the
market and build wealth. Therefore, local sector businesses are often considered an equity on-
ramp opportunity.
However, it is important to not entirely focus on local sector businesses as an opportunity for
equity. By only using a local cluster focus, a region can ultimately exacerbate income inequality
as underserved and under-represented communities are not connected to higher wage
employment opportunities among tradable industries. Therefore, it is important to provide
equitable opportunities within traded sector industries as well. This strategy considers both
traded and local sectors as part of the overall economy and how they both provide distinct
contributions and opportunities for the region.
Gallatin County Ann.Jobs
Industry NAICS Avg. Wage 2020 2020
Economic Base/Traded Sectors
Finance/Insurance 52 $96,600 1,619
Prof. & Tech Services 54 $79,200 4,829
Mining 21 $92,400 188
Information 51 $139,800 698
Mgmt. of Companies 55 $79,700 234
Wholesale Trade 42 $70,100 1,819
Manufacturing 31-33 $55,400 3,599
Ag./Forest/Hunting 11 $40,000 701
Transport./Warehousing 48-49 $44,500 1,302
Admin/Waste Mgmt 56 $40,200 2,260
Subtotal / Average $68,200 17,249 34.1%
Local Sectors
Construction 23 $58,100 6,413
Retail Trade 44-45 $40,100 8,197
Real Estate 53 $50,400 1,197
Education 61 $34,500 834
Health Care 62 $53,200 5,994
Arts/Rec 71 $27,300 1,463
Hotel/Restaurant 72 $26,600 6,920
Other 81 $40,900 2,323
Subtotal / Average $42,800 33,341 65.9%
Total $50,600 50,590 100.0%
Source: Bureau of Labor Statistics QCEW; Economic & Planning Systems
Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[213051-City County 2dig NAICS Employment Data_10-01-21.xlsx]T-EVS_Table1
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Bozeman Economic Vitality Strategy | June 2022 5
THE GALLATIN VALLEY STORY
The Gallatin Valley is an area within Gallatin County where most of the County’s population and
jobs are located. There is no official or administrative definition of the Gallatin Valley, but it is
generally known as the flat, semi-arid, low elevation lands between Bozeman Pass (on the east)
and Three Forks (on the west) illustrated in Figure 2. These are historic Native American lands
used in the summer months to hunt, fish, and prepare for the long winter. Today, after
settlement by whites and displacement of the Native American population, it includes the
municipalities of Bozeman, Belgrade, Manhattan, and Three Forks plus the unincorporated
areas of Four Corners, Gallatin Gateway, and other smaller unincorporated communities. The
population of this region is approximately 110,000 including the City of Bozeman (51,000) and
Belgrade (10,800).
The City of Bozeman is the third-largest city in the state of Montana, largest City in the Gallatin
Valley, and the home of Montana State University. Surrounded by scenic mountains, rugged
trails, and fish-filled rivers, Bozeman is an outdoor enthusiast’s dream. Adventure seekers have
discovered that Bozeman also offers economic opportunity with a vibrant and diverse industry
base ranging from photonics to specialty manufacturing. With the proximity of the Bozeman
Yellowstone International Airport, Bozeman, and the “Triangle” comprise of Belgrade, Four
Corners, and Bozeman serve as the economic hub for the Gallatin Valley.
A unifying factor across the Valley is a culture of grit and smarts that encourages entrepreneurs
to thrive and innovation to emerge. This forward-thinking population prizes sustainable practices
and solutions to shift climate change with an understanding that precious natural resources (e.g.
water) and the tourism trade depend on a healthy environment.
The residents of Gallatin Valley respect hard work and diverse individuals that reside year-round
in the community and are committed to sustainable long-term growth. Wealth is defined by a
personal lifestyle that affords the ability to live, educate, recreate and commune in Gallatin
Valley year-round.
While not within the Gallatin Valley, there are three important nearby assets and communities:
Bridger Bowl Ski Area, Big Sky and Big Sky Mountain Resort, and West Yellowstone. Bridger
Bowl is one of the oldest winter sport areas in the west and is known among dedicated skiers for
its challenging terrain and low-key local crowd. Big Sky has emerged over the past decade or so
as one of the top winter sports destinations in North American. It is known for its massive
5,000+ acre size and some of the most difficult runs in North America. It is also one of the most
luxurious and exclusive mountain communities in North America. Homeowners and visitors
include the ultra-wealthy, CEOs, and venture capital investors that largely reside in Yellowstone
Club. The growth of Big Sky has brought an influx of wealth and investment to the Gallatin
Valley which is funding startups and bringing outpost office locations of larger firms to the
region.
The Town of West Yellowstone is the western gateway to Yellowstone National Park.
Thousands of visitors stay in and pass-through Bozeman and West Yellowstone each year on
their way to and from Yellowstone National Park (YSNP). West Yellowstone is a year-round
recreation destination in itself with guided snowmobiling and ski touring in the winter, hunting,
and fishing and hiking in the warmer months.
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Bozeman Economic Vitality Strategy | June 2022 6
Figure 2. Gallatin Valley Region
Source: EPS
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Bozeman Economic Vitality Strategy | June 2022 7
The Gallatin Valley also has economic linkages to other places in Montana. Along the I-90
corridor, there is bioscience collaboration (and competition) between MSU and Bozeman and
the University of Montana in Missoula. Billings Clinic is expanding its health care services in
Bozeman and staff and doctors share time between the two regions. Some workers are
commuting from other counties due to housing costs and preference. With the growth of remote
working, there is an opportunity to shift some of the jobs in Gallatin Valley to these rural
communities to their benefit.
Bozeman Yellowstone International Airport (BZN) is the busiest airport in the State with 1.9
million passengers in 2021 compared to approximately 700,000 at Billings Logan International
Airport. BZN airport increases the reach of the Gallatin Valley with direct flights indicated in
Figure 3 to major cities throughout the U.S. The airport is a major economic engine that brings
in tourists, but also investment and innovation.
Figure 3. Bozeman Yellowstone International Airport direct flights
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Bozeman Economic Vitality Strategy | June 2022 8
REGIONAL OVERVIEW
Population
The population of Gallatin County is 119,000 and has grown by a third since 2010 at an annual
rate of 2.6 percent per year (Table 2). The City of Bozeman has over 50,000 people now which
places it in a new category of eligibility for federal transportation and community development
grant funding. Bozeman added over 14,000 people since 2010 at a rapid annual rate of 2.9
percent. The entire Valley is growing fast, as Belgrade grew by over 40 percent at 3.3 percent
per year. The unincorporated remainder of the County, including Big Sky, Four Corners, and
Gallatin Gateway added over 12,000 people.
Table 1. Population by Place, Gallatin County
Economy
In Gallatin County there were nearly 60,000 wage and salary jobs in 2020 plus another 25,000-
30,000 sole proprietor jobs (self-employed) for a total of about 90,000 jobs. Within the City of
Bozeman there were about 30,000 private wage and salary jobs plus 4,200 faculty and staff at
MSU. The largest industries in the City of Bozeman and Gallatin County are local and tourism
sectors including retail trade, hotels and restaurants, construction, and health care (Figure 4).
The traded sectors of professional and technical services and manufacturing are the next
largest groups of industries. These data show that the area is today heavily reliant on trade and
tourism.
Ann. Growth
2010 2021 Total Change % Change Rate
Bozeman 37,354 51,405 14,051 37.6%2.9%
Belgrade 7,535 10,796 3,261 43.3%3.3%
Manhattan 1,525 1,829 304 19.9%1.7%
Three Forks 1,871 2,375 504 26.9%2.2%
Unincorporated 43,099 55,290 12,191 28.3%2.3%
Gallatin County 89,513 119,320 29,807 33.3%2.6%
Source: ESRI, Economic & Planning Systems
Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[Population, Gallatin County, MT.xlsx]Sheet2
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Bozeman Economic Vitality Strategy | June 2022 9
Figure 4. Wage and salary jobs by industry, Bozeman and Gallatin County, 2020
The economy in Gallatin County and Gallatin Valley is changing rapidly, however. First, the
County added 7,000 jobs from 2015 through 2020, a growth rate of 2.6 percent per year and a
13.5 percent increase (Table 3). The industries with the most growth are highlighted below.
▪ Professional and technical services added 934 jobs with average wages near $80,000
per year. This sector had the most growth outside of construction. This is a significant
change and shows that companies in Greater Bozeman are expanding, and new firms
are being formed or attracted. The area is attracting knowledge-based companies and
workers.
▪ Countywide, construction was also one of the fastest growing industries with 1,700 jobs
added from 2015 through 2020. Growth in construction jobs is being fueled by major
resort projects are underway in Big Sky, plus the growth of the Gallatin. Anecdotally,
many construction workers are moving to the area temporarily to fill jobs and may move
to other locations as major projects are completed or if the economy slows.
▪ Manufacturing also had significant growth which is rare in small metro areas.
Manufacturing is a diverse and important sector in Greater Bozeman. This sector grew
by 562 jobs with average wages of about $55,000.
▪ Health care also grew significantly, which is consistent with national trends. People are
living longer, more people have health insurance, and the large baby boomer population
is aging and increasing health care demand. Health care added 881 jobs, a 17 percent
increase.
$40,100
$26,600
$58,100
$53,200
$79,200
$55,400
$40,900
$40,200
$70,100
$96,600
$27,300
$44,500
$50,400
$34,500
$40,000
$139,800
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000
Retail Trade
Hotel/Restaurant
Construction
Health Care
Prof. & Tech Services
Manufacturing
Other
Admin/Waste Mgmt
Wholesale Trade
Finance/Insurance
Arts/Rec
Transport./Warehousing
Real Estate
Education
Ag./Forest/Hunting
Information
Total Jobs
Bozeman Gallatin County
Source: Bureau of Labor Statistics; MT Dept. of Labor; Economic & Planning Systems
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Bozeman Economic Vitality Strategy | June 2022 10
Table 2. Change in wage and salary jobs by industry 2015-2020 and 2020 average wages
Economy Comparisons
Comparing the Gallatin County and Bozeman economy to other areas provides additional
context for the importance of economic diversity. First, a metric called a location quotient (LQ) is
used to compare the mix of jobs in traded and local sectors in comparison counties. Next, the
economic productivity of each area is shown – areas that have higher concentrations of traded
sector jobs have more economic productivity.
A location quotient (LQ) measures the concentration of an industry in an area as a ratio of the
percentage of jobs in the analysis area divided by the percentage in the U.S. A LQ ration is
used to compare the concentrations of industries across different regions and asses local
industry strengths or specializations. The LQ is important for determining an inherent economic
Ann. Avg.
Industry 2015 2020 Change % Change Wage 2020
Economic Base/Traded Sectors
Finance/Insurance 1,447 1,619 172 11.9%$96,600
Prof. & Tech Services 3,895 4,829 934 24.0%$79,200
Mining 197 188 -9 -4.6%$92,400
Information 578 698 120 20.8%$139,800
Mgmt. of Companies 252 234 -18 -7.1%$79,700
Wholesale Trade 1,582 1,819 237 15.0%$70,100
Manufacturing 3,037 3,599 562 18.5%$55,400
Ag./Forest/Hunting 554 701 147 26.5%$40,000
Transport./Warehousing 1,284 1,302 18 1.4%$44,500
Admin/Waste Mgmt 1,730 2,260 530 30.6%$40,200
Subtotal / Average 14,556 17,249 2,693 18.5%$68,200
Local Sectors
Construction 4,754 6,413 1,659 34.9%$58,100
Retail Trade 7,584 8,197 613 8.1%$40,100
Real Estate 880 1,197 317 36.0%$50,400
Education 657 834 177 26.9%$34,500
Health Care 5,113 5,994 881 17.2%$53,200
Arts/Rec 1,419 1,463 44 3.1%$27,300
Hotel/Restaurant 7,065 6,920 -145 -2.1%$26,600
Other 1,994 2,323 329 16.5%$40,900
Subtotal / Average 29,466 33,341 3,875 13.2%$42,800
Total (disclosable)44,022 50,590 6,568 14.9%$51,500
Total Jobs (without disclosure)52,059 59,071 7,012 13.5%
Source: Bureau of Labor Statistics QCEW; Economic & Planning Systems
Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[213051-City County 2dig NAICS Employment Data_10-01-21.xlsx]T-EVS_Table2
Jobs
Note: Industry employment figures do not include all jobs due to privacy limitations. Summing employment by
industry components yields less jobs than the actual totals which are not limited by privacy disclosure issues.
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Bozeman Economic Vitality Strategy | June 2022 11
strength of a community. In developing an economic vitality strategy, it is best to invest time and
money where there is a competitive advantage already existing in the community rather than
trying to create an industry cluster without an intrinsic base.
The LQs for traded and local sectors in Gallatin County are compared to several comparison
Counties with their major city noted in Table 3.
▪ Bozeman has lower concentrations in most traded sectors than the comparison
communities and higher concentrations in local sectors.
▪ As larger cities/metros, Boulder and Boise have more diverse economies.
▪ Boulder and Boise/Ada County have higher concentrations of jobs in knowledge and
financial industries.
▪ Ogden, UT/Weber County has more than twice the manufacturing concentration than
Bozeman (aerospace, defense, outdoor products, advanced materials)
▪ Boulder and Fort Collins also have higher concentrations of manufacturing at 1.29 and
1.02.
The differences in the mix of jobs and industries in each area is due to numerous historical,
geographic, and economic factors. How an area was settled historically (e.g. agriculture,
railroad, mining, university) influences the early and legacy industries in that community. The
location and proximity to other cities and industries also affects the economic composition.
Larger cities and counties, and cities and counties within larger metro areas also tend to have
more diverse economies and more racial and ethnic diversity.
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Bozeman Economic Vitality Strategy | June 2022 12
Table 3. Location quotient comparisons
As shown below in Figure 5, the regions with higher concentrations of traded sector jobs are
the most productive; they generate the most economic output per job. Gross Regional Product
(GRP) is the local or regional equivalent of GDP (Gross Domestic Product). GRP is the value of
all goods and services produced in an economy. GRP per job is a measure of the productivity of
the labor force and firms in the economy – the value of the output created from each worker.
▪ Boulder, CO has the most productive economy with nearly $150,000 in annual output
per worker, followed by Fort Collins, CO at $118,000.
▪ Bozeman and Gallatin County are at the lower end of the spectrum of the comparison
communities due to the higher concentration of tourism and local serving jobs.
These data reinforce the focus of this strategy on diversifying the economy with a focus on
traded sectors to provide the economic engine for the region, and local sectors providing the
support for quality of life and on-ramps to business ownership and wealth building.
Bozeman/Gallatin Highest
Industry Location Quotient Concentration
Traded Sectors
Agriculture, forestry, fishing and hunting 1.33 Corvallis/Benton 3.21
Mining, quarrying, and oil and gas extraction 0.82 Bozeman/Gallatin 0.82
Information 0.63 Boise/Ada 1.14
Management of companies and enterprises 0.24 Boise/Ada 1.05
Professional and technical services 1.20 Boulder/Boulder 2.47
Wholesale trade 0.76 Boise/Ada 1.22
Manufacturing 0.70 Ogden/Weber 1.61
Transportation and warehousing 0.55 Boise/Ada 0.70
Finance and insurance 0.63 Boise/Ada 1.14
Local Sectors
Utilities 0.50 Boise/Ada 1.03
Construction 2.09 Bozeman/Gallatin 2.09
Retail trade 1.31 Bozeman/Gallatin 1.31
Real estate and rental and leasing 1.30 Bozeman/Gallatin 1.30
Administrative and waste services 0.62 Boise/Ada 1.38
Educational services 0.72 Boulder/Boulder 0.79
Health care and social assistance 0.72 Missoula/Missoula 1.22
Arts, entertainment, and recreation 1.99 Bozeman/Gallatin 1.99
Accommodation and food services 1.47 Bozeman/Gallatin 1.47
Other services, except public administration 1.39 Missoula/Missoula 1.57
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016-QCEW.xlsx]T-LQ vs Peers
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Bozeman Economic Vitality Strategy | June 2022 13
Figure 5. Gross regional product per job, Gallatin County and selected comparison areas
INDUSTRY CLUSTERS
Industry clusters are groups of similar and related businesses that share common markets,
technologies, worker skill needs, and that are often linked by buyer-seller relationships. Industry
clusters represent distinct qualities of a community and help define what makes one community
different from another. Industry clusters are a way of communicating, marketing, and leveraging
the presence of these concentrations of skills, resources, and relationships. The EVS is
organized around supporting 7 traded sector clusters and three local sector clusters
summarized in Table 4 and Table 5. Appendix A provides a more detailed description of these
industry clusters.
Table 4. Traded sector industry clusters
Estimated Estimated Estimated
Industry Cluster Stage Jobs Firms Wages Description
Traded Sectors
Photonics Mature 800 35 $60,000-$100,000+Science and technology of generating, detecting, and
controlling light.
Quantum Computing Nascent Less than 100 Less than 20 $60,000-$100,000+Uses atomic motion to perform computing
operations.
Biotechnology Growing 100 to 400 Not available $40,000-$90,000+Medical and drug research and technology.
Software/Information Technology (IT)Mature 1,350 240 $60,000-$140,000+Programming and system design.
Outdoor Equipment Mature 500-1,000 Not available $40,000-$90,000+Outdoor equipment design, manufacturing, and
marketing. Capitalizes on Bozeman brand. Within
manufacturing industry of 3,600 jobs.
Speciality Manufacturing Mature 1,000+Not available $40,000-$60,000 Specialty products including metal products, musical
instruments, and food and beverage. Within
manufacturing industry of 3,600 jobs.
Climate Technology Nascent Not available Not available $40,000-$90,000+Emerging cluster of technologies that are explicitly
focused on addressing climate change. Wide range
of industries.
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\223016-Bozeman MT Economic Development Strategy\Data\[223016 Industry Cluster Definitions (CH).xlsx]T-FinalClusters_Traded
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Bozeman Economic Vitality Strategy | June 2022 14
Table 5. Local sector industry clusters
NATIONAL TRENDS
There are fundamental national issues facing the community that need to be addressed in order
to foster economic vitality.
EQUITY
In the context of Economic Vitality, equity is defined as an economic system that ensures under-
represented and under-served people have the same level of access to the economy and
wealth creation as all other residents. Equity is not equality. Equality is sameness or treating
everyone the same regardless of identity, life circumstance, or needs. The same resources or
services may be available to all, but some people may face barriers in accessing or benefitting
from them. Equity recognizes the differences and works to remove the barriers to access
opportunity.
Photo caption: Equality is when everyone has access to a bicycle. Equity is when everyone is able to
benefit from having access to a bicycle because the design of each bicycle meets their unique needs.
Estimated Estimated Estimated
Industry Cluster Stage Jobs Firms Wages Description
Local Sectors
Construction Mature 6,400 1,290 $50,000-$60,000
$100,000 in heavy
construction
Residential and commercial buildings, skilled trades,
and heavy/civil engineering construction.
Small Business Ownership Growing N/A N/A Varies Small businesses across all sectors. Self employed
is 25-30% of all jobs in Gallatin County.
Health Care Mature 6,000 500+$40,000-$90,000+Medical services provided through hospitals and
small practices. Includes doctors, nurses, and home
service providers.
Source: Economic & Planning Systems
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Bozeman Economic Vitality Strategy | June 2022 15
Wealth Creation
Wealth creation is generally attained through career opportunities with living-wages, business
ownership and real estate ownership. Income is only one measurement of wealth. Net worth, or
wealth, includes income, homes, stock-market investments, businesses, and other owned
assets, minus debt.
Available data to compare wealth is generally available on a national level and is therefore
considered here in that context. Nationally, the net worth of a typical white household is nearly
ten times greater than that of a typical Black household, and eight times greater than a Hispanic
household. According to a survey by the Federal Reserve in 2017, the median net worth of
African-Americans ($17,600) was only a tenth that of non-Hispanic whites ($171,000).2
Furthermore, nearly 20 percent of Black households have zero or negative net worth compared
to 14 percent of households identifying as other or multiple race,3 13 percent of Hispanic
households, and only nine percent of white households.4
Figure 6: Family Median Net Worth, Thousands of 2016 Dollars
Source: Federal Reserve Board, Survey of Consumer Finances
As the following chart shows, higher income levels are correlated with educational attainment.
However, ensuring parity in college degree attainment alone will not solve the racial disparity in
the wealth gap.
2 Recent Trends in Wealth-Holding by Race and Ethnicity: Evidence from the Survey of Consumer Finances, Federal
Reserve, September 2017
3 Other families--a diverse group that includes those identifying as Asian, American Indian, Alaska Native, Native
Hawaiian, Pacific Islander, other race, and all respondents reporting more than one racial identification.
4 ibid
17.6
20.7
64.8
171
Black or African-American
Hispanic or Latino
Other or Multiple Race
White non-Hispanic
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Bozeman Economic Vitality Strategy | June 2022 16
Figure 7: Median Weekly Earnings and Unemployment Rate by Educational Attainment, 2017
Source: Bureau of Labor Statistics, 2017
Real estate equity and the transfer of wealth are important determinants of household wealth
creation. However, generations of under-represented Americans have had limited access to real
estate assets due to discriminatory policies throughout the 20th century including the Jim Crow
era’s “Black Codes” strictly limiting opportunity in many southern states, prior to Federal
Housing Administration (FHA) lending restrictions,5 and redlining. In addition, research shows
that Black-owned real estate is systemically (and historically) devalued, leading to less wealth
creation than the same assets for White households.6
Business ownership is another significant (and perhaps the most important) source of wealth
creation. In the U.S., approximately 77 percent of wealth created in 2015 came from owning a
private company or professional firm.7 Research shows that business ownership is also
associated with higher levels of economic mobility.8 And yet, there are significant racial
disparities in business ownership rates and business performance (i.e., revenue and
profitability) that lead to even more disparities in wealth creation.
In the U.S.: “Nationally, people of color represent about 40 percent of the population, but only 20
percent of the nation’s 5.6 million business owners with employees. The U.S. could have
millions more businesses if women and minorities became entrepreneurs at the same rate as
white men.” 9 Businesses owned by people of color earn just 48 percent of the revenue of white-
owned firms.10
5 Rothstein, Richard. Color of Law. 2017
6 Perry, Andre. Know Your Price: Valuing Black Lives and Property in America's Black Cities. 2020
7 Benson, R. (2015). Wealth Creation through Business Ownership. American Business Advisors.
8 Perspectives on Inequality and Opportunity from the Survey of Consumer Finances, Janet Yellen, October 2014 9 Liu, S. & Parilla, J. “Businesses owned by women and minorities have grown. Will COVID-19 undo that?” Brookings.
April 14, 2020. https://www.brookings.edu/research/businesses-owned-by-women-and-minorities-have-grown-will-
covid-19-undo-that/
10 Zeuli, K., Nijhius, A., Eberhardt, P., O’Shea, K., & Verchot, M. (2018). Helping entrepreneurs of color grow their
business: Early insights from the Ascend 2020 initiative. Boston: MA, ICIC. 2015 U.S. Census Bureau Annual Survey
of Entrepreneurs data for privately held firms with paid employees.
$1,743
1,836
1,401
1,173
836
774
712
520
1.50%
1.5
2.2
2.5
3.4
4
4.6
6.5
Doctoral degree
Professional degree
Master's degree
Bachelor's degree
Associate degree
Some college, no degree
High school diploma, no college
Less than a high school diploma
Unemployment rate Median usual weekly earnings
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Bozeman Economic Vitality Strategy | June 2022 17
In Bozeman, the most recent Survey of Business Owners and Self-Employed Persons (SBO)
from the United States Census Bureau was conducted in 2012, at the time Bozeman was
estimated to have 7,473 total firms, 26.6 percent of that were owned by women and 0.03
percent that were minority owned.
One piece of the wealth gap is income. Data for our city and region has limited reliability
because of relatively low population and even lower numbers of people of color. With this in
mind, according to American Community Survey 5-year estimates (2015-2019), the City of
Bozeman has an average household median income was $55,569. While Asian households had
almost twice the average median income, $106,204, White households were slightly above the
average at $57,523 and all other households were below the average. Black or African
American households made slightly less at $54,375.00 and American Indian and Alaska Native
households made $50,536.00. Households that selected some other race or Hispanic or Latino
origin had the lowest median income, $43,023.00 for some other race and $33,833.00 for
Hispanic or Latino households.11
Diversity and Inclusion
In working toward equity, a community must recognize and respond to the importance of
diversity and inclusion. The City of Bozeman has adapted from the Government Alliance on
Race & Equity the following definitions of diversity and inclusion.
Diversity is the variation and difference across individuals in a group, organization, or
community. A group can be described as diverse when it is made up of individuals of varying
characteristics. Some examples are race, ethnicity, language-spoken, nationality, cultural
identity, spiritual practice, age, gender identity, gender expression, sexual orientation, ability,
and income or socioeconomic status.
When striving for diversity, residents honor the richness, value, and benefits of bringing people
with different perspectives, identities, and experiences together.
Inclusion is what is done with diversity. An individual, group, organization, or community is
inclusive when differences and variation are leveraged and celebrated. When residents strive
for inclusion, they are aware of how words, actions, and beliefs impact others. Inclusive spaces
are those in which people are respected, heard, and feel like they belong, even when they hold
different identities, experiences, or perspectives from each other.
HOUSING AVAILABILITY
The median home price in Bozeman is $812,000 as of May 2022 and ended the year 2021 at
$700,000, which is the available data for comparison with other cities (Figure 8). Increasing
access to available housing is a major priority for residents and business owners across the
Valley. The limited availability of homes is driven by three main factors: 1) not enough overall
supply, 2) increases in in-migration related to the pandemic and remote working, and 3) the
increase in housing costs for new construction. All of these factors increase home prices making
them inaccessible for average wage-earners.
11 Equity Indicators Project, Thomas P. Miller and Associates, July 2021
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Bozeman Economic Vitality Strategy | June 2022 18
Figure 8. 2021 median home price, Bozeman and selected comparison cities
In order to serve the community and economic base with employees ranging from teachers,
doctors and manufacturers, it is important to utilize the existing housing supply for permanent
year-round residents. Currently, Bozeman has competing interests for housing between
residents, MSU students, and tourists staying in short term rentals.
While maximizing the availability of existing housing stock, it is also necessary to decrease the
cost of new housing. This can be accomplished by permitting the construction of smaller sizes
housing units on smaller property footprints. This approach to a simplified housing unit size
requires less construction material, less utility infrastructure and encourages a built environment
that allows people to walk and bike instead of driving a vehicle when appropriate. All of these
outcomes not only reduce the cost of housing, but help mitigate climate change.
CLIMATE CHANGE
A recent Environmental Protection Agency (EPA) analysis12 shows that the most severe harms
from climate change fall disproportionately upon underserved communities who are least able to
prepare for, and recover from, heat waves, poor air quality, flooding, and other impacts. A
community can proactively address these impacts by 1) mitigating climate change by reducing
greenhouse gas (GHG) emissions and 2) becoming resilient in order to quickly adapt to future
impacts.
Climate change also threatens the natural and recreational assets that are important to the
economy – not just the tourism economy but also the quality of life that is attracting traded
sector firms. Changing precipitation patterns (warmer, drier), earlier and faster snowpack melt
off, more frequent and larger wildfires are all expected to affect the natural environment and
quality of life in the Gallatin Valley. Specifically, a less reliable snowpack and a drier climate will
affect the winter sports industry and river recreation businesses. Warmer summers will increase
air conditioning use which in turn demands more energy use and production, creating additional
impact if more energy isn’t source from renewables.
12 Climate Change and Social Vulnerability in the United States, EPA, September 2021 f
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Bozeman Economic Vitality Strategy | June 2022 19
Mitigation
The Bozeman Climate Plan, 2020, identifies how the city can take actions to reduce per-capita
GHG emissions. The Plan states that 57 percent of Bozeman’s 2018 emissions came from
residential and commercial building energy use, which is the highest source of emissions.
Improving building efficiency and increasing renewable energy supply are paramount to
achieving the near-term emissions reduction goal.
Innovative companies understand the real implications of climate change and are increasingly
seeking ways to enhance sustainable practices. Utilizing non-carbon generating energy sources
is a strategic advantage for companies seeking to meet environmental, social and governance
(ESG) criteria used by socially conscious investors to screen potential investments.
Collaboration between Gallatin Valley stakeholders and the local utility provider, NorthWestern
Energy, to recognize this competitive advantage for ESG financing could help shift power
generation investments.
Resilience
The Bozeman Climate Plan calls out a need for improved systems regarding water use and
agriculture production. Innovation within the food systems development process presents many
opportunities for emission reductions through improved agricultural practices, lower-carbon food
products, production and transportation efficiency, and waste reduction. The Plan also
encourages the development of a robust local food supply to reduce food insecurity and
improve food system resiliency.
EARLY LEARNING/CHILD CARE
Child care is critical infrastructure for working parents, but it also enables children to be in a
setting that promotes their healthy development and school readiness (while their parents work).
In this way, child care not only has a direct impact on the economy today, but also impacts the
economy of tomorrow. Rigorous evidence from studies of random assignment to high-quality
preschool suggests that early childhood policy interventions have wide-ranging long-term
impacts.13 Nobel Prize winning University of Chicago Economics Professor James Heckman’s
work outlines the great gains to be had by investing in the early and equal development of
human potential. He finds that investing in comprehensive birth-to-five early childhood education
is a powerful and cost-effective way to mitigate negative consequences on child development
and increase adult opportunity. “The gains are significant because quality programs pay for
themselves many times over. The cost of inaction is a tragic loss of human and economic
potential that we cannot afford.”14
Unfortunately, while wages are stagnating as indicated in Figure 9, the cost of organized child
care is increasing and presents a substantial financial hurdle for many working parents with
children, especially those working for low wages.
13 Diane Whitmore Schanzenbach Ryan Nunn Lauren Bauer Megan Mumford Audrey Breitwieser, Seven Facts on
Noncognitive Skills from Education to the Labor Market, October 2016
14 García, Jorge Luis, James J. Heckman, Duncan Ermini Leaf, and María José Prados. “The Life-cycle Benefits of
an Influential Early Childhood Program.” 2016
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Bozeman Economic Vitality Strategy | June 2022 20
Figure 9: US Median Household Income 1967-2016
The cost of care in the Gallatin Valley remains a barrier for many parents seeking to enter or
stay in the labor force. The average annual cost of child care in Montana for an infant is $9,096
in a child care center and $7,440 in a family child care home.15 Subsidized child care can
encourage low-skilled parents to maintain their connection to the labor force or to upgrade their
skills through education, thereby contributing to economic growth and productivity over the
longer term.
Since 2010, the number of family child care homes in Montana has declined from 2,323 to 1,633
in 2016 – a decline of 29.7 percent. For working families, the decline in home-based care
reduces the availability of the least expensive care option for families.16
In addition to the growing demand for child care and an increasing scarcity of affordable
facilities, is a need for more workers. According to the U.S. Bureau of Labor Statistics, there are
approximately 330 child care workers in Southwest Montana, which includes Gallatin Valley.
With a ratio of 2.41 workers/1,000 people the talent pool is similar to the national average (LQ:
1.0).17 Recruiting qualified workers for this sector is also more difficult due to low wages; the
average annual salary is $38,890 –the average national median wage is $49,150.18
Increasing the supply of child care is critical for the economy to maximize the full potential of the
available workforce. More importantly, providing early learning is an important investment in
communities that help ensure they can realize their human and economic potential.
HIGH SCHOOL SKILLS DEVELOPMENT
Career technical education (CTE) and science, technology, engineering, and math (STEM)
education are essential for all students, regardless of their aspirations. These studies not only
impart important technical skills and knowledge to succeed in a technology-based economy,
15 Montana Fact Sheet 1312019.pdf (ced.org)
16 Ibid
17 U.S. Bureau of Labor Statistics https://www.bls.gov/oes/current/oes211021.htm
18 Ibid
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Bozeman Economic Vitality Strategy | June 2022 21
they also enhance student agency, creativity, critical thinking, problem solving, teamwork,
adaptability, and habits of mind and dispositions that make for future success. Most importantly,
CTE and STEM education greatly affect learners’ engagement, achievement, and persistence in
school.
The Bozeman School District is actively supporting students through the Career and Technical
Education (CTE) Pathways program that gives BSD7 students opportunities to explore--and
even begin--careers while they are still students in the Bozeman School District. The existing
CTE Pathways website is intended to 1) increase student, family, staff, and community
awareness of the CTE pathways that begin in the schools and can lead to a variety of post high
school degrees, certifications, and job opportunities in our community; and 2) showcase the
work-based learning options, certifications, and degrees that are in concert with the established
pathways.
SMALL BUSINESS DEVELOPMENT
In developing tactical actions to support small business growth, it is important to recognize that
small businesses are not uniform and those in different size categories face different challenges
in accessing financing and technical support. Not all small businesses are positioned to scale.
As identified by TEConomy Partners, LLC, while most entrepreneurs start by forming small
businesses, not all small businesses are entrepreneurial. Small business owners develop
companies to generate wealth and provide employment and income for themselves and others.
Entrepreneurs are interested in creating innovative products or services that lead to further
investment and growth. Understanding the different motivations and needed support services
for these two types of businesses is important in developing the strategy and actions.
In Montana, 21,334 firms within the state have less than five employees as shown in Figure 10.
This amount is 64 percent of the overall firms in the state, which is higher than the US amount
of 62 percent shown in Table 7.
Figure 10: Firm Size Montana, 2019
Source: Bridge Economic Development, US Census SUSB Historical Data
21,334
5,282
3,130
2,329
539
942
0 5,000 10,000 15,000 20,000 25,000
<5 employees
5-9 employees
10-19 employees
20-99 employees
100-499 employees
500+ employees
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Bozeman Economic Vitality Strategy | June 2022 22
Table 7: Proportion of Firm Size Montana and U.S., 2019
Size of Firm Montana United States
<5 employees 64% 62%
5-9 employees 16% 17%
10-19 employees 9% 11%
20-99 employees 7% 9%
100-499 employees 2% 2%
500+ employees 3% 0.34%
Source: Bridge Economic Development, US Census SUSB Historical Data
MSU developed the talent that founded photonics companies decades ago. The original small
businesses have grown into large companies and some have been acquired by global firms.
This evolution of research and development (R&D) to commercialization of new technologies to
manufacturing production is a complicated and lengthy process that requires a regional
ecosystem of support. Gallatin Valley is fortunate to host an asset such as MSU that is
supporting the development of various industry startups as identified below in Figure 11.
Figure 11: MSU Industry Startups through 2021
Source: MSU Technology Transfer Office (TTO)
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Bozeman Economic Vitality Strategy | June 2022 23
THE ECONOMIC VITALITY
STRATEGY
The City of Bozeman and regional stakeholders developed the following Strategy to respond to
national trends and leverage unique local assets to foster economic vitality across Gallatin
Valley.
VISION
Outcome of implementing the Strategy:
Gallatin Valley is a hub of opportunity, job creation, and exports for Montana where people of all
backgrounds, incomes, and identities can live and work.
VALUES
Guide desired economic development outcomes. We as a city value:
Equitable Economic Growth that improves economic mobility, builds wealth and provides
equal opportunities for under-represented individuals
A Sustainable Economy with varied industries and business sizes including diverse ownership
Resilient Infrastructure to endure economic shocks and climate change, which includes areas
such as adequate workforce housing, water supply, renewable energy, and multi-modal
transportation
Engaged Higher Education that supports an entrepreneurial ecosystem and talent pipeline to
careers in the Gallatin Valley throughout students’ education
Innovation that captures opportunities in emerging technologies and industries including those
aligned with national interests (e.g., defense, energy, climate)
Fostering a Small Business Hub through a supportive network that generates opportunity for
wealth building of under-resourced individuals and retains businesses through succession
planning
GUIDING PRINCIPLES
General guidelines that shape the Strategy actions and implementation:
Gallatin Valley Residents that live and work in the community are the focus of the strategy
Engagement with the State to help rural areas leverage economic growth in Gallatin Valley
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Bozeman Economic Vitality Strategy | June 2022 24
Regional Partners will be Actively Engaged to effectively implement objectives
Clear and Transparent Roles and Lead Organizations are identified to efficiently implement
the plan
Grounded Aspiration to recognize and capture opportunities that are realistic for the Gallatin
Valley region
GOALS AND OBJECTIVES
Based on the key findings, values and guiding principles, the City of Bozeman and stakeholders
identified the following goals and objectives to guide economic vitality actions implemented by
regional stakeholders, which are outlined in a separate Action Matrix document, over the next
five years.
1) Provide Opportunity for Gallatin Valley Residents
Wealth creation provides the opportunity for all local residents to sustainably live in the
Gallatin Valley. It is important for four reasons: 1) wealth creation is a is a safety net that
keeps households from being derailed by temporary setbacks and the loss of income; 2)
it allows people to take career risks knowing that they have a buffer when success is not
immediately achieved; 3) family wealth affords residents to access housing in
neighborhoods with good schools, thereby enhancing the upward mobility of their own
children; and 4) wealth creation affords people opportunities to be entrepreneurs and
inventors. Finally, the income from wealth is taxed at much lower rates than income from
work, which means that wealth begets more wealth.19
1) Enhance the small business development ecosystem
Small business development is an alternative opportunity for people in Gallatin Valley if
a traditional career path is not available. They are necessary to commercialize
innovation and potentially grow into larger traded sector firms. Focused programs to help
support under-represented residents build wealth are essential to foster equity. As a
small business hub, Gallatin Valley can provide training for individuals to start
businesses back in rural communities. Gallatin Valley can leverage the community
culture of grit and hard work to innovate new companies and opportunities.
2) Provide comprehensive and coordinated skills development starting
with child care through middle school and higher-ed
Improving the skills of individuals not only improves the employment base, but also
develops future civic and business leaders needed to guide the region. Providing early
learning child care is an important community investment, helping to develop the
necessary skills that allow a community to realize its human and economic potential.20
This is especially true for underrepresented children. Engaging students in middle school
19 Examining the Black-white wealth gap, Brookings, February 27, 2020
20 The anatomy of inequality: Florian Hoffman discusses how income disparities have grown in the US and Europe
over the last 40 years, American Economic Association, November 25, 2020
36
Bozeman Economic Vitality Strategy | June 2022 25
to prepare the future workforce is necessary. Higher-education leaders in can build off
this engagement and provide necessary skills development through college.
3) Improve access to career opportunities for local and surrounding rural
residents
Gallatin Valley is fortunate to have several diverse traded sector industries that are
growing and provide career ladder opportunities with living-wage salaries. With remote
work infrastructure and training in rural communities, they can access “rural onshoring”
opportunities with Gallatin Valley. There is a demand for construction and specialty
manufacturing occupations that offer alternative job opportunities without a four-year
college degree. Building a clear path and educating youth about these opportunities is
important to keep them living and working in Gallatin Valley.
2) Support a Diverse Economy
Economic vitality for individuals requires a resilient economy that can withstand
economic shocks as witnessed with the pandemic. A resilient economy is diverse in
business size as well as industry types. Various businesses provide diverse services
and products and enable innovation of new products. Larger traded sector companies
offer individuals careers with stability and benefits and an employment base to support
local sector companies. Meanwhile, local sector companies can serve as a gateway for
underrepresented people to build a business and wealth.
1) Focus on traded sector industries that are emerging and can increase
exports
To maximize limited resources, stakeholders should focus efforts on emerging traded
industries to foster growth of a diverse industry base. MSU research and development
(R&D) is actively supported by the Technology Transfer Office (TTO) to develop
entrepreneurs offering innovative solutions. Many of the innovations emerging from MSU
specifically align with federal interests associated with energy, climate change and
defense, which that are more likely to receive grants and funding.
2) Enhance development of the talent pipeline
The top priority of businesses within any industry cluster is access to good talent. The
education and development of students at MSU and Gallatin College are critical for the
economy. It is also important for the institutions to introduce students to local career
opportunities so that they are more inclined to stay and access economic opportunities
in Gallatin Valley and contribute to the growth of the local economy.
3) Build a More Resilient Region
Resilience and economic growth are both vital for healthy economies in uncertain times.
If a local economy is resilient, the recovery period will be much shorter than an economy
with little or no resilience. If a local economy is not resilient, it may never return to its
former economic growth path. Places that recovered from the 2008-2009 Great
37
Bozeman Economic Vitality Strategy | June 2022 26
Recession included regions with high educational attainment, a diverse and adaptable
workforce, attainable housing prices and rents, ongoing capital investment indicating the
availability of significant public resources, and those that are not dependent on the
cyclical nature of a single industry. The recent pandemic and climate change impacts
reveal that disasters disproportionately impact our most vulnerable populations. Regions
will need to address those left behind and hit the hardest before they can jump forward.
1) Increase amount and access to housing for all
The most significant concern for every business owner is the lack of housing supply and
affordability. The Gallatin Valley economy will become less resilient and struggle to grow
without a housing supply that serves all incomes.
2) Develop a sustainable city
Government does not create jobs; it creates a great environment to attract and retain
businesses that create jobs. Companies are seeking to invest in sustainable and resilient
communities that provide a good return on investment. The City of Bozeman should
continue to build innovative infrastructure to develop sustainably and provide certainty to
investors. The city can foster a culture of resilience and efficiency to help bounce back
from environmental impacts (e.g. wildfires, limited water supply).
3) Foster a culture focused on climate change resilience
Over the past seven years, total funding for climate technology (tech) companies, rate of
startup creation, and the average size of funding has continued to rise. Total venture
funding increased to US$87.5bn invested over second half of 2020 and first half of 2021,
a more than 210 percent increase.21 Young talent is increasingly seeking jobs that focus
on addressing climate change. Gallatin Valley can position itself as an innovator in
climate tech in collaboration with high-tech and natural resource production (e.g.
agriculture, ranching) to foster collaboration across the state.
21 State of Climate Tech 2021: Scaling breakthroughs for net zero, PWC
38
Bozeman Economic Vitality Strategy | June 2022 27
ACTION MATRIX
The Action Matrix (Attachment B) delineates actions to implement the Strategy goals and
objectives. Multiple stakeholders and organizations contribute to the actions as one organization
alone cannot implement the strategy. Regional ownership is established by identifying Lead
Organizations that champion and guide implementation. The Matrix is a flexible tool that allows
for the introduction of new actions over the years if they align with the strategy objectives and
are represented by a Lead Organization.
EVALUATION FRAMEWORK
Metrics serve three purposes: (1) measure progress towards outcomes, (2) determine if the
actions are meeting the plan’s defined objectives (impact), and (3) allow for transparent
communication on progress and impact to the broader community.
Outcomes: Within the Action Matrix, each objective has an associated outcome to determine
if the desired impact is achieved. The outcomes are measurable and where applicable, define
metrics for under-represented individuals to assess if equitable outcomes are achieved.
Benchmarks: At a broader community level, key benchmarks can be tracked and reported
annually to communicate both progress and impact. It will take several years to improve the
statistics but tracking progress will show that the region is maintaining a vital focus on the long-
term goals. Annual reporting of the benchmarks will help maintain stakeholder engagement
throughout the implementation process. Benchmarks should be compared with peer regions to
provide a stronger context for the region. Metrics and peer regions are provided in Attachment
C.
39
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org Partners
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
More small business
owners access programs
Number of underrepresented
businesses accessing
services
?????
More small businesses are
started or grown
Capital provided to under-
represented businesses ?????MOFI
Small businesses are more
likely to succeed and grow
Resource guide is created
and maintained annually.
City of
Bozeman
Remove barriers to starting
a new business
Roundtable is created and
provides recommendations
City of
Bozeman
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
More affordable child care
opportunities are available Statute(s) amended City of
Bozeman
Enhance early skills
development to prepare for
higher-education
opportunities
New programs identified and
implemented Gallatin College
Blegrade and
Bozeman School
District
Superintendents
Increase job opportunities,
particularly for under-
represented individuals,
within these industries
Report number of jobs within
the industries and percentage
of under-represented hires
Gallatin College
Blegrade and
Bozeman School
District CTE
Program Director
Resource Required***
A. Build awareness of service providers for under
represented business owners through collaborative
communication and networking strategy
B. Collaborate with capital providers to create programs
for underrepresented businesess, especially those lacking
credit and/or undocumented
D. Develop a business services roundtable comprised
of underrepresented business owners and employees, to
advise the City of Bozeman on its business friendliness for
small businesses especially owned by under-represented
individuals.
C. Create a resource guide outlining available programs
and contact information.
Objective 1.2: Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed
Action
A. Amend Explore opportunities to amend Montana
statute(s) to no longer allow HOAs to prohibit in-home
child care.
B. Evaluate gaps and needs with partnerships between
Gallatin Valley s 9-12 and higher education leaders and
industry to identify and develop opportunities for
intentional engagement of students.
C. Communicate to 9-12 students opportunities with
existing Gallatin College programs pertaining to
manufacturing, health care, and cyber-security
Action Resource Required
Resource Required***Action
GOAL 1: PROVIDE OPPORTUNITY FOR GALLATIN VALLEY RESIDENTS
Objective 1.1: Enhance the small business development ecosystem
DRAFT - EVS ACTION MATRIX - DRAFT
Leverage existing
DRAFT for discussion purposes only
1 of 5 40
Build awareness of future
career opportunities to
access living wage jobs
High-school graduation and
dropout rate, including under-
represented students
Blegrade and
Bozeman
School District
Gallatin College
and MSU
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
Increase participation of
rural residents
Number of completed
certifications
City of
Bozeman
MSU Extension
Center
GV businesses access
talent in surrounding rural
communities
Number of businesses in GV
hiring rural workers
MSU Extension
Center
Increase job opportunities
and improve energy
efficiency of building stock.
Number of skilled HVAC
construction workers in
Gallatin Valley
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
Continued investment and
development of the
quantum computing
industry
New biotechnology
companies are started Biotech lab space is created.
Biotech
companies and
TTO
B. Create specific workforce development programs in
construction, especially in heating, ventilation, and air
conditioning (HVAC) systems, to provide the workers
needed to improve the efficiency of existing and future
building stock. Create and support specific workforce
development programs in building sciences (construction
trades) specializing in green technology
Action Resource Required***
Objective 1.3: Improve access to career opportunities for local and surrounding rural residents
A. Promote the new Montana State University's
Extension Center Master Remote Work Professional
Certification that provides training for rural residents.
GOAL 2: SUPPORT A DIVERSE ECONOMY
Objective 2.1: Focus on traded sector industries that are emerging and can increase exports - what does this mean how about Gross Regional Product (GRP)?
B. Support development of biotechnology lab space at
Innovation Campus
Action Resource Required***
A. Enhance Spectrum Labs facility at MSU to support
quantum computing R&D and the development of a
quantum supply chain
C. Develop virtual small business development
programs for rural residents and those that speak English
as a second language
D. Engage middle school students, teachers and
administrators (6-8 grades) in career opportunity
conversations.
A. Create a platform or virtual exchange for Montana
Residents to connect with GV companies seeking remote
workers
DRAFT for discussion purposes only
2 of 5 41
Continued investment and
development of the
quantum computing and
biotech industries
Strengthen manufacturing
supply chain
Develop awareness of
climate tech companies
and begin to support their
growth
List of companies and
defined needs is created.
Businesses meet to share
interests and collaboration.
1
yr.
2
yr.3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
x X Training facility provides
the necessary workforce Training facility is built Gallatin College
E. Develop a Climate Technology industry group
(includes data analytics, building trades, etc.) to define
existing companies, barriers to growth, and workforce
needs
D. Increase amount of machine shops
C. Enhance relationship with state leadership to foster
investment in quantum computing and biotechnology
Digital Film Industry? Mark recommendation
Increase support and resources for the following traded
sectors: Photonics, Quantum Computing, Biotechnology,
Software/IT Services, Outdoor Equipment, Specialty
manufacturing, and Climate Tech
Same as above? Support development of a purpose built
campus supporting the building sciences at Gallatin
College
Support the development of professional alliances in the
traded sector industries, i.e. MPIA
Draft and distribute a HOW TO Guide for establishing a
traded sector alliance
Resource Required***Action
A. Support development of the construction trades
building for Gallatin College
Objective 2.2: Enhance development of the talent pipeline
DRAFT for discussion purposes only
3 of 5 42
Student are more likely to
develop skills that help
secure jobs within
photonics
Higher-ed students
discover local job
opportunities while in
school and are more likely
to stay in Gallatin Valley
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
X Increase supply of housing
for year-round residents
City of
Bozeman
X X
Increases amount of rental
housing options for year-
round residents
City of
Bozeman
x X X
Increase supply of housing
for year-round and MSU
residents
City of
Bozeman
x X X Increase supply of housing
for GV workers
City of
Bozeman
X Increase opportunities to
access home ownership
City of
Bozeman and
MOFI
GOAL 3: BUILD A MORE RESILIENT REGION
Objective 3.1: Increase amount and access to housing for all
Resource Required***Action
A. Enforce and evaluate current Short Term Rental
(STR) policy and impact on existing housing supply
C. Develop programs at Gallatin College and MSU that
provide internships or job opportunities with local
companies throughout a student's tenure
B. Build awareness of photonics industry across
community and middle/high school students
First Security Bank Housing Fund
B. Develop a vacation Explore a second-home vacancy
policy.
C. Explore building more, and creative use of existing,
housing on MSU campus, i.e. non-traditional use of dorms
and other student housing when MSU is out on break,
construction some type of residential use at the MSUIC
E. Promote housing down payment assistance program MOFI
D. Explore building more housing through a co-
operative agreement amongst private businesses First Security Bank Housing Fund
DRAFT for discussion purposes only
4 of 5 43
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
Reduce water consumption
to extend the use of a
limited supply of water
City of
Bozeman
Provide more housing at a
lower price with reduced
costs for infrastructure
expansion
City of
Bozeman
Provide residents diverse
travel options alternative to
a car when appropriate
City of
Bozeman
1 yr 2 yr 3 yr 4-5 yr 6-10 yr Priority Outcome Metric (how to measure)Lead Org*Partners**
Develop new agriculture
practices that reduce water
consumption and conserve
soil integrity
Hub is created
MSU
Department of
Agriculture
Reduce greenhouse gas
(GHG) emissions by
reducing use of fossil fuel
Northwestern Energy fuel
source ???
Develop new technologies
to help community adapt to
impacts of climate change
Number of new climate tech
companies created MSU TTO
C. Support City of Bozeman's investment in multi-modal
transportation options, including strategies to charge for
parking
C. Work with MSU TTO to intentionally foster Climate
Technology companies Something about leveraging tech
transfer at MSU to enhance the green tech economy?
Resource Required***Action
Resource Required***
A. Increase support and awareness for the existing City
of Bozeman water efficiency program
B. Support proposed changes to Bozeman Zoning code
to allow for smaller housing units on smaller lots
B. Work with Northwestern Energy to foster
development of non-fossil fuel energy production
A. Support MSU Agriculture Department initiative to
create innovation hub for Western US that aligns research
with agriculture producers and advances precision
agriculture
Action
Objective 3.3: Foster a culture focused on climate change resilience
Objective 3.2: Develop a sustainable city
DRAFT for discussion purposes only
5 of 5 44
Memorandum
REPORT TO:Economic Vitality Board
FROM:City Manager's Office
SUBJECT:Belonging in Bozeman: Introduction to the Equity & Inclusion Planning
Process Work Session
MEETING DATE:July 6, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider, discuss, and provide guidance to staff on the work session
questions - No formal action taken at this time
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:Staff have begun the initial steps to begin developing the city's first Equity &
Inclusion Plan. This work session will include:
An overview of the city's existing and ongoing equity & inclusion
efforts
How that work will be continued through the new plan
Recent and current efforts
Scope, purpose, timeline of the plan
Next steps
Discussion questions
Several supporting documents are included in this item below including the
Request For Proposals to hire external consultants to support this effort, as
well as the timeline and team roles document guiding the Belonging in
Bozeman Core Team work.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:$50,000 has been budgeted in the City Manager's budget for FY23
Attachments:
RFP Equity and Inclusion Plan 062122 final.pdf
Equity and Inclusion Plan Timeline and Roles 04072022.pdf
EV Board 07062022.pdf
Report compiled on: June 30, 2022
45
Page 1 of 17
REQUEST FOR PROPOSALS (RFP)
EQUITY & INCLUSION PLAN
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
June 2022
46
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to develop
the city’s first equity & inclusion plan.
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFP title,
company name and due date/time. File sizes greater than 25MB in size may be uploaded to
bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the
respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is
separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by July 22nd at 4pm MST. It is the sole responsibility of
the proposing party to ensure that proposals are received prior to the closing time as late
submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
47
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Dani Hess, Community Engagement
Coordinator, dhess@bozeman.net.
DATED at Bozeman, Montana, this June 22, 2022
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, June 26, 2022
Sunday, July 10, 2022
48
I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from firms to undertake the development of
an Equity and Inclusion Plan to ensure that all residents, visitors, and City of Bozeman employees
can thrive regardless of their race, identity, or life circumstance. Consultants will help guide the
work of the Belonging in Bozeman Core Team, facilitate community engagement with partner
organizations and community groups, and develop recommendations for policies, programs, and
practices. The plan will be guided by the City’s Equity Indicators Project that identified inequities
in the community and at the organization through data collection and community engagement.
The Owner intends to enter into a contract with the selected firm or team of consultants to
develop an Equity & Inclusion plan. Work will take place over the next 16 months (July 2022 to
October 2023). An overview of the expectations and project objectives is provided below:
Project Objectives:
• Equity & Inclusion Plan:
o Develop a narrative that tells Bozeman’s history as it relates to diversity, equity,
and inclusion
o Develop a logic model that summarizes the vision, outcomes, equity indicators,
actions, resources needed, and who is accountable (internal departments and
external partners)
o Review, assess, and build on existing equity & inclusion efforts at the City including
the Inclusive City Report & Recommendations (May 2022 Update), the Equity
Indicators Report, and Engage Bozeman framework
o Develop an equity analysis tool to apply to future City programs, policies, practices
• Community Engagement:
o Engage internal staff, directors, leadership, Economic Vitality Board, and City
Commission
o Engage external partner organizations, agencies, and community members
through accessible, inclusive, and innovative means
o Foster community support for ongoing equity action planning and implementation
o Develop a recognizable identity or brand for the City’s ongoing equity action
planning efforts
• Implementation:
o Help the City build internal capacity and strengthen external partnerships to
implement the plan
o Develop decision making tools for City departments and local partners to use as
they evaluate equity impacts of policies, programs, practices
o Promote county-wide and regional diversity, equity, and inclusion interactions
and growth amongst various stakeholders
49
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
In June of 2020, City staff conducted an internal review of existing policies, procedures, training
protocols, and hiring practices as they relate to diversity of the City’s current workforce (Inclusive
City Report July 2020). The review resulted in 24 recommendations to further diversity and
representation of the community in its workforce, anti-discrimination in its policies and practices,
and continual improvement in the delivery of equitable services. A key recommendation from
the review is to develop a City Equity & Inclusion Plan to guide efforts that ensure all persons in
Bozeman thrive regardless of race, ethnicity, gender identity, ability, or socioeconomic status.
In February-July 2021, a data collection effort engaged community members and local agencies
to identify and characterize inequities in our community through the Equity Indicators Project in
2021. The City of Bozeman hired Thomas P. Miller & Associates (TPMA), an Indianapolis-based
consulting firm, to measure equity and access to resources in the City.
The development of the indicators and gaps analysis relied on input from the community through
a survey, facilitated conversations in focus groups, virtual one-on-one interviews, and two
community forums. Data from the census and from local community needs assessments and
other programmatic documents were also reviewed. Fifty seven recommended indicators were
developed with data from the City of Bozeman, Census, American Community Survey, and local
organizations in healthcare, education, housing, childcare, and crisis response. These indicators
will guide the development of the Equity & Inclusion Plan to track progress in addressing
inequities and gaps and provided transparency and accountability to the public.
In October 2021, the Community Roundtable on Equity & Inclusion was hosted in partnership
with the Montana State University Office of Diversity & Inclusion, Montana Racial Equity Project,
Bozeman School District, and Bozeman Health. The 2.5 hour virtual event was attended by over
120 community members and leaders of local organizations. The event covered the data with a
presentation of equity indicators, made space for the voices of three local storytellers who shared
their lived experiences, and sparked discussion among attendees about how we can all contribute
to closing the gaps in our community and partner in the process of developing a city-wide Equity
& Inclusion Plan.
50
In April 2022, The Belonging in Bozeman Core Team was developed through a recruitment and
application process that resulted in a diverse team of 20 City staff. All City departments are
represented on this team with individuals from varying levels of leadership, work areas, ages,
racial, ethnic, and gender identities. The Belonging in Bozeman team will guide and conduct the
Equity & Inclusion planning process.
Over the next 16 months (July 2022-October 2023), the City will develop and adopt a
community-wide Equity & Inclusion Plan to close the gaps characterized in the Equity Indicators
Project.
The City of Bozeman is seeking a consultant team who has technical expertise in analyzing,
facilitating, and implementing diversity, equity, and inclusion efforts for governmental
institutions and municipalities. A successful consultant team shall demonstrate experience in
writing plans related to equity and inclusion, assessing public and private stakeholders through
various methodologies of engagement, analyzing existing diversity, equity, and inclusion plans,
documents, and assessments, developing goals, objectives, and policies for equity and
inclusion, and fostering implementation of various equity and inclusion initiatives on a local,
county, and regional level.
The successful consultant team will understand the history of governmental-led equity and
inclusion efforts within the United States with emphasis on the unique history of Montana,
Gallatin County, and the City of Bozeman. The consultant team must also demonstrate equity
and inclusion expertise to advise the Belonging in Bozeman Core Team, Economic Vitality
Board, City Commission, and other community members, on the intersection of these efforts,
existing inequities, and the City’s vision and role in filling these gaps. They will have the
competency to suggest, analyze and create an Equity and Inclusion Plan. Demonstrated
knowledge of diversity, equity, and inclusion efforts across organizations in the Bozeman
community and understanding of local issues is beneficial.
III. SCOPE OF SERVICES
Task 1. Finalize the project approach, scope, and schedule with the City of Bozeman
project leads. This will include an outline of City and Consultant responsibilities as related to
project management:
• Primary points of contact for City team and Consultant team;
• Project schedule/milestones;
• Meeting cadence, responsibility for meeting facilitation, developing agendas, taking
and distributing notes and action steps
• Final deliverables for the Equity & Inclusion Plan:
51
1. Copy of the Equity & Inclusion Plan document in word and final pdf format,
including a logic model outlining vision, outcomes, actions, timeframe,
accountability, and performance measures
2. Copy of branded slide deck for communicating the plan’s development,
contents, and implementation for use internally and in the community
3. Equity impact and decision making tools or worksheets
4. Summary of community engagement efforts, tools and techniques used, and
list of community groups involved
5. Recommendations for implementation of the plan
Task 1 a) Background research and review of example plans
• Review the City of Bozeman’s existing planning documents and equity &
inclusion efforts including the Inclusive City Report & Recommendations (May
2022 Update), the Equity Indicators Report, and Engage Bozeman framework.
• Review example plans and resources from:
o GARE
o Boulder, CO
o National League of Cities repository of Racial Equity Policies and
Decisions
Task 2. Create an Equity & Inclusion Plan.
The Equity & Inclusion Planning process will include facilitation and leadership of working
groups within the Belonging in Bozeman team, City departments, and among groups of
external partners through the engagement process. These working groups will help create
the vision for the plan, desired outcomes, and research recommended actions. Groups will
use equity indicators and recommendations from the Equity Indicators Project to identify
ways in which relevant services, practices, policies, or programs can help close the gaps and
address gaps & inequities. Root cause analyses, racial equity tools, or other assessments of
impacts in policy and decision making may be used in this process.
The plan will follow the Government Alliance on Race & Equity (GARE) model for results-
based accountabilty in equity planning. It will include:
• Vision, outcomes and/or results we hope to achieve in the organization and
community
• Equity indicators needed to measure success
• Actions to achieve the outcome (ie: new or changes to programs, policy, practices,
procedures, resource allocation)
• Timeframe, resources needed, and who/which department or community partner is
accountable
52
• Progress indicators to track and report action steps
Task 2 a) Community Engagement
Community engagement is also a focus of the City’s equity and inclusion efforts which is
an essential component of the Equity and Inclusion Planning Process. The consultant
team will work with staff and Belonging in Bozeman team members to develop and
implement a community engagement plan. The community engagement plan will follow
the principles outlined in the City’s Engage Bozeman framework. It will include:
• Opportunities for all to participate
• Intitatives to build and strengthen existing and new relationships, and foster trust
• Increased capacity to engage with leaders and individuals in marginalized
communties
• Interactions with internal staff, leadership, Economic Vitality Board, City Commission
• Local & regional agencies and organizations
• Interactions with external partners, the broader community, and members of
underrepresented groups (ex: BIPOC, LGBTQ+, people with disabilities)
• Emphasis on relationships with community groups and partner organizations
through the development and implementation of the Equity & Inclusion Plan.
Engagement efforts may include transactional approaches (community provides
information, input, feedback for the city to use), and emphasize relational approaches
(mutually beneficial and aiding in efforts to reach the goals of community partners and
individuals).
Task 2 b) Recommendations for implementation
Provide a recommended approach or framework for coordinating efforts across internal
City Departments as well as across external partners and organizations to facilitate
continued collaboration and progress.
IV. PROPOSAL REQUIREMENTS
Consultant teams interested in providing the services described above are requested to submit
the following information. Responses to each item should appear in the same order as in this RFP
and should identify the item to which the responses applies.
a. Title Page
The title page shall include the name of the firm(s), address(es), contact(s), telephone
number(s) and email address(es) to contact for information regarding the proposal.
b. Executive Summary
This section shall provide an overview of the proposal and the Respondent’s
understanding of the City’s needs. The summary should also include any experience the
Respondent wishes to highlight, as well as any relevant conditions or restrictions.
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c. Firm and Team Member Profile(s)
Provide information about firm(s), including:
• Location, number of employees, and ownership.
• Describe the firm’s history. Include information on how many years the firm has
worked in this topic area. Identify the firm’s annual volume of business, and
speak to the firm’s current workload.
• Brief resumes shall be provided for each key project individual (no longer than
one page). Any proposed subcontractors should be clearly identified and their
profiles described.
• Primary contact information for each firm including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
d. Scope of Project
Provide a detailed narrative of the services proposed if awarded the contract per the
Scope of Services outlined in Section III.
• Provide a statement of your understanding of the services needed and a high-
level general description of your proposed approach to tasks outlined in the
scope of services.
• Provide detailed work plan outlining each required task necessary for completion
of the consulting services described. This should include a general project
schedule that identifies all tasks, activities, deliverables, and milestones
Respondent proposes to carry out for the project and a time of completion
(measured from project start date) for each.
• In addition to the specific service proposals specified above, identify and/or
recommend any additional or innovative services and products provided by your
firm that may be related to or helpful to a comprehensive Equity & Inclusion Plan
of this nature. If there is a better way for the City to package or define the
services that it has requested herein in order to obtain better pricing and/or
service by making it easier for the selected contractor, please explain what
modifications would be necessary to achieve such better pricing and/or service.
e. Related Experience with Projects Similar to the Scope of Services
If more than one firm is included in the response, specify which firm brings the relevant
experience as requested in scope of services. If all firms have relevant experience in a
given item, each firm may provide a response.
• Describe firm’s experience working with public agencies and/or larger
organizations (over 300 employees) to develop equity action plans.
• Describe firm’s approach to organizational change as it relates to equity &
inclusion. What frameworks, theories, or models will the firm draw from?
• Describe firm’s approach to conducting inclusive public engagement and building
trust with underrepresented populations. What skills, assets, tools or techniques
does the firm have experience using successfully?
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• Describe how the firm exemplifies the principles of equity, inclusion, and
belonging in their organization.
• Describe firm’s experience crafting engaging and visual representations of data,
processes, and branded identities for projects or initiatives. Please include
relevant visual examples in the proposal.
f. References
Please provide name and contact information for three references for similar projects
completed in the last two years.
g. Budget
The budget for this proposal is not to exceed $50,000, therefore applicants are invited
to submit proposals with the tasks prioritized to aid the City in working together with
the selected firm to identify and implement core tasks within the budget available for
this project. In your response to this proposal, please provide the following:
• Estimated Hours by Task: Provide estimated hours for each proposed task by job
title and employee name, firm, including the time required for meetings, conference
calls, etc.
• Cost by Task: Provide the cost of each task identified in the Scope of Proposal
section detailed by employee/job position and number of hours. Provide a total not
to exceed figure for the Scope of Proposal. Price all additional services/deliverables
separately.
• Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm
for at least one (1) year from the date of the Agreement. The fee schedule will be
used as a basis for determining fees should additional services be necessary. A fee
schedule for sub-consultants, if used, shall be included.
h. Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Sunday, June 26th
Sunday, July 10th
Deadline for receipt of proposals Friday, July 22nd
Evaluation of proposals July 25-29
Interviews (if necessary) and Selection of
consultants
TBD
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With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by Friday, July 22nd at 4pm
MST. It is the sole responsibility of the proposing party to ensure that proposals are received
prior to the closing time as late submittals will not be accepted and will be returned unopened.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 5:00PM MST on Wednesday, July 13.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Dani Hess, Community
Engagement Coordinator, dhess@bozeman.net, 406-582-2274.
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
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IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
• [50 points] Qualifications of the Firm and team members, Proposed work plan as per
Scope of Services; Budget
• [40 points] Related Experience with Projects Similar to the Scope of Services; References
• [10 points] Completeness of Proposal Requirements
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment B.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
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D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
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agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
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END OF RFP
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Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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Belonging in Bozeman – Equity & Inclusion Plan Timeline & Team Roles
2022 Tasks, events
April - Training (Workshop 1/4)
- First meeting! (Background, project introduction, getting to know each other) - Reviewing Inclusive City Reports, Equity Indicator Report, additional resources
May
- Identifying work areas/teams - Community Engagement Planning - Training (Workshops 2,3,4) - Research other communities, reviewing existing resources, summarize, discuss findings
- Update to Economic Vitality Board July 6th - Work Session with City Commission July 19th
June
July
August - Define problems, Identify root causes - Connect data (Equity Indicators) - Bring in local experts/consultants - Begin community engagement - Update to Economic Vitality Board
September
October
November
- Continue community engagement - Create vision/results - Connect data (Equity Indicators) - Define Outcomes
- Draft actions
- Update to Economic Vitality Board
December
2023
January
February
March
- Map resources, estimate timelines associated with actions - Continue community engagement - Present preliminary draft of the plan with internal departments,
directors, City Commission, community partners
- Update to Economic Vitality Board
April
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May
June - First round edits of draft plan - Present final draft of the plan with internal departments, directors, City Commission, community partners - Update to Economic Vitality Board
July
August
September - Economic Vitality Board final presentation and recommendation - City Commission final presentation and adoption October
YOUR ROLE as a Belonging in Bozeman Core Team member:
Core Team members will use their personal and professional strengths and areas of expertise
throughout the process of developing a city-wide Equity & Inclusion Plan.
Some team members may help design and implement community engagement efforts, others may focus
on internal coordination with city departments and staff. Each team member will help communicate
back to colleagues in their department about the effort.
Core Team members will help do research on other communities’ plans and bring ideas forward about
actions we can take in Bozeman. Core Team members, along with consultants and community partners,
will help establish a vision, goals, outcomes, and actions for the Equity & Inclusion Plan.
The Equity & Inclusion Plan will help us make Bozeman a more inclusive place to work, improve
equitable delivery of City services, and guide collaboration with local organizations to make Bozeman a
place where we all belong.
EXPECTATIONS of Belonging in Bozeman Core Team members:
Supervisor approval and ability to commit about 10 hours a month over the next 18 months to
attend regular meetings, work on planning efforts, and actively participate in trainings;
Commitment to building a compassionate, fun, and productive team dynamic;
Humility, curiosity, and motivation to grow knowledge and understanding of equity issues;
Communication skills and willingness/ability speak to a variety of audiences about our efforts;
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Group Agreements:
- W.A.I.T.—Why Am I Talking? W.A.I.N.T. - Why Am I NOT Talking? There needs to be space for
disagreement, discomfort, maybe even conflict because of differing perspectives. Give space for
silence
- Make Space, Take Space—help balance the contributions of the very verbose, and of the folks of
few words
- Confidentiality—take the lessons, leave the details;
- Be open to learning; many things can be true all at once depending on your experience; it’s
especially important to listen to AND BELIEVE when people share their truth or perception
- Call people in; Accountability, humility, grace; people’s perceptions or opinions do not reflect
their value as a human
- Be open to someone else speaking toward your experience; relatability; advocacy
- Building, not selling—when you speak, converse, don’t pitch; listen for the sake of listening, not
so you can formulate a response; Conversing to understand each other not to coerce each other
- Yes/and, both/and; no/and
- Value the process as much as, if not more than, you value the outcomes; what is our
experience? Mindfulness, presence allows room for creativity, creation of something together.
- Assume positive intent; acknowledge impact; we are all responsible for our own understanding
and awareness;
- Self care and community care—pay attention to your body, pay attention to your neighbors
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Economic Vitality Board -January 5, 2022
Belonging in Bozeman
Intro to the Equity & Inclusion Planning process
66
•Highlight recent efforts
•Overview of Equity & Inclusion Planning
process
•Board discussion on guiding questions
Overview
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•Bozeman became a City for CEDAW
•Established and recognized Juneteenth
•Established Indigenous People’s Day
•Established an LGBTQ+ Liaison to the City
Manager’s Office
•180 staff participating in four-part workshop
series on the foundations of diversity, equity,
inclusion, and belonging
Recent efforts
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•Adopted FY23 Budget supports Equity &
Inclusion Plan
•Created the Belonging in Bozeman Core
Team
•Published RFP to hire consultants to
facilitate the development of the Equity &
Inclusion Plan
Recent efforts
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Continuing the Inclusive City Work
•City Commission directed staff to review
city policies and procedures in July 2020
•24 actions items
•Guided by Inclusive City Core Team
•Remaining items will be included as action
items in the new plan
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Completed In Progress/Ongoing Not Yet Started
Quarterly Progress Reports Training for elected officials and
department heads
Conduct employee engagement
surveys
Sponsor a DEI summit with
Community partners
Develop an Equity and Inclusion Plan Review process for anonymous
complaints
Member of Government Alliance on
Race & Equity
Accelerate Implementation of Body
Worn Cameras
Broaden Police Department
community outreach events
Update to “Bias-Free Policing” Policy Implement training for all city staff Update Hiring Practices Policy
Update Use of Force Policy Review employee performance
appraisal system
Review and update the language and
images for advertising open positions
Police Department -Clearly distinguish inquiries from complaints Review best practices against THRIVE and Municipal Equality Index
Police Department -Create a stand
alone citizen complaint policy
Training for Police Department on
diversity, inclusion and interaction
with minorities
Evaluate diversity and inclusion on
advisory boards
Training for Police Department on
Use of Force
NEW Make diversity a formal and
high priority for the organization
Police Department -Refine the
complaint investigative process
NEW Evaluate best practices for
hiring and recruitment
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Belonging in Bozeman Core Team
•20 staff representing all departments, varying
levels of leadership, work roles, and identities
•Responsible for developing the plan alongside
consultants
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Photo caption: Equality is when everyone has access to a bicycle. Equity is when everyone is able to benefit from having access to a bicycle because the design of each bicycle meets their unique needs.
Establishing shared language
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Establishing shared language
•Diversity:Variation and difference across individuals in a
group, organization, or community. A group can be
described as diverse when it is made up of individuals of
varying characteristics.
•Ex: race, ethnicity, language-spoken, nationality, cultural
identity, spiritual practice, age, gender identity, gender
expression, sexual orientation, ability, and income or
socioeconomic status.
•When we strive for diversity, we honor the richness,
value, and benefits of bringing people with different
perspectives, identities, and experiences together.
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Establishing shared language
•Inclusion:What we do with diversity.
•An individual, group, organization, or community is
inclusive when differences and variation are leveraged
and celebrated.
•When we strive for inclusion we are aware of how our
words, actions, and beliefs impact others. Inclusive
spaces are those in which people are respected, heard,
and feel like they belong, even when they hold different
identities, experiences, or perspectives from each
other.
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•Tell the story of equity and belonging in
Bozeman
•Engage city staff, partner organizations,
agencies, and community members
•Establish a vision and desired outcomes,
connect equity indicators, actions, resources
needed, and define accountability
•Stand up a framework for coordinated
implementation of the plan
Scope and purpose
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•April 2022: Belonging in Bozeman team kick-off
•May-July: Select consultants, background research
•August-October: Community engagement plan, root cause analysis
•Nov-Feb 2023: Community engagement, establish vision, desired outcomes
•March-May: Draft actions, identify responsibility, resources, timelines
•June-August: Internal draft review, first round edits, EV Board review
•Sept-Oct: EV Board final presentation, recommendation to CC for adoption, CC adoption
Developing the plan
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•City Commission work session July 19th
•RFP closes July 22nd
•Review and select consultant early August
Next steps
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•What input does the board have on engaging key
groups in our community and key organizational
and regional partners?
•Does the board support the scope and purpose of
this effort?
Work session questions
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Memorandum
REPORT TO:Economic Vitality Board
FROM:David Fine, Economic Development Manager, Development & Housing
Renata Munfrada, Community Housing Program Coordinator
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:July 6, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Economic Vitality Board Recommended Motion: Having reviewed and
considered the staff memo, draft ordinance, public comment, and all
information presented, I hereby 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:As an established and growing city, Bozeman's zoning districts need to create
new housing opportunities in both established neighborhoods and on vacant
land near the edges of the city. By refining the menu of zoning districts to
better reflect the types of places described in the Community Plan, and by
creating new districts that more accurately reflect desired types of
development approval processes go more smoothly, and be prepared for
annexation as those are proposed by local property owners.
The new Planned Development Zone (PDZ), replacing the current Planned
Unit Development (PUD), would simplify current regulations, re-orient them
towards housing affordability, and allow negotiated approval of innovative
housing projects by the City Commission after a public hearing. Revisions to
the existing PUD ordinance allow for maximum flexibility for larger projects
that benefit the community.
Ordinance 2104 lays out the creation of a new custom zoning district (PDZ)
and associated land development standards that apply only to that one sire.
Administrative departures may be incorporated into the PDZ approval
process. Departures allow the city staff to approve development that meets
a less restrictive standard than usually applies to building homes. The intent
of this amendment is to make it easier to construct homes to support a
broad range of housing options in Bozeman.
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UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Economic Vitality Board.
FISCAL EFFECTS:None at this time.
Attachments:
PDZ Ordianance EV Board Memo 07.06.22.pdf
Economic Vitality Board Q&A.pdf
Ordinance 2104 Planned Unit Development 6-8-2022.pdf
Notice of Public Hearing Planned Development Zone.pdf
Report compiled on: June 30, 2022
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Memorandum
REPORT TO: Economic Vitality Board
FROM: David Fine, Economic Development Manager, Housing and Development
Renata Munfrada, Community Housing Program Coordinator
SUBJECT: Planned Development Zones Work Session
MEETING DATE: July 6, 2022
AGENDA ITEM TYPE: Policy Discussion
RECOMMENDATION: Having reviewed and considered the staff memo, draft ordinance, public
comment, and all information presented, I hereby recommend approval of Ordinance 2104.
Bozeman Code Audit
The Bozeman Community Plan makes clear that although Bozeman is very focused on improving the
affordability of housing, it remains thoroughly committed to the quality of buildings, neighborhoods,
and life for all of its residents. Additionally, in the Bozeman Strategic Plan, Section 4.2, “High Quality
Urban Approach,” for example, clarifies that the City will continue to support high‐quality planning,
ranging from building to neighborhood layouts.
The purpose of the Bozeman Code Audit is to enact changes that the City could make to the Unified
Development Code (UDC), zoning map, and development review process to remove regulatory barriers
to the creation of affordable housing. The code revisions are intended to support the implementation of
the Bozeman Community Plan and the Bozeman Community Housing Action Plan.
The incorporation of these community plans with affordable housing objectives into the UDC is done
through two ways: 1) the creation or amendment of development standards (e.g., lot dimensions,
permitted uses, required design elements), and 2) through the application of housing policies in the
review of site and structure design during the application process.
The full Affordable Housing Code Audit project has been divided into four parts, each of which takes a
different look at how Bozeman regulates housing. It is intended to work in conjunction with: 1) edits to
the current Planned Unit Development (PUD) regulations, 2) proposed revisions to the Affordable
Housing Ordinance (AHO) in light of recent statutory changes approved by the Montana State
Legislature, and 3) a proposed list of new Departures for Affordability to be added to Title 38.
Clarion presented a synopsis of the Bozeman Code Audit to the Economic Vitality Board on March 2,
2022. Followed by a high level overview of the “shallow” and “deep” incentives outlined in the
upcoming Affordable Housing Ordinance on April 6, 2022.
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Administrative Departures
The first measure of the Affordable Housing Code Audit are Administrative Departures. Departures
create a new tool for additional flexibility in applying the City’s development standards for housing.
Departures allow the city staff to approve development that meets a less restrictive standard than
usually applies to building homes. Examples of departures include allowing smaller lot size, fewer
parking spaces, and flexibility in open space requirements. The intent of this amendment is to make it
easier to construct homes, especially a broader variety of types of homes, and in areas that are already
developed and suitable for infill projects.
The ordinance also creates two new definitions – missing middle and infill. Infill is a long standing
priority of the City but no formal definition of the term has previously been created. Missing middle
housing is a more recent term in the community discussion of housing but likewise, not formally
defined. As applied to the new departures, the term missing middle housing is focused solely on the
nature of the structure containing the homes and has no connection to the cost of the housing. These
amendments create a simplified review process. Use of these departures is voluntary.
The Administrative Departures were presented to the Economic Vitality Board on May 4, 2022.
Planned Development Zones
The second portion of the UDC rewrite creates new Planned Development Zones. As an established and
growing city, Bozeman’s zoning districts need to create new housing opportunities in both established
neighborhoods and on vacant land near the edges of the city. By refining the menu of zoning districts to
better reflect the types of places described in the Community Plan, and by creating new districts that
more accurately reflect desired types of development approval processes go more smoothly, and be
prepared for annexation as those are proposed by local property owners.
The new Planned Development Zone (PDZ), replacing the current Planned Unit Development (PUD),
would simplify current regulations, re‐orient them towards housing affordability, and allow negotiated
approval of innovative housing projects by the City Commission after a public hearing. Revisions to the
existing PUD ordinance allow for maximum flexibility for larger projects that benefit the community.
Public benefits may include requirements for 10% of the residential units to be affordable to rent or own
at a targeted income range.
Ordinance 2104 lays out the creation of a new custom zoning district (PDZ) and associated land
development standards that apply only to that one site. A PDZ is reviewed as a text and 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 involving required public benefits including options for affordable housing, protection of historic
structures, sustainable design, and large development.
The Planned Development Zone process does not alter the state required subdivision review process or
the site development process. The purpose of the 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;
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B. Support implementation of community plans and goals, including but not limited to the city’s
adopted growth policy; and
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.
Planned Developments Zones allow any combination of land development and design standards, as
negotiated by the developer, in exchange for public benefits such as affordable housing. The proposed
ordinance requires that rental dwellings be made available for households earning 80% or less of AMI
and for‐sale dwelling units for purchase to households earning 120% or less of AMI.
Bozeman’s housing costs are exceptionally high – largely because land costs are so high. Requiring a
lower AMI would not result in more affordable housing but would instead result in more builders
deciding they cannot produce housing at that AMI despite incentives.
The feasibility analysis provided by Clarion and Root Policy Research, prioritized maximum community
housing generation and therefore focused on higher AMI targets (100% AMI for rental and 120%‐150%
AMI for purchase). Furthermore, the forthcoming Affordable Housing Ordinance will focus on a deeper
incentives in exchange a higher percentage of units dedicated at specified levels of affordability.
The Community Development Board has reviewed and made their recommendation on the PDZ
ordinance. The core of their recommendation was to remove all the specific targets and criteria
regarding affordable housing and AMI requirements from the new section 38.430.050 (pages 32‐35 of
Ordinance 2104) and to replace it with a generic statement regarding the negotiation of parameters that
both parties agree to (e.g., City staff and the developer) in exchange for the public benefits.
The Community Development Board unanimously agreed that being too prescriptive would effectively
“bind the City’s hands” in the review process. The Board recommended that the City alternatively adopt
a commission resolution every year, thereby shifting priority items for public benefits to be more
responsive to future community needs. Specific concerns voiced included public goods such as parks,
arts, and any other prospective items that may be determined at a later date.
The Economic Vitality Board conducted an initial discussion pertaining to the proposed Planned
Development Zone ordinance on June 1, 2022 and decided to continue the discussion on July 6, 2022.
Affordable Housing Ordinance
The third segment of the code audit includes revisions to the Affordable Housing Ordinance (AHO) in
response to recent statutory changes approved by the Montana State Legislature prohibiting mandatory
inclusive zoning requirements, by creating a voluntary system as an alternative. The new AHO will
include substantial density, height, and development bonuses for affordable housing projects.
The AHO ordinance allows builders the option for larger adjustments with more significant incentives in
exchange for 100% of units at affordable rates (i.e., LIHTC projects, land trusts, Habitat for Humanity,
and other community and nonprofit partnerships) in order to make the development of workforce
housing easier and faster for those who specialize in such housing. Given the nature of these projects,
deeper levels of affordability are more attainable. Details pertaining to this ordinance are forthcoming.
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Overall Code Assessment
The UDC is a complex legal document that includes numerous standards intended for application across
various different project types. Some of these standards are subjective and repetitive, and can be
revised and updated for clarity and predictability, particularly as they apply to new development,
redevelopment, and infill housing projects. A larger, more comprehensive code review, pertaining to all
aspects of land use regulation, is beginning and is expected to conclude by the end of 2023. This will be
the fourth part of the Affordable Housing Code Audit to create and preserve affordable housing.
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Economic Vitality Board Q&A
Q – Why did we use 10% affordability?
A – The feasibility analysis provided by Clarion and Root Policy Research indicated that incentive packages with height and parking reductions could support 5% of
units affordable to 80% AMI households. The PDZ ordinance allows for deeper incentives, requested by the developer, and therefore could conceivably support a
higher percentage of affordable units.
Q – Are the incentives worth it for developers to include the affordable housing?
A – The developer can negotiate any set of code relaxations, or incentives, which would be beneficial to that unique development. These relaxations can offset the
cost of development and therefore make it financially feasible for the developer to include affordable housing in the proposed project.
Q – If we allowed all proposed relaxations, without requiring affordable housing, will this ordinance add enough additional housing to move the needle forward
on increasing overall housing supply?
A – Planned Developments Zones allow any combination of land development and design standards – not specific relaxations – as negotiated by the developer, in
exchange for public benefits such as affordable housing. Staff is recommending a minimum level of affordability that makes the time and monetary cost to the
developer and the City of negotiating a PDZ worth the effort. Developers will not use this process if it is not financially feasible to do so and meet the affordability
requirements. We are attempting to strike a balance between requiring affordability requirements. We are attempting to strike a balance between requiring
affordability and creating a useable tool to incentivize affordability.
Q – Is there a place in Section 5 of the PDZ ordinance to add the ability to cost‐share with nonprofit partners to get more than 10% affordability or to lower the
AMI range?
A – No. The PDZ process is about allowing for flexibility in the requirements for development to allow for projects to be developed more feasibly. It is not designed to
speak to the sources and uses of funds for development.
Q – What is the size and scope of Planned Development Zones?
A – Planned Development Zones (formally Planned Unit Developments) will be used when requested by developers. Their size and scope is dependent on the desire
and ability of developers to use the process. The intensity of the process is more likely to be utilized by larger developments. However, the size and scope of these
developments varies based on the project and the developer.
Q – Are you looking at making the application process less onerous?
A – Yes. The new PDZ process allows for certainty earlier in the process as the developer incurs design costs. The previous PUD process required extensive design
work and cost upfront before any certainty was obtained, which increased risk and cost.
Q – Changes in the application process seem financially different – does the current budget allow for this?
A – Fees associated with the application process have not changed, so there is no need for budget amendments. However, the PDZ process will become more
predictable as the negotiation process will happen at the beginning of the application process, therefore saving the developer time and money upfront.
Q – AMI is a skewed metric; can we recommend lower than 80% AMI?
A – Bozeman’s housing costs are exceptionally high – largely because land costs and construction costs are so high. Requiring a lower AMI would not result in more
affordable housing but would instead result in more builders deciding they cannot produce housing at lower AMI levels despite code‐based incentives. Consultants
and staff are recommending AMI levels and affordability targets that we believe will produce the largest number of long‐term affordable units, without the
application of any monetary incentives. This framework is zero sum; targeting a lower AMI level would increase the affordability of the units, but decrease the
overall number of units. Reducing the AMI target has the potential to result in no new affordable units being created. AMI metrics are obtained from the Department
of Housing and Urban Development. HUD data is considered the standard in calculating housing affordability and are typically applied consistently across housing
programs.
Q – Can we waive impact fees?
A – No. Impact fees help local communities generate revenues to pay for essential capacity expanding services such as roads, water, sewer, and fire. Montana’s state
statutes dictate that impact fees must be consistently applied to all proposed developments and cannot be waived.
Q – Are there any specific incentives that can be offered to further encourage partnerships?
A – The proposed PDZ ordinance does not specifically list incentives. Planned Development Zones allow any combination of land development and design standards,
as negotiated by the developer, in exchange for public benefits, assuming that the relaxations are feasible and preserve public health and safety. Community
partnerships will be encouraged within the context of the forthcoming Affordable Housing Ordinance (AHO). The AHO ordinance will allow builders the option for
larger adjustments with more significant incentives in exchange for 50% of units at affordable rates (i.e., LIHTC projects, land trusts, Habitat for Humanity, and other
community and nonprofit partnerships) in order to make the development of workforce housing easier and faster for those who specialize in such housing. Given the
nature of these projects, deeper levels of affordability are more attainable. Details pertaining to this ordinance are coming soon.
Q – Is staff including the City’s DE&I initiatives in our housing work?
A – Yes. The City of Bozeman will design and implement a Diversity, Equity, & Inclusion plan throughout the course of the coming year. The Belonging in Bozeman
Core Team will work on community engagement efforts and internal coordination with city departments and staff. Core Team members will help do research on
other communities’ plans and bring ideas forward about actions we can take in Bozeman. The Core Team, along with consultants and community partners, will help
establish a vision, goals, outcomes, and actions for the Equity & Inclusion Plan. The Plan will help us make Bozeman a more inclusive place to work, improve equitable
delivery of City services, and guide collaboration with local organizations to make Bozeman a place where we all belong. The Economic Vitality Board will be
presented with ongoing updates and opportunities to align the goals of the existing housing program with those of the future DE&I plan.
Q – Can we craft the PDZ to help projects like Perennial Park and Arrowleaf? Can the PDZ help workforce housing projects?
A – While PDZs are setup to incentivize the inclusion of affordable housing in projects, increasing the affordability threshold in percentage of units or to require the
use of LIHTC projects will limit who can use the tool and may actually decrease the number of affordable housing units that could be created. PDZs are a tool that
allows flexibility in the development rules in exchange for affordability. At some point, increasing the affordability threshold means that the PDZs would only be
available to developers who were also able to bring other forms of subsidy to the project, rather than encouraging the inclusion of more affordable units in all kinds
of projects. The Root Policy Research feasibility report estimated that we would get 5% affordability at 80% AMI with code‐based incentives. The PDZ ordinance
doubles that affordability target at 10%. PDZs will create a market‐based, non‐subsidy solution to our growing housing crisis. The City has limited funding sources
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(e.g., property taxes).PDZs allow the City to change the fame by encouraging affordable housing without the use of subsidies. The deep incentives approach that is
contained in the forthcoming affordable housing ordinance (AHO) is better suited to incentivizing LIHTC projects.
Q – Partnerships are key. The Perennial Park and Arrowleaf projects were developed through a partnership between HRDC, a developer, and the City. Banks are
also interested in partnering.
A – Yes, we are aware of these partnerships. It is also important to note that these projects are part of an affordable housing program monitored by the Montana
Board of Housing and are Low income Housing Tax Credit (LIHTC) projects. LIHTC is another program altogether. LIHTC is a complex tool used for the production and
preservation of affordable rental housing. Through this program, private investors receive a federal income tax credit as an incentive to make equity investment in
affordable rental housing. In order to get the full benefit from the program, the housing developments must take place in a Qualified Census Tract (QCT). Bozeman
has 2 QCTs. Most of the land within those districts has already been developed. However, the City will place an emphasis on LIHTC projects in the upcoming AHO
code update through the use of deeper incentives.
Q – The Perennial Park and Arrowleaf projects have shown that constructing units at 60% of AMI is feasible.
A – As discussed above, this is done through the use of the LIHTC program. This is a federally funded program that makes deeper levels of affordability feasible. The
forthcoming AHO ordinance will focus on deeper incentives in exchange for 100% affordable units (i.e., LIHTC projects, land trusts, Habitat for Humanity, other
community and nonprofit partnerships) in order to make the development of workforce housing easier and faster for those who specialize in such housing
development.
Suggestion: Here are some possible changes that could help increase housing at that level of affordability by easing the zoning requirements for these type of
projects.
1) Section 5, 38.220.120
Add:
H. Detail the partners engaged in the proposed development, including at least one local housing non‐profit.
I. Describe any financial request you may be making to the city, e.g., tax abatement, assistance with infrastructure costs.
J. Describe the development’s connection with city transit.
2) Table 38.430.050
Response: These are excellent questions and suggestions. Thank you. The EV Board’s commitment to the City’s affordable housing efforts is greatly appreciated. Staff
would like to assure the board that these recommendations will be incorporated into our community housing program discussions. Staff would also like to reiterate
that the intent of the Bozeman Code Audit is to enact code‐based incentives, rather than using (limited) financial incentives to encourage the creation and
preservation of affordable housing. Many of the recommendations made by this board will either be integrated into the upcoming AHO ordinance or accomplished
through programmatic housing policies if approved by the City Commission.
Ordinances are essentially local laws. They lay out a strict set of criteria that must be followed consistently across all developments within Bozeman city limits.
Mandating cost‐sharing models in partnership with nonprofits, requiring the City or other partners to provide financial incentives, or setting AMI requirements that
are too severe for the developer to reasonably achieve, would not be feasible for ordinances pertaining to municipal code.
The Economic Vitality Board will have additional opportunities to engage staff on these concept as the work progresses. For example – as a result of steady increases
in population, Bozeman now has a population of over 50,000 residents, and is no longer considered a micropolitan area. Metropolitan Statistical Areas (MSA) can
become Entitlement Cities. These are cities designated by the Department of Housing and Urban Development (HUD) to receive funds which the city is entitled to
receive under the Community Development Block Grant (CDBG) entitlement program to be used to carry out a wide range of community development actives
directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. In order to receive annual CDBG
funds, the City must develop and submit a Consolidated Plan. Over the course of the coming year the City will be writing a Consolidated Plan. Throughout the course
of this process, the EV Board will the opportunity to ensure that these elements (partnerships, funding priorities) are emphasized in that plan.
The Low Income Housing Tax Credit (LIHTC) program is another HUD program that the City of Bozeman intends to support utilizing the community housing fund, to
the extent that there are resources available. The LIHTC program is considered to be the most important resource for creating affordable housing in the United States
today. LIHTC gives State and local agencies the budget authority to issue tax credits for the acquisition, rehabilitation, or new construction of rental housing targeted
to lower‐income households. The program awards developers federal tax credits to offset construction costs in exchange for agreeing to reserve a certain fraction of
units that are rent‐restricted for lower‐income households. The Montana Board of Housing allocates federal funds to cities and counties across the state. LIHTC
Qualified Census Tracts (QCT) must have 50% of households with incomes below 60% of the Area Median Gross Income or have a poverty rate of 25% or more. There
are two QCTs in Bozeman.
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Ord 2104
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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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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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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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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
139
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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