HomeMy WebLinkAbout07-26-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Authorize the City Manager to Sign a Grant Agreement with Little Spanish Preschool for
Impact Fee Reimbursement(Jesse DiTommaso)
F.3 Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 26, 2022
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Public comments will be accepted in-person during the appropriate agenda items.
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Software(Maas)
F.4 Authorize the City Manager to Sign a Contract Amendment 7 with Sanderson Stewart for
Construction Administration and Staking for the Front Street Connector Project(Jadin)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Special Presentation
H.1 IRC Master Building Plan Review Process
I.Action Items
I.1 130 Flanders Mill Road Annexation of 1.0875 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-3 (Residential Medium Density).(Rogers)
I.2 Silo Annexation and Zone Map Amendment to Annex and Establish Residential Emphasis
Mixed Use Zoning District on 115 Acres Located Northwest of the Intersection of Davis Lane
and East Valley Center Road in Conjunction with Annexation, Application 21442(Saunders)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: July 22, 2022
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Little Spanish
Preschool for Impact Fee Reimbursement
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to sign a grant agreement with Little Spanish
Preschool for impact fee reimbursement.
STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND:The importance of early childhood education cannot be overstated. 90% of
brain development occurs in children ages 0-5, meaning the vast majority of
brain development occurs before children enter kindergarten. Quality early
childhood education helps children build a solid foundation for attention,
cognition, memory, social-emotional skills, language skills, and sensory and
motor skills. Investing in early childhood education reduces educational
gaps, economic burdens, and inequities by creating upward mobility through
opportunity. Instead of costly and marginally successful programs later in
life, quality early childhood education helps prevent the achievement gap by
building the cognitive and social skills necessary for school readiness and
eventual entrance into the workforce.
In Gallatin County, there is a shortage of 52% in licensed child care. This lack
of access creates an affordability barrier to licensed facilities that impacts
families and businesses. In 2019, the average annual cost of infant child care
in Gallatin County was $9,062. This means the typical family in Gallatin
County spends over 25% of their household income on child care annually.
For comparison, the cost of in-state tuition at Montana State University is
$7,371 per academic year. Montana businesses report a lack of child care
constrains their ability to recruit and retain qualified workers as well as
creating barriers to business growth. Bozeman falls within the “Southwest
region” of the statewide child care referral network. 70% of businesses
within the Southwest region identify child care as a priority, the highest
number in the state. Expanding access to quality child care in Bozeman can
help reduce the economic burden on families and businesses.
4
The Little Spanish Preschool is a child care facility in Gallatin County with a
mission to provide a safe and nurturing early learning environment while
exposing children to the Spanish language. In addition to a traditional
preschool education, Little Spanish Preschool provides an extensive Spanish
program designed to encourage children to explore the Spanish language
and culture. The Little Spanish Preschool is in the process of expanding from
their current facility, into a new space that will be able to accommodate 55-
60 children ages 0-5 with the supervision of 10 teachers. Providing licensed
child care for infants and toddlers will help fill a significant need in Bozeman.
The new facility at 130 Flanders Mill Road, is a wholly surrounded county
inholding. Little Spanish Preschool is in the process of annexing the parcel at
130 Flanders Mill Road into the City limits. Recognizing that annexing wholly
surrounded county inholdings, creating an equitable community, and
expanding access to quality child care all fall within broader stated City
Commission goals, the economic development department is requesting up
to $64,000 of CARES Act monies be used to pay the impact fees at the time
of annexation.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The grant is for the total amount of impact fees up to $64,000.
Attachments:
23- Grant Agreement - Little Spanish Preschool - Impact Fee
Reimbursement.pdf
2021-CCC-Gallatin-Child-Care-Fact-Sheet-5.26.2021 (1).pdf
Childcare Report 2020 MT Dept. of Labor & Industry.pdf
Report compiled on: June 16, 2022
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Little Spanish Preschool
THIS AGREEMENT is made and entered into this 26th day of July, 2022 by and between the City
of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter
and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771
(“City”) as GRANTOR and Little Spanish Preschool, a bilingual child care facility located at 130
Flanders Mill Road as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Little Spanish Preschool submitted a proposal to the City Commission for a grant for
impact fee reimbursement for the opening of a new child care facility to serve 60 children that
would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for a
public purpose benefitting the community by increasing child care facilities and services in
Bozeman; and
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to sixty-four
thousand dollars ($64,000) from Small Business Relief Fund (the “Grant”) pursuant to
the payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to sixty-four thousand dollars
($64,000) will be used by GRANTEE for the sole purpose of impact fee reimbursement as
described in the proposal submitted by Grantee to the City Commission, attached
hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. Grantee may request the Grant funds during the fiscal year ending June 30, 2023
as needed by providing proof of expenses paid. Acceptable forms of proof of
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 2
payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Any funds from the Grant not awarded during the fiscal year ending June 30,
2023 will remain in the City’s Small Business Covid Relief Fund and will be
available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of Grantee’s representations as set forth in Section 4
are true and correct, and (ii) Grantee is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in the determination
of the City, the City shall have no obligation to make payment and the City’s
determination to refrain from paying, or its inability to pay, any of the Grant
funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect Grantee’s performance under this
Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and
grant the rights granted in it; and that its performance of this Agreement shall
not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any
nature whatsoever, or violate any federal, state and municipal laws. The City will
not determine or exercise control as to general procedures or formats necessary
for GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of opening a new child care facility.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 3
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. Grantee will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local,
state and federal laws, rules and regulations which must be obtained or met in
connection with construction of the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City’s personnel policies handbook and may
not be considered a City employee for workers’ compensation or any other purpose.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement
is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds
already delivered to GRANTEE for the opening of a new child care facility.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby
expressly waives any right to claim or recover consequential, special, punitive,
lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 4
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Kristin Donald or such other individual as City shall designate
in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available,
GRANTEE may direct its communication or submission to other designated City
personnel or agents and may receive approvals or authorization from such
persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this
Agreement shall be Viviana Helvik or such other individual as GRANTEE shall
designate in writing. Whenever direction to or communication with GRANTEE is
required by this Agreement, such direction or communication shall be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction or
communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained
by City.
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 5
Should any indemnitee described herein be required to bring an action against GRANTEE
to assert its right to defense or indemnification under this Agreement or under
GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled
to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense
secure insurance coverage through an insurance company or companies duly licensed
and authorized to conduct insurance business in Montana which insures the liabilities
and obligations specifically assumed by GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and GRANTEE shall furnish to the City an accompanying certificate of insurance
and accompanying endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $1,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 6
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business
days of GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance coverage for any
reason.
12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex,
age, marital status, national origin, actual or perceived sexual orientation, gender
identity, physical or mental disability, except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex distinction.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay
Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE will provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 7
addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s
office no later than 90 days after the meeting. These minutes shall be posted and
made available to the public by the City Clerk’s office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a
closed meeting shall also be provided to the City Clerk’s office but shall be handled
in accordance with the City Clerk’s regular executive session protocol and kept
private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in GRANTEE documents is
protected by law from disclosure, GRANTEE may seek a determination of the City
Attorney at no cost to GRANTEE. Such request and determination shall not create
an attorney-client relationship between GRANTEE and the City.
14. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
15. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
16. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 8
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
17. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
18. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or
entity.
19. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
20. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event
of any subsequent default or breach.
21. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
22. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager
City of Bozeman
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FY 2023 Grant Agreement – Little Spanish Preschool
Page 9
_______________________ Date: __________
Print name and Title:___________________________
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
14
FY 2022 Grant Agreement- Little Spanish Preschool Exhibit A
Exhibit A
Grant Proposal
15
Little Spanish Preschool, Viviana Helvik
410 Westgate Ave., Bozeman, MT 59718
lsp.bozeman@gmail.com
406-579-1443
May 25, 2022
Dear City of Bozeman,
Little Spanish Preschool is requesting grant funding for all impact fees associated with the
annexation for our newly renovated Early Childhood Learning Center, located at 130 Flanders
Mill in Bozeman, Montana. The Little Spanish Preschool center when running at full capacity
can accommodate 10 workers/teachers and approximately 55-60 students.
Please reference the formal grant application for specific agreements and requirements. If you
have any questions or concerns please do not hesitate to reach out to me. Thank you for your
time and consideration.
Cordially,
Viviana Helvik
Director/Owner of Little Spanish Preschool
16
Little Spanish Preschool
Bozeman, MT
Give your child a gift of a lifetime.ENROLLING NOW!
Viviana Helvik ● lsp.bozeman@gmail.com ● 406-579-1443
17
53%
47%
52%
48%
CHILD CARE AND
THE COMMUNITY
Quality child care is safe, stimulating, and provides a loving environment in which
children mentally and physically thrive. Long-term benefits include increased school
readiness, healthy eating habits, advanced verbal and intellectual skills, social and
emotional skills, and a strengthened future workforce for our community.
WHAT IS QUALITY CHILD CARE?
OVER 90% OF BRAIN DEVELOPMENT OCCURS BETWEEN AGES 0-5.
47%
Licensed child care in
Montana meets only about 47
percent of demand, leaving
over 20,000 children without
licensed care
52%
Gallatin County has a
shortage of 52% in licensed
child care, leaving many
families with illegal or unsafe
options for their children.
1 out of 5
Montana is 1 out of 5 states
in the U.S. that fails to meet
even 1/2 of the potential need
for child care.
Gallatin County
WHAT IS THE COST OF CHILD CARE?
Child Care is considered affordable when it takes up 7% or less of a household's income. In
Montana, a typical family in Gallatin County spends over 25% of their income on child care
for one infant and one toddler.
$9,062
Per infant (ages 0-2)annually
$8,365
Per child (ages 3-5)annually
18
Sources:https://childcareawarewa.org/employers/https://www.epi.org/child-care-costs-in-the-united-states/#/MThttps://www.americanprogress.org/issues/early-childhood/reports/2019/03/28/467488/child-care-crisis-keeping-women-workforce/https://static1.squarespace.com/static/5c90fe4716b640613581ddff/t/5ceed961e2c48379c66cc372/1559157090011/Family+Forward+Montana+Business+Practices_REVIEW+VERSION+.pdfhttps://montanafreepress.org/wp-content/uploads/2021/05/DLI_ChildcareReport2020.pdfhttps://datacenter.kidscount.org/data/customreports/4279/anyhttps://tootris.com/edu/blog/news/oped-we-need-to-reimagine-a-more-family-friendly-workplace-5-21/This project is funded (in part) under a contract with the Montana Department of Public Health and Human Services. The statements herein donot necessarily reflect the opinion of the Department. (Document Updated by CCC 5/27/21)
84%
16%
53.8%
46.2%
58%
42%
IMPACT OF HIGH COSTS ON FAMILIES
CHILD CARE AND THE WORKFORCE
901 NORTH BENTON AVENUE, HELENA MT
1143 STONERIDGE DRIVE, BOZEMAN MT
(406) 587-7786 | (800) 962-0418
CCCMONTANA.ORG
Unmet child care demand is both a cause and effect of the state's workforce shortage. High
cost, limited availability, and inconvenient program hours are all challenges that are
driving parents out of the workforce.
CONTACT US FOR MORE INFO AND RESOURCES!
CHILD CARE CONNECTIONS
AFFORDABILITY MINIMUM WAGE WORKERS SINGLE MOTHERS
16.5%28WKS 42%
An estimated 42% of single
mothers with children 0-5 have an
annual income of $17,000 or less.
Infant care for one child costs a
parent making minimum wage
about 28 weeks worth of wages.
In MT, an average family pays
16.5% of their annual income for
child care for one child.
40%of MT's businesses report difficulty
recruiting or retaining qualified
workers due to a lack of affordable
child care in their community
67%of MT's children under the age of
6 have both, or their only parent,
in the workforce.
13%of Montana employers offer paid
parental leave to their employees 75%of working moms lost job
opportunities because of child care
issues
19
Impacts of Child Care
on the Montana Workforce
Results from a Survey of Montana Businesses
20
Impacts of Child Care
on the Montana Workforce
Results from a Survey of Montana Businesses
November 2020
Amy Watson, Senior Economist
Montana Department of Labor & Industry
In Partnership with the Federal Reserve Bank of Minneapolis
Cover photo provided by Zero to Five Montana
21
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 3
Executive Summary
The lack of affordable high-quality child care in Montana has been a significant barrier to labor
force participation for parents of young children. An estimated 6% of the state’s labor force relies
on a child care arrangement to remain in the labor force.1 However, Montana’s licensed child
care capacity meets only about 47% of the estimated demand.2 A recent survey by the Montana
Department of Labor and Industry (MTDLI) found the child care shortage makes it more difficult
for businesses to recruit and retain a qualified workforce, hampering economic growth. The
impacts of the child care shortage are widespread. Over half of businesses in every region of the
state reported a lack of affordable child care and stated increasing access to child care should be a
priority in their community.
This survey, conducted in the first quarter of 2020, provides additional information on how
Montana’s lack of affordable child care negatively impacted businesses in 2019. The Federal
Reserve Bank of Minneapolis partially funded this survey. Highlights included:
• Most businesses in Montana (57%) indicated a shortage of affordable child care
options in their community and that increasing access should be a priority (60%).
• Approximately 40% of businesses said the shortage was impacting their ability to
recruit or retain qualified workers. The impact was higher (45%) for businesses with
non-traditional hours.
• Firms in the Southwest (63%) and Eastern (61%) regions were the most likely to
report a child care shortage in their community.
• Businesses with a predominantly female workforce were more likely to report a lack
of affordable child care in their community. 70% of these businesses stated there
was a lack of child care in their community, and at least 50% reported an impact on
recruitment or retention.
Businesses across the state recognize the need for increased access to safe and affordable child
care and are finding innovative ways to help their employees’ access and afford care. The survey
found:
• Three-quarters of Montana businesses offered flexible work arrangements, which can
help employees adapt their work schedule based on child care availability. The most
common type of arrangement reported was flexible scheduling (59%), followed by the
option to temporarily reduce hours (41%) and advanced scheduling (27%).
• An estimated 13% of Montana employers offered paid parental leave (leave beyond
paid sick, vacation, or paid time off (PTO) available to parents after the birth or
adoption of a child). Paid parental leave helps reduce the demand for infant care,
22
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
4
which is the most undersupplied and expensive form of child care. In Montana,
average annual expenses for center-based infant care top $12,750.3 Licensed infant
care capacity meets less than 50% of the estimated need in every county in the state.
• Mothers had greater access to paid parental leave than fathers. Montana businesses
that extended paid parental leave to their employees offered an average of seven weeks
for mothers and four weeks for fathers after the birth or adoption of a child.
• On average, Montana families pay $7,900 annually for child care, which is 14% of the
state’s median family income.4 To help offset these costs, 15% of Montana businesses
offered Dependent Care Assistance Plans (DCAP). Businesses in Finance and
Insurance, Utilities, and Information industries offer DCAP at significantly higher
rates. Over 47% of firms in these industries offered DCAP plans to their employees.
• A few businesses offered onsite child care (2.6%) to help their employees access child
care. Less than one percent of businesses offered subsidies, participated in a child care
coop, or reserved spaces at a local child care facility for their employees.
Since the survey was conducted, the global pandemic has further exacerbated Montana’s child
care shortage as important public health precautions have contributed to reduced child care
facilities’ capacity across the state. In April, 43% of licensed child care providers closed as an
immediate response to the pandemic, reducing licensed capacity by 10,921 child care slots.5 While
many of these providers have found innovative ways to reopen and meet public health guidelines,
shortages continue. Montana’s economic recovery from the pandemic’s impact hinges on its
ability to engage more parents in the workforce by resolving the lack of affordable high-quality
child care in Montana. These survey results can help understand the key role the child care sector
plays in the Montana economy during the pandemic and beyond.
23
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 5
Contents
Executive Summary .......................................................................3
Introduction ..................................................................................6
Survey Design ...............................................................................7
Business Perspectives ...................................................................8
Business Growth and Workforce Impacts ............................................9
Female Workforce Impacts ..............................................................10
Child Care Benefits ......................................................................11
Flexible Work Arrangements .............................................................12
Paid Parental Leave ........................................................................13
Financial Assistance .......................................................................14
Providing Access to Care .................................................................16
COVID Impacts ............................................................................17
Appendix ....................................................................................18
Definition of Child Care Benefits ......................................................18
Sampling Methodology ....................................................................19
Survey Administration .....................................................................20
Response Rates .............................................................................20
Post-stratification ............................................................................21
Survey Instrument ..........................................................................21
Endnotes ....................................................................................25
24
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
6
Introduction
Access to affordable, high-quality child care is an essential element of a healthy economy, allowing
parents of young children to engage in the labor force. An estimated 32,000 working parents
with children under six-years-old rely on some form of child care arrangement to remain in the
workforce, which translates to approximately 6% of the state’s labor force in 2019.6 Despite this
reliance on child care to meet the state’s workforce needs, Montana has suffered from a lack of
availability. Last year, an estimated 44,000 children in Montana under six lived in households
where all available adults were in the labor force. Licensed child care capacity in Montana meets
only about 47% of this estimated demand.7
Prior to the global pandemic, Montana faced historically low unemployment rates, with
employers reporting difficulty finding workers. The workforce shortage was made worse by a lack
of affordable high-quality child care. The state’s persistent child care shortage left many Montana
parents unable to engage in the labor force, thus exacerbating the workforce shortage. This report
summarizes the Child Care Business Survey results, which aimed to provide insight on the impact
this lack of child care has on Montana businesses and highlight how businesses are increasing
access to affordable child care for their employees.
Since this survey was conducted, the global pandemic has changed Montana’s economic
landscape, including a temporary rise in the unemployment rate. However, the pandemic has
also worsened the child care shortage. In April, 43% of licensed child care providers closed as
an immediate response to the pandemic, reducing licensed capacity by 10,921 child care slots.8
While many of these providers have found innovative ways to reopen and meet public health
guidelines, shortages continue. Without addressing child care access, many parents will be unable
to fully return to work, preventing the state from fully recovering from the pandemic-related
employment losses.
25
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 7
Survey Design
The Montana Department of Labor & Industry (MTDLI) surveyed Montana businesses from
January to March of 2020. Survey participants were businesses that participate in the state’s
unemployment insurance program and employed more than one employee in 2019.9 Businesses
with multiple locations were surveyed once for each establishment location. The survey was
stratified by industry, region, and urban/rural areas of the state.
The random sample selected 3,420 businesses to participate in the survey. MTDLI mailed a total
of 3,305 survey packets the first week in January after removing businesses that had closed or did
not have contact information. Businesses with multiple establishments were sent one survey and
asked to reply for all establishments in the sample. Respondents had the option to complete the
hard copy version of the survey and return it via a prepaid envelope or fill it out online via a link
provided in the cover letter.
Three mailings were conducted. The first mailing took place in January, the second in February,
and the third in March. Survey recipients had three weeks to respond to each mailing. The last
mailing concluded on March 31. In total, MTDLI received 1,648 responses, once the responses
were applied to the full sample, this translated to a response rate of 51.3%. Survey responses were
cleaned and post-stratified based on 2019 employment levels to align the sampling and reference
period and correct for nonresponse bias. The report’s survey results are weighted to reflect the
full population of Montana businesses with more than one employee in 2019. More information
about the survey design – including sampling, stratification, administration, response rates, and
analysis – can be found in the appendix.
26
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
8
Business Perspectives
Over half of Montana businesses (57%) reported a shortage of affordable child care options in
their community.10 The lack of affordable child care persisted across all state regions, with at
least half of businesses in every area reporting a shortage. As shown in Figure 1, over 60% of
businesses in the Eastern and Southwest regions identified a lack of child care in their community.
Figure 1. Percent of Businesses Identifying a Lack of
Affordable Child care in their Community
Source: 2020 Child Care Business Survey, MTDLI
An average of sixty percent of
businesses statewide agree that
improving access to affordable child
care should be a priority for their
community. At 70%, the Southwest
region had the highest percentage of
businesses identifying child care as
a priority. Over 50% of businesses in
every area responded that improving
access to affordable child care should
be a priority for their community.
57% of businesses identify a
lack of affordable child care
in their community.
60% stated improving access
to child care should be a
priority for their community.
Businesses in education, healthcare, professional services, and government were the most likely
to identify a child care shortage and respond that addressing the deficit should be prioritized.
Whereas, less than half of the mining, agriculture, and construction businesses said there was a
child care shortage in their community. Figure 2 shows the breakdown of responses by industry.
27
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 9
Figure 2. Percentage of Businesses Identifying a Child Care Shortage by Industry
Source: 2020 Child Care Business Survey, MTDLI. Standard error depicted by black bracket.
Business Growth and Workforce Impacts
Forty percent of Montana businesses reported that a lack of affordable child care in their
community impacted their ability to recruit and retain a high-quality workforce. The impact was
higher for companies operating outside of traditional 8 to 5 business hours. Forty-five percent
of businesses with non-traditional hours reported that a lack of available child care affected
recruitment and retention, compared to 36% among those with traditional hours.
Recruitment and retention challenges were the most
prominent in the more rural North Central and
Eastern regions of Montana, where 44% and 46% of
businesses reported difficulty, respectively. Compared
to more urban areas, these regions of the state have
less licensed child care capacity relative to the number
of children who potentially need care. Figure 3 shows
the licensed child care capacity in each county as a
percentage of estimated demand. Estimated demand
is calculated as the number of children in each county
under the age of 5 with all available adults in their household participating in the labor force.11
Five of the eight counties without a licensed child care provider are in the Eastern region. All but
two counties in the North Central and Eastern regions are unable to meet more than one-third of
the estimated demand.
40% of businesses
report difficulty recruiting
or retaining qualified
workers due to a lack of
affordable child care in
their community.
28
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
10
Figure 3. Licensed Child Care Capacity as a Percent of Estimated Demand by County
Source: DPHHS child care licensing data as of 7/20. Montana Department of Commerce, CEIC population data. 2019 ACS 1-Year Estimates.
Employees who cannot find necessary child care
may be more likely to miss work, be distracted
while working, and more likely to exit the
labor force to take care of their children. In the
last year, 62% of parents with young children
reported missing work due to a lack of child
care.12 Instability in a businesses’ workforce can
impact growth. Thirty percent of Montana businesses reported inadequate child care prevented
them from growing. Most of these businesses are in the education, healthcare, government,
leisure and hospitality, and retail trade industries.
Female Workforce Impacts
Historically, the responsibility of caring for children has primarily fallen to women.13 Traditional
gender roles impact the labor force participation rates of both men and women. The labor
force participation rates of women ages 25 to 44 – the ages of most parents with young children
– hovers around 75% nationally. In comparison men of the same age range have labor force
participation rates closer to 90%.14 Businesses with a predominately female workforce were
more likely to report a lack of affordable child care in their community. Figure 4 shows the
percent of businesses that identified a child care shortage by the percent of employees who are
female or between 25 and 44.
30% of Montana
businesses say inadequate
child care has prevented their
company from growing.
29
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 11
Figure 4. Percent of Businesses Identifying a Child Care Shortage by Gender and
Age of Employees
Source: 2020 Child Care Business Survey, MTDLI
Approximately 70% of businesses with more than 60% female employees reported a lack of child
care, compared to only 40% with less than 20% female employees. Firms with predominately
female employees were also more likely to report inadequate child care impacting their ability to
recruit and retain a qualified workforce. At least 50% of these businesses reported recruitment
or retention impacts, compared to only 25% of businesses with less than 20% female employees.
Businesses employing mostly males may also have a child care shortage in their community but
are not aware of its impact on their workforce. Several survey respondents indicated that child
care was not an issue for their business because they only have male employees.
Child Care Benefits
One of the primary tools businesses can use to overcome
the workforce challenges associated with inadequate child
care is to offer child care benefits to their employees. There
are a variety of child care benefits employers can provide.
The survey asked businesses about the provision of child
care benefits defined by the Family Forward Montana
initiative.15 There are three tiers of assistance identified
by Family Forward MT – business practices, financial
assistance, and access benefits. A full list of child care
benefits defined by the Family Forward MT initiative
can be found in the appendix.
Approximately
70% of businesses
with at least sixty
percent female
employees stated
there is a child care
shortage in their
community.
30
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
12
Flexible Work Arrangements
An estimated 75% of Montana businesses offered some sort of
flexible work arrangement to their employees. Allowing parents
of young children flexibility to adapt their work schedules based
on child care availability is one way businesses can help mitigate
the impact of inadequate child care on their workforce. Employers
were surveyed about their provision of five different types of
flexible work arrangements. Figure 5 shows the prevalence of each
type of arrangement among Montana businesses.
The most common type of flexible work
arrangement was flexible scheduling,
with almost 60% of businesses offering
this option. Forty percent of businesses
allowed their employees to temporarily
reduce their hours to care for their
children when child care is not available.
The next most common type of benefit
was advanced scheduling. Twenty-
seven percent of businesses offered
advanced scheduling, which is a common
practice among employers managing
shift workers. Shift work is common in
the leisure and hospitality, and retail trade industries. Thirty-two percent of businesses in these
industries provided their employees at least 14 days notice prior to their scheduled shift, allowing
them time to find safe and affordable child care. About a quarter of Montana employers allowed
their employees to bring their child to work. This is particularly beneficial for employees who may
be called into work on short notice and do not have time to find child care.
The least common type of flexible work arrangement among Montana businesses in 2019
was telecommuting. Only 10% of businesses reported offering this option to their employees.
However, there has been a nationwide shift toward remote work in response to the global
pandemic. Since conducting this survey, an estimated 30% of the state’s workforce is now working
remotely.16
75% of
Montana
businesses offer
some kind of
flexible work
arrangement.
Source: 2020 Child Care Business Survey, MTDLI
Figure 5. Percent of Businesses with Flexible
Work Arrangements by Type
Types of Flexible Work Arrangements
Flexible Scheduling
Businesses allow employees
to work hours outside of the
traditional 8-5 hours. For
example, working four 10-hour
days, or voluntarily work on
weekends.
Telecommuting
Includes working from home
or another remote location.
Advanced Scheduling
Employees receive their work
schedules at least 14 days in
advance.
Temporarily
Reduce Hours
Employees can reduce
their work hours, with pay
or without, in order to care
for their children when
child care is not available.
Bring Child to Work
Employees can bring their
young children to work either
temporarily or indefinitely. For
example, an employer may
allow new parents to bring
their child to work until the
child is six months old.
31
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 13
Paid Parental Leave
Paid parental leave can improve postnatal health, im-
prove parent and child wellbeing, and result in better
labor market outcomes for mothers.17 Employers bene-
fit through increased worker retention and labor force
participation.18,19 In Montana, an estimated 13% of
businesses offer paid parental leave to their employees.
Paid parental leave is leave in addition to paid sick,
paid vacation, or paid time off (PTO) and is specifi-
cally designated for parents after the birth or adoption
of a child. The twelve weeks of job-protected leave
provided by the Family Medical Leave Act (FMLA) is not considered paid parental leave unless
employees are paid during their absence. Figure 6 shows the number of weeks available to new
parents from Montana businesses who offer paid parental leave. Most businesses (67%) with paid
leave policies offer leave paid at the employee’s full hourly rate.
Figure 6. Number of Weeks of Paid Parental Leave
MATERNITY PATERNITY
WEEKS Estimate Std Err Estimate Std Err
1-2 19.4%4.5%36.1%7.0%
3-4 18.1%5.6%21.3%7.5%
5-6 24.8%5.0%3.2%1.1%
7-11 10.9%4.5%6.5%1.4%
12+26.8%4.6%12.5%4.7%
MOM ONLY NA NA 20.4%4.9%
MEAN 7.0 3.9
Q1 2.5 0.7
MEDIAN 4.9 1.7
Q3 11.1 3.7
Source: 2020 Child Care Business Survey, MTDLI
Availability of paid parental leave varied by gender, with mothers typically having more generous
leave policies available to them than fathers. On average, mothers received seven weeks of paid
parental leave compared to only four weeks for fathers. Twenty percent of businesses with a paid
parental leave policy only had paid leave available to mothers. Only 12.5% of businesses with
paid parental leave policies offered twelve weeks of paid paternity leave, compared to 26.8%
that offered twelve weeks of paid maternity leave.20 The most common maternity leave policies
included either six weeks (25%) or twelve weeks or more (27%) of paid leave. For fathers, the
most common policy was one or two weeks of paid leave (36%), consistent with national trends.21
An estimated 13% of
Montana employers offer
paid parental leave – leave
beyond paid sick, vacation,
or PTO that is available to
parents after the birth or
adoption of a child.
32
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
14
Paid parental leave policies can help employees who cannot find affordable, safe child care for
their infant. Infant care is the most expensive form of care, with increased staff-to-child ratios
primarily driving the costs.22 Additionally, the supply of licensed infant child care falls well below
the estimated demand. Figure 7 shows infant capacity in each county as a percentage of estimated
demand. Infant care capacity is significantly undersupplied in Montana, making it difficult for
parents of children under the age of two to engage in the workforce. Approximately 58% of
Montana employers with paid parental leave policies stated the policy improved their ability to
recruit and retain a qualified workforce.
Figure 7. Licensed Infant Care Capacity as a Percentage of Estimated Demand
Source: DPHHS child care licensing data as of 7/20. Montana Department of Commerce, CEIC population data. 2019 ACS 1-Year Estimates. Infant is defined as a child less than two years old.
Financial Assistance
Child care expenses can quickly become one of the largest
expenses a household faces, particularly for families with
multiple children under the age of five. For many families, child
care costs may exceed one parent’s income, making it financially
prohibitive to remain employed. The average cost of full-time
daycare for an infant in center-based care can top $12,750 per
year in Montana.23 The cost of full-time care for an infant and
toddler can exceed $19,000 per year.24
15% of Montana
businesses offer
Dependent Care
Assistance Plans
(DCAP) to help
their employees
afford child care.
33
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 15
Dependent Care Assistance Plans (DCAP), also known as Dependent Care Flexible Spending
Accounts, are one benefit Montana businesses can offer their employees to help offset care costs
and encourage labor force participation. DCAP plans allow employees to set aside a portion of
their paycheck in a pre-tax account to use for qualifying dependent care expenses. Businesses can
also make contributions to their employees’ accounts. The IRS limits the combined employer and
employee contributions to $5,000 annually.
Approximately 15% of businesses in Montana offer DCAP plans. DCAP offer rates are
significantly higher for businesses in Finance and Insurance, Utilities, and Information. Over
47% of businesses in these industries offer DCAP plans to their employees. Businesses in mining,
agriculture, construction, retail trade, and leisure and hospitality were the least likely to offer their
employees DCAP plans – less than 10% of businesses in these industries offer the plan. Figure 8
shows the percentage of businesses offering DCAP plans to employees by industry. No statistically
significant variation in DCAP provision was observed across Montana regions.
Figure 8. Percent of Businesses offering Dependent Care Assistance Plans by Industry
Source: 2020 Child care Business Survey, MTDLI
Of the businesses that offered a DCAP plan, only 5% made contributions. Finance and insurance,
utilities, and information industries had the highest percentage of businesses contributing
(13.5%). The average contribution amount among businesses was $2,750. Businesses making
contributions often made them on a per child basis. About 43% of businesses that offer DCAP
plans to their employees reported the plans helped improve their ability to recruit and retain a
qualified workforce.
34
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
16
Providing Access to Care
With licensed child care capacity meeting only about 47% of the estimated demand, many
Montana families have difficulty securing affordable child care. Low-income families, families of
children with disabilities, Native American families, and families in rural communities have the
most limited access to child care in the state. Several barriers prevent families from accessing care,
including cost and lack of availability for infants, toddlers, and children with special needs.25 All
of these barriers influence a family’s employment decisions and statewide workforce participation.
A few businesses in Montana (7%) offer child care benefits for their employees specifically
targeted at helping them access high-quality child care in their community. Figure 9 shows the
percentage of businesses offering child care benefits aimed at increasing access to care for their
employees.
Figure 9. Percent of Businesses Offering Benefit Increasing Access to Child Care
Source: 2020 Child care Business Survey, MTDLI
About 3.8% of businesses reported that they provide information to employees about how to
access child care resources in their community – such as providing the contact information
for their local child care resource and referral agency. Some businesses noted they provide
information about child care resources as a part of their onboarding process for new employees.
This is a low-cost way to help inform employees of child care options by leveraging existing
resources in the community.
TYPE OF BENEFIT PERCENT STD ERR
PROVIDE INFORMATION 3.78%0.55%
ONSITE CHILD CARE 2.59%0.45%
BACKUP CHILD CARE 1.29%0.31%
SUBSIDIZE CHILD CARE <1%
CHILD CARE COOP <1%
RESERVE CHILD CARE SPACE <1%
TOTAL 7.30%0.74%
Types of Benefits that Improve Access to Child Care
Provide Information
HR policies aimed at
connecting employees
with local resources
to help them access
care, such as their local
child care resource and
referral agency.
Backup Child Care
Business contracts with
a backup child care
provider to offer care
when employees’ children
are sick or need care
outside of traditional
business hours.
Onsite Child Care
Business operates a child care
facility for their employees.
Reserve Spaces
Business reserves spaces at
a local child care provider for
employees.
Subsidized Care
Business provides employees with a
stipend to pay for daycare expenses.
Child Care Cooperative
Multiple businesses come together
to operate and manage one child
care facility for all their employees.
35
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 17
The child care benefit that requires the largest investment from employers is establishing an onsite
child care facility, which is not feasible for every business. Only 2.6% of businesses in Montana
reported that they have an onsite child care facility. Those that reported having an onsite child
care facility said it improved worker recruitment and retention.
Another benefit a few Montana businesses offer is backup child care when their employees’
children are sick or need care outside of traditional business hours; about 1.3% of businesses offer
this benefit. Businesses were asked about three other types of benefits aimed at increasing access
to care – child care cooperatives, child care subsidies, and reserving spaces at a local child care
facility. Less than one percent of businesses reported providing these benefits.
COVID Impacts
Since the survey was conducted, the global pandemic has altered the economic landscape in
Montana. In April of this year, the unemployment rate spiked to almost 12%, as over 60,000
workers found themselves without a job. Although this crisis temporarily increased worker
availability, the state quickly regained jobs, with the state’s unemployment rate returning to
near-normal levels by the fall. However, the state will be unable to fully regain pre-recession
employment levels without addressing child care needs.26
During April, 43% of licensed child care providers closed as an immediate response to the
pandemic. These closures accounted for 10,921 child care slots at licensed providers.27 Since then,
many child care providers have found new and innovative ways to open while also adhering to
important public health guidelines. Federal funding through the CARES Act provided critical
support to child care providers, allowing them to stay open or reopen to care for children of
essential workers.28 By June, only 14% of child care providers remained closed. However, capacity
remains lower than before the pandemic. Further, parents of school-aged children have needed to
adjust work schedules and find alternative care due to limited after-school activities and the need
to monitor children learning at home. Despite having higher unemployment, the global pandemic
has exacerbated the already-existing workforce challenges regarding child care.
The global pandemic has highlighted the impact a lack of child care on the prosperity and
resiliency of Montana’s economy. Without improved access to child care, estimates suggest at least
20,000 Montana parents remain sidelined from the workforce.29 Engaging these parents in the
workforce is a critical step for the state to reach its pre-pandemic employment levels. The state’s
economic recovery from the pandemic’s impacts hinges on its ability to finally resolve a problem
that has persisted in Montana for many years – the shortage of affordable high-quality child care.
36
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
18
Appendix
Definition of Child Care Benefits
Child care benefits are defined using the framework established by the Family Forward MT initiative.
The initiative was designed by early childhood education (ECE) advocates to recognize businesses that
are investing in Montana children and families through family-friendly policies and practices. The list of
policies and practices, outlined below, were compiled by ECE experts with input from Montana businesses
and local community development organizations. Family Forward MT is supported by the Zero to Five
Montana, DPHHS, DLI, and the Governor’s Office. The initiative identified three categories of benefits
– HR policies and practice, financial assistance, and improving access to care. More information on the
initiative is available at familyforwardmt.org.
Tier I: Business/Organizational Practices
1. Flexible Work Arrangements
;Flexible schedule
;Telecommuting options
;Voluntary reduced work time options
;Ability to bring an infant to work for a period of time (i.e. up to 6 months)
2. Human Resources/Management
;Your HR department receives an orientation on community resources and connections to
high-quality child care from a local Child Care Resource & Referral (CCR&R) agency and/or
early childhood coalition partner, AND you connect employees who are looking for child care
with community resources
;Human Resources/Management practices to talk with new or expectant parents about health
care, leave planning, and support needed while they are on leave
Tier II: Financial Assistance
;Dependent Care Assistance Plans (DCAP)
;Flexible Spending Accounts (FSA)
;Child Care Subsidies
;Paid Parental Leave
Tier III: Improving Access to Care
;Onsite child care
;Reserve spaces at local high-quality provider
;Back-up/Emergency child care services
;Consortium child care center to serve employees of participating companies
;Provide backbone support for benefits to a local child care center or family home provider
;Invest in the quality of a child care center or family home provider through the purchase of
STARS to Quality materials, trainings, educational supports etc.
37
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 19
Sampling Methodology
The sample was a stratified, random sample of Montana businesses with more than one employee that
participate in the state’s unemployment insurance system.30 MTDLI maintains a list of these businesses
that is updated quarterly and includes the businesses’ current contact information, industry classification,
location, and employment and wages paid. The population of businesses used to generate the sample
included all businesses with employment in Montana from the second quarter of 2018 through the first
quarter of 2019, which was the most recent four quarters of data when the sample was drawn. Firms with
multiple locations were included once for each of their establishment locations.
The sample was stratified by industry, region, and urban/rural categories. The industries are grouped based
on the U.S Bureau of Labor Statistics National Compensation Survey data on the percent of businesses
in each industry offering a dependent care FSA (DCAP). Industries with similar provisions are grouped
together. Industry stratifications are identified as the following five groupings of NAICS codes
Figure A1. Definition of Industry Strata
Industry 2-Digit NAICS
1 Construction, Agriculture, Mining 11 21 23
2 Manufacturing, Transportation,
Wholesale Trade 31-33 48-49 42
3 Accommodations & Food Service, Admin &
Waste, Retail Trade, Arts, Other Services 44-45 71 72 56 81 53
4 Finance and Insurance,
Utilities, and Information 22 52 51
5 Education, Healthcare, Professional
& Technical Services, Government 61 62 54 92 55
The urban/rural stratification are defined by the grouping of Montana counties according to their
population. Seven counties in Montana that are identified as urban – Yellowstone, Cascade, Flathead,
Missoula, Gallatin, Lewis and Clark, and Silver Bow. All other counties in Montana are considered rural.
The survey was stratified by region according to the five regions shown below. The model assumptions are
the same across all regions of Montana, and are similar to the provision of dependent care FSA benefits in
the Mountain region of the U.S.
There were 3,420 businesses
randomly selected as a part of
the survey sample. The number
of samples in each stratum were
allocated using an assumed
50% response rate and a 90%
confidence interval with a +/-
5% error range. The table below
shows the resulting number
of businesses selected in each
industry and regional strata.
Figure A2. Definition of Regional Strata
38
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
20
Figure A3: Distribution of Sample by Strata
Industry Strata Region TOTALNWSWNCSCE
Construction, Ag, and Mining 93 112 68 90 98 461
Manufacturing, Transportation, and Wholesale
Trade 201 180 106 197 100 784
Accom & Food, Admin & Waste, Retail Trade,
arts, other services 152 150 175 102 170 749
Finance and insurance, utilities, and information 145 135 99 111 80 570
Education, Healthcare, Professional & Technical
Services, Gov 220 189 158 159 130 856
TOTAL 811 766 606 659 578 3,420
Survey Administration
Of the 3,420 businesses selected to receive the survey, twenty-three either did not have an address in
the UI administrative database, their location could not be identified, or they were permanently closed.
The number of closed businesses in the sample was less than 1%, which is less than anticipated. For
comparison, 3.2% of all businesses closed in the first quarter of 2019.31 An additional 91 businesses had
multiple locations included in the sample. To save costs and reduce the burden on employers, these
surveys were combined into one parent survey that was mailed to the businesses’ primary address. The
business was asked to respond for all locations in the sample. After these adjustments were made, a total of
3,305 surveys were mailed out to employers.
Surveys were collected via mail and internet responses from January to March 2020. Three mailings were
conducted over this time frame, each one month apart. Businesses who had already responded were
excluded from subsequent mailings. A second attempt was made to reach businesses if the initial address
was incorrect. Mailings to physical addresses in Montana were prioritized over postal boxes or out of state
addresses. The third survey mailing officially closed on March 31st.
Response Rates
MTDLI received 1,648 responses out of the 3,305 surveys – 1,106
responded via mail and 542 submitted their survey using a survey
monkey link included in the cover letter. All the survey respondence
fell into three categories – completed, closed, or refused. Those
businesses who did not pass the initial screening question, meaning
they did not employ anyone at the locations sampled in 2019, were
considered closed. Those who reached out to state their refusal to
participate in the survey fall into the refused category. The remainder
of respondents fall into the completed category, meaning they
responded to the survey and passed the initial screening question.
Considering all three of these response types as having responded,
MTDLI received 1,753 responses out of the 3,420 businesses selected
in the sample – translating to an overall response rate of 51.3%.
Response Number of
Businesses
Completed 1,579
Closed 168
Refused 6
No Response 1,637
Unable to Contact 30
TOTAL 3,420
Figure A4: Sample Response
39
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 21
The number of businesses that completed the survey varied from 35% to 72% by stratum. The response
rates for each stratum are shown in the table below. Rates below the target response rate of 50% are in red.
The construction, agriculture, and mining industry grouping had the lowest response rates, followed by the
manufacturing, transportation, and wholesale trade industry grouping – both of which were below 50%.
Education, healthcare, professional and technical services, and government occupations had the highest
response rate of 60%. The regional response rates fell relatively close together between 49% and 57%, with
the most rural eastern region having the highest response rate.
Figure A5: Response Rates by Strata
Industry Strata Region TotalNWSWNCSCE
Construction, Ag, and Mining Responses 33 60 31 39 41 204
Response Rate 35%54%46%43%42%44%
Manufacturing, Transportation,
& Wholesale Trade
Responses 107 80 48 93 50 378
Response Rate 53%44%45%47%50%48%
Accom & Food, Admin & Waste,
Retail Trade, arts, other services
Responses 71 78 77 54 93 373
Response Rate 47%52%44%53%55%50%
Finance and insurance, utilities, and information
Responses 67 61 55 53 50 286
Response Rate 46%45%56%48%63%50%
Education, Healthcare, Professional
& Tech Services, Gov
Responses 118 120 95 86 93 512
Response Rate 54%63%60%54%72%60%
Total Responses 396 399 306 325 327 1,753
Response Rate 49%52%50%49%57%51%
Post-stratification
Even though the sampling was conducted using employment levels from 2018Q2 – 2019Q1, businesses
completed the survey in the 1st quarter of 2020 about the child care benefits they offered in 2019. To
accommodate for the differences in timing from the sampling and the reference period, the survey data
was post-stratified using data from the four quarters ending in 2019Q4. In addition to more closely
aligning the reference period with the employment used for weighting, post-stratification reduces the
impact of non-response bias and reduces survey error. Survey error is reduced in post-stratification by
using known business and employment counts to create survey weights. This process also naturally adjusts
for businesses that have closed between the sampling and reference period.
The weights used in survey analysis are calculated using employment data from 2019 with the same
population exclusions discussed in the sampling section. The totals for the post-stratification include
29,943 employers covering 421,800 employees.
Survey Instrument
Each mailing included a hard copy of the survey instrument and a cover letter explaining the purpose of
the survey and inviting participation via a provided internet link or by completing the enclosed hardcopy
and returning it in the prepaid envelope provided. A copy of the survey instrument and cover letter mailed
to each business are included at the end of the appendix for reference.
40
21
[Business Name]
[Address1]
[Address2]
[City], [State] [ZIP9]
Dear Employer,
With low unemployment rates across the state, it is becoming increasingly difficult for Montana
employers to find qualified workers. The Montana Department of Labor and Industry is interested in
understanding the impact child care availability may have on Montana businesses. Your response to this
survey will generate data on child care availability and child care benefits offered to employees. Please
complete and return this brief survey; your response is essential for accurate results.
Your Human Resources Department or Employee Benefits Manager may have the most information to
complete the survey. If possible, please provide information for all your employees working at the
establishment(s) located in the following areas.
[Locations]
Responses to this survey will remain confidential and no individual or business will be identified in the
survey results. Please complete and return the survey by January 31, 2020. You can return the
completed survey in the enclosed postage-paid envelope or fax to 406-444-2638. You can also complete
the survey online at the address below. You just need to enter your employer code, shown below and in
the top corner of the survey, to complete the survey online.
Online Survey: https://www.surveymonkey.com/r/childcareMT
Employer Code: [XXXXXX]
Thank you for your help in providing Montana businesses, workers, and policymakers better information
about the impact of child care availability on the Montana economy. Results will be available on our
website at www.lmi.mt.gov later this year.
Please contact us at 406-444-4100 if you have any questions.
41
42
43
Montana Department of Labor & Industry
Impacts of Child Care on the Montana Workforce 25
Endnotes
1 2014-2018 ACS 5-Year Estimates.
2 There were an estimated 44,000 children last year in Montana under the age of six who lived in
households where all available adults were in the labor force according to 2019 ACS 1-Year Estimates.
Licensed child care capacity in September 2020 was 21,000 as reported by Montana Department of
Health and Human Services.
3 “Lost Possibilities: The Impacts of Inadequate Child Care on Montana Families, Employers, and Econ-
omy” University of Montana Bureau of Business and Economic Research, September 2020.
4 “Lost Possibilities” University of Montana BBER, September 2020.
5 Montana Department of Health and Human Services, child care licensing database
6 Number of parents estimated based on the number of children in two-parent or single-parent house-
holds where all available adults are in the labor force using 2014-2018 ACS 5-Year Estimates.
7 Calculation based on 2019 ACS 1-Year Estimates and licensed child care capacity in September 2020
as reported by Montana Department of Health and Human Services.
8 Montana Department of Health and Human Services, child care licensing database
9 There are some businesses employing Montanans who do not participate in Montana’s UI system.
Self-employment, independent contractors, and some federal employers do not participate.
10 Community is defined in the survey as the city where the business is located.
11 County population data by age comes from the Montana Department of Commerce, CEIC. The per-
centage of children age 0-6 with all parents in the workforce from the 2019 ACS 1-Year Estimates is
then applied to the population totals in order to estimate how many children under the age of 5 need
care.
12 “Lost Possibilities” University of Montana BBER, September 2020.
13 American Time Use Survey, 2019. Women working full-time spend more time caring for children
under 18 than men who are working full-time.
14 U.S. Bureau of Labor Statistics, 2016 annual data.
15 The Family Forward MT Initiative is a collaborative effort by Zero to Five, the Governor’s Office,
DPHHS, and MTDLI to recognize businesses who are investing in children, families, and the economy
by offering benefits to their employees to help them access child care. More information is available at
familyforwardmt.com
16 Brynjolfsson, E., Horton, J. J., Ozimek, A., Rock, D., Sharma, G., & TuYe, H. (2020). COVID-19
and Remote Work: An Early Look at US Data. National Bureau of Economic Research. doi:https://
www.nber.org/papers/w27344
17 Christopher J. Ruhm, Parental leave and child health, Journal of Health Economics, Volume 19, Issue
6, 2000, Pages 931-960, ISSN 0167-6296, https://doi.org/10.1016/S0167-6296(00)00047-3.
44
Impacts of Child Care on the Montana Workforce
Montana Department of Labor & Industry
26
18 Barbara Broadway, Guyonne Kalb, Duncan McVicar & Bill Martin (2020) The Impact of Paid Parental
Leave on Labor Supply and Employment Outcomes in Australia, Feminist Economics, 26:3, 30-65
19 Shuhei Nishitateno, Masato Shikata,Has improved daycare accessibility increased Japan’s maternal em-
ployment rate? Municipal evidence from 2000–2010, Journal of the Japanese and International Econo-
mies, Volume 44, 2017, Pages 67-77, ISSN 0889-1583, https://doi.org/10.1016/j.jjie.2017.04.002.
20 FMLA leave does not count as paid parental leave because it is unpaid. All employers with more than
50 employees are required to provide twelve weeks of FMLA leave to their employees.
21 Richard J. Petts, Chris Knoester & Qi Li (2020) Paid paternity leave-taking in the United States, Com-
munity, Work & Family, 23:2, 162-183, DOI: 10.1080/13668803.2018.1471589
22 2016 Child care Market Rate Survey, Montana Department of Health and Human Services and the
Montana State University Extension Center.
23 “Lost Possibilities” University of Montana BBER, September 2020.
24 Child care costs calculated based on full-time tuition rates of STARS level 4 center-based care in Lewis
and Clark County as of September 2020.
25 Montana’s Early Childhood System: A Comprehensive Needs Assessment, DPHHS Early Childhood
Services Bureau, September 2019.
26 Trautman, Emily. “The COVID-19 Recession: Frequently Asked Questions,” MTDLI, June 2020. http://
lmi.mt.gov/Portals/193/Publications/LMI-Pubs/Articles/2020/0620-COVID-Recession.pdf
27 Montana Department of Health and Human Services, child care licensing database
28 The federal government provided states with supplemental funding for child care ($10.1 million for
Montana) through the Child Care Development Block Grant (CCDBG) https://www.acf.hhs.gov/occ/
resource/2020-cares-act-ccdbg-supplemental-funding-allocations-for-states-and-territories. As well as
the additional $50 allocated from the MT allocation of the Coronavirus Relief Fund (approximately $8
million of which went to licensed child care facilities and $30 went to school-age children during out
of school time). https://dphhs.mt.gov/aboutus/news/2020/maintainandexpandchildcare#:~:text=Gov-
ernor%20Bullock%20Directs%20%2450%20Million,in%20response%20to%20COVID%2D19
29 Micro CPS monthly data, IPUMS May 2020.
30 There are some businesses employing Montanans who do not participate in Montana’s UI system.
Self-employment, independent contractors, and some federal employers do not participate.
31 Business Employment Dynamics, March 2019. Rates of private sector establishment births and deaths
in Montana, seasonally adjusted.
45
This document is intended for online distribution, and
has no associated printing or mailing costs.
Research and Analysis Bureau
P. O. Box 1728
Helena, MT 59624-1728
Phone: (406) 444-4100
www.lmi.mt.gov
46
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the City Manager to Sign a Renewal with DocuSign for Electronic
Signature Software
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Renewal with DocuSign for Electronic
Signature Software
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:In September of 2021, the City of Bozeman consolidated numerous
individual and departmental accounts into an Enterprise account with
DocuSign to more closely track usage and related expenditures through a
Master Services Agreement. This agreement allowed the City to better gauge
its organizational wide usage and to appropriately identify future costs.
Based on actual usage the City is increasing its allocation for electronic
signature usage as represented by the new renewal amount.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As per Commission
FISCAL EFFECTS:The $23,485 annual cost is within the appropriated amount for the City
Clerks' operating budget.
Attachments:
City of Bozeman - Renewal (2022-07-29)_DocuSign Order
Form FX2_2022-07-14.pdf
Report compiled on: July 18, 2022
47
DocuSign, Inc.
221 Main Street, Suite 1550
San Francisco, CA 94105
Offer Valid Through: Jul 29,
2022
Prepared By: Olivia DuVall
Quote Number: Q-00820896
ORDER FORM
Address Information
Bill To: Ship To:
City of Bozeman City of Bozeman
PO Box 1230,
Bozeman, MT, 59771
United States
PO Box 1230,
Bozeman, MT, 59771
United States
Billing Contact Name: Shipping Contact Name:
Mike Maas Mike Maas
Billing Email Address:
mmaas@bozeman.net
Shipping Email Address:
mmaas@bozeman.net
Billing Phone:
406-582-2321
Shipping Phone:
406-582-2321
Order Details
Order Start Date: Aug 1, 2022 Payment Method: Check
Order End Date: Jul 31, 2023 Payment Terms: Net 30
Billing Frequency: Annual Currency: USD
Products
Product Name Start Date End Date Quantity Net Price
eSignature Enterprise Pro Edition - Envelope Subs. Aug 1, 2022 Jul 31, 2023 3,500 $19,250.00
Enterprise Premier Support Aug 1, 2022 Jul 31, 2023 1 $4,235.00
Grand Total: $23,485.00
Product Details
eSignature Envelope Allowance: 3,500
Overage/Usage Fees
48
Page 2 of 3
eSignature Enterprise Pro Edition - Envelope Subs. (Per Transaction): $8.80
Order Special Terms
Terms & Conditions
This Order Form is governed by the terms Master Services Agreement available online at:
https://www.docusign.com/company/terms-and-conditions/msa and the applicable Service
Schedule(s) and Attachments for the DocuSign Services described herein available online at
https://www.docusign.com/company/terms-and-conditions/msa-service-schedules.
Billing Information
Prices shown above do not include any state and local taxes that may apply. Any such taxes
are the responsibility of the Customer and will appear on the final Invoice.
Is the contracting entity exempt from sales tax?
Please select Yes or No: \tax1\
If yes, please send the required tax exemption documents immediately to
taxexempt@docusign.com.
Invoices for this order will be emailed automatically from invoicing@docusign.com. Please
make sure this email is on an approved setting or safe senders list so notifications do not go to
a junk folder or caught in a spam filter.
Purchase Order Information
Is a Purchase Order (PO) required for the purchase or payment of the products on this Order
Form?
Please select Yes or No: \por1\
If yes, please complete the following:
PO Number: \po1\
PO Amount: $\pa1\
49
Page 3 of 3
By signing this Agreement, I certify that I am authorized to sign on behalf of the
Customer and agree to the Terms and Conditions of this Order Form and any
documents incorporated herein.
Customer
DocuSign,
Inc.
Signature: \si1\
Signature: \si3\
Name:
\na1\ Name: \na3\
Job Title:
\ti1\ Job Title: \ti3\
Date: \ds1\ Date: \ds3\
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50
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Contract Amendment 7 with Sanderson
Stewart for Construction Administration and Staking for the Front Street
Connector Project
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Contract Amendment No. 7 with
Sanderson Stewart for Construction Administration and Staking for the Front
Street Connector Project
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Resolution 4621A authorized the allocation of $178,106 from the Trails,
Open Space and Parks Bond for the Front Street Connector Trail project,
which will create a 10-foot-wide paved bicycle and pedestrian trail within
existing city right-of-way. Resolution 5147 authorized an additional
$110,681.76 for the project from TOP Bond in 2020 and project partners
secured additional grants.
Sanderson Stewart provided preliminary design assistance as part of the
work on the Oak Street corridor under an existing Professional Services
Agreement, including a survey of the property boundaries which guided the
proposed trail layout. Amendment No. 2 to the PSA was approved by
Commission on May 23, 2016 authorizing Sanderson Stewart to complete all
of the design and engineering services necessary to complete the Front
Street Connector Trail project. PSA Amendment 3 authorized a change to the
contract to reflect amount of $58,920 on September 12, 2016.
Due to the property and right-of-way negotiations involving adjacent private
property owners and MDT's Rouse Avenue project, several years passed
since the initial contract documents were signed and construction
commenced. An additional setback due to failed concrete testing for bridge
abutments increased the time associated with the construction
administration portion of the project and construction staking was needed
that was not including in the original contract. Amendment No. 7 authorizes
51
payment of an additional $17,947.50 to cover the additional work.
UNRESOLVED ISSUES:Unknown
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Project contingency is available to cover the additional expense.
Attachments:
07062022_FrontSt_Amendent.pdf
Report compiled on: July 7, 2022
52
Seventh Amendment to Professional Services Agreement for Oak Street Improvements Project
Page 1 of 2
SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Oak Street Improvements dated March 16, 2015 (the “Agreement”) is made and entered
into this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Sanderson
Stewart, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of services, rate schedules, and budget for design services are outlined in
Attachment “Exhibit A - Scope of Work.”
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
53
Seventh Amendment to Professional Services Agreement for Oak Street Improvements Project
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E.
Title: Principal
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
54
Exhibit A – Scope of Work
Front Street Connector Trail
Construction Contract Administration and Staking Amendment 1
Seventh Amendment to Professional Services Agreement
07/06/22
This scope of work includes additional time spent and future time anticipated to address unforeseen
construction issues. Additionally, the original contract in September of 2016 did not include
construction staking and has been included in this contract amendment.
Phase 1 – Construction/Contract Administration
This phase includes the additional time needed for construction inspection and administration not
anticipated during the original scoping in September of 2016. Subtasks under Phase 1 include the
following:
· Coordination and design to address construction issues
o Failed bridge abutments. Coordination to discuss and resolve failure, including emails,
phone calls, and meetings with structural engineers, IMEG, Morrison Maierle, and
City of Bozeman.
o Drainage Issues. Research into drainage issues, site visits, and meetings with City staff.
Revise plans to address drainage issues along east side of Kenyon Noble property.
o Site access coordination. Montana Rail Link Temporary Occupancy Permit and
Northwestern Energy guy wire relocation coordination.
o Coordination on excessive trash within project area and landscaping around path.
· Increased inspection time associated with the construction issues noted above
Phase 2 – Construction Staking
This phase of the project consists of the construction layout. Subtasks under Phase 2 include the
following:
· Stake path alignment and offsets
· Stake bridge footings and abutments
· Stake curb, gutter, and new ramps on Wallace
· Stake bollard & sign locations
· Stake new fence
55
Front Street Connector Trail
Construction Administration & Staking
15022.02
Labor Category Total Plan Hours Total Plan Bill Amt
Phase: Construction/Contract Admin
Task: Project Mgmt & Coordination
Principal 2.00 440.00
Senior Engineer I 17.00 2,805.00
Staff Engineer I 4.00 400.00
Task: Construction Inspection & Documentation
Senior Engineer I 7.00 1,155.00
Staff Engineer I 27.50 2,750.00
Task: Change orders/contract mods
Senior Engineer I 35.00 5,775.00
Staff Engineer I 4.00 400.00
Subtotal 96.50 13,725.00
Expenses
Total for Construction/Contract Admin 96.50 13,725.00
Phase: Construction/PropertyStaking
Task: Project Mgmt & Coordination
Designer I 1.00 95.00
Senior Engineer I 2.00 330.00
Senior Professional Land Surveyor 2.00 320.00
Task: Bollards & Fence
Designer I .50 47.50
Staff Surveyor II 1.00 110.00
Task: Path Alignment
Designer I 2.00 190.00
Staff Surveyor II 8.00 880.00
Task: Curb & Gutter, ADA Ramps
Designer I 1.00 95.00
Staff Surveyor II 2.00 220.00
Task: Fence
Designer I 1.00 95.00
Staff Surveyor II 3.00 330.00
Task: Bridge Footings/Abutment
Designer I 2.00 190.00
Staff Surveyor II 12.00 1,320.00
Subtotal 37.50 4,222.50
Expenses
Total for Construction/PropertyStaking 37.50 4,222.50
Total for Front Street Connector Trail - CA & Staking Services 134.00 17,947.50
Page 1 of 1
56
Memorandum
REPORT TO:City Commission
SUBJECT:IRC Master Building Plan Review Process
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive presentation
57
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:130 Flanders Mill Road Annexation of 1.0875 acres and amendment of the
City Zoning Map for the establishment of a zoning designation of R-3
(Residential Medium Density).
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Recommended City Commission Annexation Motion:
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22043 and move to approve
Resolution 5425, the 130 Flanders Mill Road Annexation.
Recommended City Commission Zoning Motion:
Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff
report for application 22043 and move to provisionally adopt Ordinance
2119, the 130 Flanders Mill Road Zone Map Amendment.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The applicants and property owners, Little Spanish Preschool, seek to annex
1.0875 acre parcel into the City limits and establish initial zoning of R-3,
Residential Medium Density. The property is currently zoned SRR, Semi-
Rural Residential, in Zoning District 1 (County Zoning) and hosts a single-
household structure. Nearby municipal zoning includes R-2, Residential
Moderate Density, R-3, Residential Medium Density, and PLI, Public Lands
and Institutions.
The Future land Use designation is Urban Neighborhood. The R-3 zoning
district is an implementing zoning district for the category. The adjacent
Flanders Mill Road rights-of-way will be annexed with this application.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
58
ALTERNATIVES:1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
22043 Flanders Mill Annex Resolution 5425.pdf
22043 Flanders Mill ZMA Ordinance 2119.pdf
537-01 HELVIK Zone-Map-Amnd.pdf
537-01-HELVIK ANNEXATION MAP.pdf
22043 Flanders Mill ZMA CC SR.pdf
Report compiled on: July 1, 2022
59
Version April 2020
Page 1 of 3
RESOLUTION 5425
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE 130 FLANDERS MILL ROAD ANNEXATION, APPLICATION 22043.
WHEREAS, the City of Bozeman received a petition for annexation from Vivian Helvik
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing approximately 1.0875, addressed at 130 Flanders Mill Road; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on July 26,
2022; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
July 26, 2022; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on July 26, 2022, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
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Version April 2020
Page 2 of 3
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 1.0875 acres, to wit:
Legal Description
Tract 1 of Certificate of Survey 2360 located in the Southwest ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana more
particularly described as follows: Beginning at The Southeast corner of said Tract
1, a Gaston Yellow Plastic Cap (YPC); thence N 00°59'59" E, a distance of 127.51'
to a Gaston YPC; thence N 89°48'15" W, a distance of 371.54' to a calculated
position on the North-South 1/16th line of the Southwest Quarter of said Section 3;
thence along said 1/16th line, S 00°59'59" W, a distance of 127.51' to a calculated
position; thence S 89°48'15" E a distance of 371.54' to the Point of Beginning.
Containing 47,371.1 square feet, 1.087 acres, more or less. Subject to all easements of record or
apparent from a visual inspection of the property and is along with and subject to any existing
easements.
Section 2
The effective date of this annexation is July 26, 2022.
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Page 3 of 3
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 26th day of July, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
62
Ord 2119
Page 1 of 4
ORDINANCE 2119
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 1.0875 ACRES AS R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT,
KNOWN AS THE 130 FLANDERS MILL ROAD ZONE MAP AMENDMENT,
APPLICATION 22043.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-3 (Residential Medium Density)
for approximately 1.0875 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and
review all written and oral testimony on the request for a zone map amendment; and
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22043 the 130 Flanders Mill Road Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 26,
2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
R-3, Residential Medium Density District:
An area of land comprised described as follows:
A tract of land being Tract 1 of COS 2360 located in the Southwest ¼ of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana more
particularly described as follows: Beginning at The Southeast corner of said Tract
1, a Gaston Yellow Plastic Cap (YPC); thence N 00°59'59" E, a distance of 127.51'
to a Gaston YPC; thence N 89°48'15" W, a distance of 371.54' to a calculated
position on the North-South 1/16th line of the Southwest Quarter of said Section 3;
thence along said 1/16th line, S 00°59'59" W, a distance of 127.51' to a calculated
position; thence S 89°48'15" E a distance of 371.54' to the Point of Beginning.
Containing 47,371.1 square feet, 1.087 acres, more or less. Subject to all easements of record or
apparent from a visual inspection of the property and is along with and subject to any existing
easements.
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 3 of 4
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
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 4
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 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2119, 130 Flanders Mill Road ZMA
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 26th day of July, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2022. The effective date of this ordinance is _____________, ____, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
66
67
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Page 1 of 31
22043 Staff Report for the 130 Flanders Mill Road Annexation and Zone
Map Amendment
Public Hearings: Community Development Board (map amendment only) July 18, 2022
City Commission (Annexation and map amendment) July 26, 2022
Project Description: Annexation of 1.0875 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-3 (Residential Medium Density).
Project Location: 130 Flanders Mill Road and more accurately described as Tract 1 of Certificate
of Survey 2360 located in the Southwest ¼ of Section 3, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with terms and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22043 and move to
recommend approval of the 130 Flanders Mill Road Annexation Zone Map
Amendment, with contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 22043 and move
to approve Resolution 5425, the 130 Flanders Mill Road Annexation.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 22043 and move to provisionally adopt Ordinance 2119,
the 130 Flanders Mill Road Zone Map Amendment.
Report: July 1, 2022
Staff Contact: Tom Rogers, Senior Planner
Alicia Paz-Solis, Engineer I
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 2 of 31
acting in their capacity as the Zoning Commission as well as the annexation and the zoning
amendment for the City Commission. Application materials available at
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260436&cr=1
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicants and property owners, Little Spanish Preschool, seek to annex 1.0875 acre parcel
into the City limits and establish initial zoning of R-3, Residential Medium Density. The
property is currently zoned SRR, Semi-Rural Residential, in Zoning District 1 (County Zoning)
and hosts a single-household structure. Nearby municipal zoning includes R-2, Residential
Mo0derate Density, R-3, Residential Medium Density, and PLI, Public Lands and Institutions.
The Future land Use designation is Urban Neighborhood. The R-3 zoning district is an
implementing zoning district for the category,
The adjacent Flanders Mill Road rights-of-way will be annexed with this application.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on July 18, 2022. After considering the staff report, applicant submittal, public
comment, and information provided the Board moved to recommend the City Commission
adopt the R-3 zoning as requested.
All public meeting videos can be viewed at the following link:
https://bozeman.granicus.com/player/clip/331?view_id=1&redirect=true
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 3 of 31
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 4 of 31
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 4 – ADVISORY COMMENTS ............................................................................ 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
Annexation ........................................................................................................................ 12
Zone Map Amendment ..................................................................................................... 12
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18
Spot Zoning Criteria ......................................................................................................... 27
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 29
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 29
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 31
FISCAL EFFECTS ................................................................................................................. 31
ATTACHMENTS ................................................................................................................... 31
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 5 of 31
SECTION 1 - MAP SERIES
Project Vicinity Map (2021 air photo)
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 6 of 31
Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map –
Subject property is designated as Urban Neighborhood
Urban
Neighborhood
Public
Institutions
Parks &
Open
Lands
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 7 of 31
Project Vicinity Map Showing Near Vicinity Municipal Zoning
R-3 PL
R-2
R-4
R-1
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 8 of 31
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “130 Flanders Mill Annexation”.
2. An Annexation Map, titled “130 Flanders Mill Annexation Map” with a legal description
of the property and any adjoining un-annexed rights-of-way and/or street access easements
must be submitted by the applicant for use with the Annexation Agreement. The map must
be supplied as a PDF for filing with the Annexation Agreement at the County Clerk &
Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable
to the Director of Public Works and City Engineer’s Office, and must be submitted with
the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from
the City to the applicant or annexation approval shall be null and void.
4. The land owners and their successors must pay all fire, street, water and sewer impact fees
at the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
5. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
6. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent (Nick Pericich) for inspection,
and the applicant must report the abandonment to the Gallatin City County Health
Department. In addition to abandonment of the septic tank and leach field, the applicant
must demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
7. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross contamination.
The applicant must contact the City Water and Sewer Superintendent to inspect the
disconnect prior to connection of water service from the house to the City water system.
8. The applicant must contact the City Engineering Department to obtain an analysis of cash-
in-lieu of water rights for the proposed annexation. The determined amount must be paid
prior to annexation.
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 9 of 31
9. Notice Term Header. The Annexation Agreement must include the following notices:
Notice Term "a" Storm Water Master Plan. The Annexation Agreement must include
notice that, prior to development, the applicant will be responsible for preparing a storm
water master plan in conjunction with future development. The storm water master plan
shall address maintenance and operations until and unless the City affirmatively assumes
responsibility for maintenance and operations of stormwater facilities within the area of
the annexation.
Notice Term "b" Extent of Service. The Annexation Agreement must include notice the
City will, upon annexation, make available to the Property existing City services only to
the extent currently available, or as provided in the Agreement.
Notice Term "c" Water Rights. The Annexation Agreement must include notice that, prior
to future final development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code
Notice Term "d" Verification of Municipal Service. The Annexation Agreement must
include notice that there is no right, either granted or implied, for Landowner to further
develop any of the Property until it is verified by the City that the necessary municipal
services are available to the property.
Notice Term "e" Municipal Service Installation. The Annexation Agreement must include
notice that, prior to development, the applicant will be responsible for installing any
facilities required to provide full municipal services to the properties in accordance with
the City of Bozeman's infrastructure master plans and all City policies that may be in effect
at the time of development.
Notice Term "f" Utility Easements. The Annexation Agreement must include notice that
utility easements may be required to be provided by the landowner at the time of
development to ensure necessary municipal services are available to the property.
Notice Term "assessments. The agreement must include notice that charges and
assessments may be required after completion of annexation to ensure necessary municipal
services are available to the property.
Notice Term "h" Impact Fees. The Annexation Agreement must include notice that the
City will assess system development and impact fees in accordance with Montana law and
Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Notice Term "I" Impact Fees. All procedural terms necessary to establish the Annexation
Agreement in conformance with state law and municipal practice will be included with the
final Annexation Agreement.
10. ROW Term 1. {Flanders Mill Road is classified as a local street in the Bozeman
Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 60
feet. The applicant must provide their respective Flanders Mill road ROW from the
centerline of the existing ROW as a public street and utility easement where Flanders Mill
Road is adjacent to the property. A 30 foot public street and utility easement must be
provided prior to the adoption of Resolution of Annexation. The applicant can contact the
City's Engineering Department to receive a copy of the standard easement language.
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 10 of 31
11. Bozeman Municipal Code (BMC) 38.410.060.B.2. A ten (10) foot utility easement must
be provided along the lot frontage prior to annexation. The executed easement must be
delivered to the City Engineering Department. The easement must be executed on the
City’s standard easement form. A copy of the standard easement form can be obtained
from the City Engineering Department.
12. City of Bozeman Resolution 5076, Policy 1 - If not already filed for the subject site, the
applicant will need to provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for
the following: (a) Street improvements to Durston Road between N Cottonwood Rd and
N Ferguson Ave including paving curb/gutter, sidewalk, lighting and storm drainage; (b)
Street improvements to Ferguson Avenue including paving, curb/gutter, sidewalk, lighting
and storm drainage; (c) Flanders Mill Rd, between W Oak St and Durston Rd; (d)
Intersection improvements at Durston Road and North Ferguson Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; (e) Intersection
improvements at Durston Road and Flanders Mill Road including lighting, signalization.
Paving, curb/gutter, sidewalk, and storm drainage; (f) Intersection improvements at West
Oak Street and Flanders Mill Road including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage; (g) Intersection improvements at Ferguson Avenue and West
Oak Street including lighting, signalization, paving, cub/gutter, sidewalk, and storm
drainage. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof. The applicant must provide
a copy of the filed SID waiver prior to Site Plan approval.
Alternate Financing Term. The document filed must specify that in the event an SID is
not utilized for the completion of these improvements, the developer agrees to
participate in an alternate financing method for the completion of the improvements on
a fair share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development, or a combination
thereof. The applicant must provide a copy of the SID waiver in conjunction with the
Annexation Agreement
The applicant may obtain a copy of the template SID waiver from the City Engineering
Department. The document filed must specify that in the event an SID is not utilized
for the completion of these improvements, the applicant agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development, or a combination thereof. The
applicant must provide a copy of the SID waiver filed with the County Clerk and
Recorder prior to annexation
13. Bozeman Municipal Code (BMC) 38.410.130. The applicant must contact Griffin
Nielsen with the City Engineering Department to obtain an analysis of cash-in-lieu of water
rights for the proposed annexation. The determined amount must be paid prior to
annexation.
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22043 Staff Report for the 130 Flanders Mill Road Annexation & ZMA Page 11 of 31
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If
the Annexation Agreement is not approved, the Zone Map Amendment application is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “130 Flanders Mill Road Zone Map Amendment”. The map
exhibit must be revised to state R-3 zoning designation.
3. The applicant must submit a zone amendment map, titled “130 Flanders Mill Road Zone
Map Amendment”, as PDF and a digital copy of the area to be zoned, acceptable to the
Director of Public Works, which will be utilized in the preparation of the Ordinance to
officially amend the City of Bozeman Zoning Map. The map must contain a metes and
bounds legal description of the perimeter of the subject properties, zoning district, and total
acreage of the property.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 – ADVISORY COMMENTS
1. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
2. Upon future development of the parcel, the transfer of water rights or the payment of cash-
in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the annexation. The DRC did not
make a formal recommendation and did not express concerns with annexation of the property.
The City Commission will hold a public meeting on the annexation on July 26, 2022. The
meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave,
Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Annexation and Zone Map Amendment application. Members of the public will also be able
to participate remotely via WebEx. Instructions for joining the WebEx meeting will be
included on the meeting agenda which is published on the City’s website at least 48 hours prior
to the meeting
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The 130 Flanders Mill Road Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 22043.
The Development Review Committee (DRC) considered the amendment. The DRC identified
did not identify any infrastructure or regulatory constraints that would impede the approval of
the Zone Map Amendment application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on July 18, 2022 and will forward a recommendation to the
City Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on July 26, 2022.
The meeting will begin at 6 p.m. The meeting will begin at 6 p.m. in the Commission Room at
City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public
hearing on the proposed Annexation and Zone Map Amendment application. Members of the
public will also be able to participate remotely via WebEx. Instructions for joining the WebEx
meeting will be included on the meeting agenda which is published on the City’s website at
least 48 hours prior to the meeting.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
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Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
Criterion met. The subject property is totally surrounded by City limits.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
Neutral. The subject property is not currently contracting for services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal
water and sewer services. The existing residential structure and any proposed future
developments will be required to utilize municipal water or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is primarily planned as ‘Urban
Neighborhood’ and is within the urban area of the growth policy. See the discussion under
Criterion A of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill an existing island of un-annexed
property within City limits.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
Criterion Met. The subject property will provide the necessary right of way and utility
easements for Flanders Mill Road. No addition internal street network is required to serve the
property at this time.
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Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
Neutral. The subject property is 1.0875 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 5. The landowner will consent
to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. There is an existing 18 inch sanitary sewer pipe in Flanders
Mill Road. Water supply is installed in Sunstone Street to the north. Any future development
will be required to connect to the City systems.
Per Term of Annexation 5, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Flanders
Mill Road to the west. The Recommended Terms of Annexation include requirements for
these right of way provisions. See Terms of Annexation 12.
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Any additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards. Exact locations will be
determined by further technical analysis and site design.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No additional
changes to the growth policy is required. The application includes a request for initial zoning
of R-3. See the zone map amendment section of this report for analysis of the zone map
amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
This policy is met. The property is designated “Urban Neighborhood” on the future land use
map. As noted in Policy 3 above, the required growth policy amendment is complete and no
further adjustments are needed. See discussion under zone map amendment Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board (CDB) acting in their capacity as the City Zoning
Commission will be reviewing the requested zoning district designation on July 18, 2022.
The CDB’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on July 26, 2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested R-2, the Residential Moderate Density District.
See Section 7 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
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property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and
paved to the edge of the subject property.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject
property. There is an existing 18 inch sanitary sewer pipe in Flanders Mill Road. Water
supply is installed with a 8 inch pipe in adjacent Sunstone Street. The property is located
adjacent to existing urban development that is currently served by Bozeman Fire.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
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Criterion Met. The property is not currently provided City services. No emergency
connection is requested. City services will be required to be provided concurrent with future
development. Terms of Annexation 5 address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way.
Policy 12: The City will assess system development/impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees for additional
development. The annexation agreement will provide notice of obligations to pay impact fees
at times of triggers as required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. An annexation agreement has been prepared and will be provided to the
landowner. This policy will be implemented only if the Commission acts to grant approval. If
the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
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district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. There is an existing residential structure on the property utilizing on-site well
and septic system. The applicant will be required to disconnect the septic system upon
annexation and cease the use of the well for domestic water and connect to City water and
sewer service. A term of annexation requires connection to municipal water and sewer
implements this policy. In conjunction with future connection the septic system must be
properly abandoned and the well disconnected from the domestic supply. Terms of
Annexation 6-7 address these issues.
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
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In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Urban Neighborhood through the recent modification of the FULM to
correctly designate the FLU of the property. The Urban Neighborhood designation description
reads:
“This category primarily includes urban density homes in a variety of types, shapes, sizes,
and intensities. Large areas of any single type of housing are discouraged. In limited
instances, an area may develop at a lower gross density due to site constraints and/or natural
features such as floodplains or steep slopes. Complementary uses such as parks, home-
based occupations, fire stations, churches, schools, and some neighborhood-serving
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commerce provide activity centers for community gathering and services. The Urban
Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the R-3 district is an implementing district of the Urban
Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy has not been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. It is
inconsistent with this approach to zone at annexation for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify any
individual district but does lean towards the more intensive portion of the zoning district
spectrum.
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The Applicant simply states that, “Yes, we are requesting R-3 zoning and R-3 zoning
currently exist on two sides of the property.” No further analysis of how the proposed R-3
zoning in conformance with the growth policy was provided. Therefore, staff submits
additional analysis for consideration and includes specific goals and policy’s the amendment
furthers.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested R-3 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Municipal infrastructure is installed in the adjacent roadway and has capacity
accommodate additional development.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates
one of a number of isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property, for all intent and purpose, is wholly surrounded by the City. The property is
seeking annexation and municipal zoning for the purpose of maintaining and possibly
expanding the use and intensity of the site. The application is in accordance with the growth
policy.
B. Secure safety from fire and other dangers.
Yes. The existing building, constructed in circa 1905, is of unknown quality, fire, and safety
measures. Any renovations, expansions, or removal and replacement must meet the
development standards of the City and, in some cases, might require retrofitting to ensure the
building is safe for occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach
of the Fire Department. Fire protection water supply will be provided by the City of Bozeman
water system. The property is not within any delineated floodplain. Upon annexation the
subject property will be provided with City emergency services including police, fire and
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ambulance. The initial zoning of R-3 is not likely to adversely impact safety from fire and
other dangers. The property will be required to conform to all City of Bozeman public safety,
building and land use requirements. The City provides emergency services to adjacent
properties and there will be no difficulty extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected as the proposed annexation will allow the existing structure to connect to
the City sewer system, thereby removing a septic system and lessening resulting groundwater
discharge.
As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address
public safety, etc. It is often difficult to assess these issues in detail on a specific
site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed by
new development. The City implements these plans through its capital improvements program
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that identifies individual projects, project construction scheduling, and financing of
construction. Private development must demonstrate compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property in the Flanders Mill Road and Sunstone right-of-way and the
terms of annexation require the applicant to connect to municipal services and install any
facilities required to provide full municipal services to the property. The property is accessed
from Flanders Mill Road. Park dedication is not required at this time. However, if additional
residential units are constructed on the site parkland dedication, improvements or cash-in-lieu,
or a combination thereof may be required. Any future development of the property will be
evaluated for additional required improvements during the plan review process.
E. Reasonable provision of adequate light and air.
Yes. The R-3 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot coverage,
and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Yes. The proposed R-3 zoning designation will allow more intensity of use than the existing
County zoning permits. No additional right of way or road improvements are required with
initial annexation. Any future development will increase motorized and non-=-motorized
traffic on the City’s transportation system, any additional tax revenue will, in part, offset
increased impacts. Any additional development may trigger additional impact fee that will also
offset some of the impacts created.
One benefit is future development will require the construction of the missing sidewalk
adjacent to the property. The City has the authority to require the landowner to install the
sidewalk it is not a requirement of initial annexation.
Terms of annexation requires full public right of way along Flanders Mill Road to ensure the
transportation system can be built,
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
G. Promotion of compatible urban growth.
Yes. The applicant responded to this criterion by stating that, “Yes, it brings new families to
the area.” Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMC to establish
a common reference for consideration of this criterion and application of development
standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
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often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
The proposed R-3 district is a predominantly residential district. The allowed uses for
residential districts are set in section 38.310.030. The proposed zoning is the same as adjacent
properties to the east and north. An area of R-2 is to the south and institutional uses to the west,
Gallatin High School. Existing development is well below permitted intensity. The proposed
amendment is associated with an annexation creating continuity between the existing and
surrounding uses. Staff concludes R-3 zone is compatible and is urban growth as called for in
the growth policy. See also discussion for Criteria A & H.
H. Character of the district.
Yes. The proposed R-3 zoning promotes the character of the district as the intent of the
Residential Moderate Density district is to “… provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development
constraints.” Surrounding properties are low-density single-household residential. Adjacent
properties in the City are zoned R-1. The property directly across South 3rd is zoned Residential
Suburban (R-S) in the County and the property to the north which assorted with the Museum
of the Rockies is zoned Public Lands and Institutions. The proposed R-3 zoning designation is
consistent with the character of the neighborhood as well as existing development on the
property.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
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to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the R-3 district to be compatible with adjacent development and uphold the character of the
area.
I. Peculiar suitability for particular uses.
Yes. The property is located in an area of single-household residential development which is
suitable for uses allowed in the R-3 zoning district. The existing use of the property is
residential. Future development, if constructed, would likely increase the number of houses on
the site. Building heights, building setbacks, drive accesses, parking, open space requirements,
and parkland will limit the maximum density the site can support. The proposed R-3 zoning
designation is suitable for the current use of the property.
The applicant argues that, “… we are requesting R-3 and R-3 boarders property.”
J. Conserving the value of buildings.
Yes. There is an existing single-household residential structure in an area of compatible
residential land uses. The proposed R-3 zoning designation will allow for similar land use
patterns and will thus conserve the value of buildings in the area.
Any future development on the property will be subject to standards in the R-3 zoning district
which will ensure the conservation of adjacent building values including but not limited to
standards set forth in the Unified Development Code for fire safety, setbacks, buffers and
building heights, which will help alleviate any potential negative impacts to the values of
adjacent buildings as a result of future development on the subject property. Therefore, this
criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for residential uses. The
proposed R-3 zoning designation will encourage the most appropriate use of land as the
property is surrounded by lower density residential development, which is consistent with the
R-3 designation. Furthermore, the proposed R-3 zoning designation is consistent with the
Bozeman Community Plan’s future land use map designation of “Urban Neighborhood.”
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
No. The R-3 zoning designation is primarily residential, as with the R-3 and R-2 districts, near
service facilities with the city. The existing use is residential, the same as adjacent uses with
supporting educational and spiritual uses adjacent as well. The stated purpose of the R-3 district
is to provide for a variety of housing types, including single household dwellings, two to four
household dwellings, and townhouses to serve the varied needs of households of different
size, age and character, while reducing the adverse effect of non-residential uses which is
similar to neighboring properties.
Therefore, staff finds that this criterion is not met.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes and no. While the property is small and represents only one entity the community benefits.
The application is submitted by one landowner in conjunction with annexation of the single
1.087 acre property. Although the City supports multiparty annexation applications, landowner
annexation of single properties are the most frequent annexations. In this case, this property is
last remaining un-annexed property in the immediate vicinity. The community benefits by
eliminating one more inholding that is not paying city taxes but benefiting by its transportation
system and services.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
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general public. As discussed above in the various review criteria above, no substantial negative
impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in the various review criteria above, no substantial negative impacts or hazards
are identified due to this amendment which cannot be resolved or mitigated through other City
standards, policies or regulations. Although the zoning map is changing, the associated Terms
of Annexation, and the development standards referenced throughout the analysis of the zone
map amendment will limit impacts of new development and avoid expense to the general
public or surrounding landowners. When looking at the City as a whole, Bozeman is in need
of additional housing to meet increased demand for a variety of housing options.
The City Commission has adopted legal documents by which land uses and development
patterns are determined within city limits. The Unified Development Code (UDC), along with
the growth policy (BDC 2020) provide the guiding framework that governs what growth looks
like in our community. These documents go through numerous iterations as the knowledge and
understanding of development principles evolve, and as the needs of our community change.
The UDC establishes technical requirements that dictate the layout of subdivisions, the
placement and height of buildings, the width of driveways, allowable land uses, and a plethora
of other development requirements that shape the fabric of the community, and protect the
safety of its members. The growth policy is a visionary document that contains the long term
goals of the City for the next 20 years. These goals were crafted based on current growth and
development trends, contemporary planning theory, and through a robust public engagement
process that spanned the course of several years.
The layered dynamic of the two policy documents creates the ability for our community to
begin with large scale ideas about community growth and needs and distill them down into a
technical guide for how that growth and development can physically occur. The goals and
themes of the growth policy informs the technical content of the UDC which contains
provisions whose main focus is protecting the health, safety, and general welfare of the
community. This dynamic ensures that locations and standards of zoning districts are a benefit
to the community as a whole and do not benefit only one landowner. As noted in Section 6,
Criterion A, the proposed application is in accordance with the growth policy
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
person may in writing withdraw a previously filed protest at any time prior to final action
by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on July 3 and 10, 2022. The site was
posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was or will be provided at least 15 and
not more than 45 days prior to any public hearing.
As of the writing of this report on July 1, 2022, no written comments have been received on
this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
1. URBAN NEIGHBORHOOD.
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
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area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation indicates
that development is expected to occur within municipal boundaries. This may require
annexation prior to development. Applying a zoning district to specific parcels sets the required
and allowed density. Higher density residential areas are encouraged to be, but are not required
or restricted to, proximity to commercial mixed use areas to facilitate the provision of services
and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-3, “Residential Moderate Density” in association with
the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development
Code, “The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. This purpose is accomplished by: (1) providing for minimum lot sizes in developed
areas consistent with the established development patterns while providing greater flexibility
for clustering lots and mixing
housing types in newly developed
areas and (2) providing for a
variety of housing types, including
single household dwellings, two to
four household dwellings, and
townhouses to serve the varied
needs of households of different
size, age and character, while
reducing the adverse effect of non-
residential uses.
Use of this zone is appropriate for
areas with good access to parks,
community services and/or transit.
The Zoning Correlation Table on
Page 58 of the Bozeman
Community Plan, 2020 correlates
zoning districts with the Growth
Policy’s land use categories,
demonstrating that the proposed
zoning designation of R-3
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correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”.
Authorized uses in Residential districts are detailed in section 38.310.030.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Vivian Helvik, 130 Flanders Mill Road, Bozeman, MT 59771
Applicant: Torok & Company, 19 North 10th Ave., Suite 6, Bozeman, MT 59715
Representative: Torok & Company, 19 North 10th Ave., Suite 6, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260436&cr=1
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Silo Annexation and Zone Map Amendment to Annex and Establish
Residential Emphasis Mixed Use Zoning District on 115 Acres Located
Northwest of the Intersection of Davis Lane and East Valley Center Road in
Conjunction with Annexation, Application 21442
MEETING DATE:July 26, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 21442 and move to the Silo Annexation subject to the terms of
annexation and direct staff to prepare an annexation agreement.
Recommended Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the
Zoning Commission, and all information presented, I hereby adopt the
findings presented in the staff report for application 21442 and move to
approve the Silo Zone Map Amendment with contingencies of approval
necessary to complete adoption of an implementing ordinance.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex three parcels totaling
approximately 115 acres into the City limits and establish initial zoning of
REMU, Residential Emphasis Mixed-Use district. For further information see
the attached staff report. Application materials are available through the
City's Community Development Viewer and Laserfiche.
The Community Development Board acting in their capacity as the zoning
commission held a public hearing on May 2, 2022 on the zone map
amendment. The video of the public hearing is available through the City's
online services . One member of the public spoke at the hearing. The motion
to recommend approval passed on a vote of 3-2.
Three written comments have been received. All written comments will be
included in the Laserfiche folder for the project.
See the attached staff report for background information and staff analysis
100
of compliance with criteria of approval.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application;
2. Approve modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:none.
Attachments:
21442 Silo Annx-ZMA CC SR.pdf
Report compiled on: July 6, 2022
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Page 1 of 35
21442 Staff Report for the Silo Annexation and Zone Map Amendment
Public Hearing Dates: Zoning Commission – May 2, 2022
City Commission - May 24, 2022, continued to July 19, 2022.
Project Description: Annexation application 21442 requesting annexation of approximately
115 acres and adjacent right of way for E. Valley Center Road and amendment to the
City Zoning Map for the establishment of a zoning designation of REMU
(Residential Emphasis Mixed-Use District).
Project Location: West of the intersection of Davis Lane and E. Valley Center Road and
legally described as three parcels of land as described in Warranty Deed document
number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed
document number 2736654; situated in the NE 1/4 of Section 27, Township 1 South,
Range 5 East, Principal Meridian, Gallatin County, Montana.
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21442 and move to recommend approval
of the Silo Annexation Zone Map Amendment, with contingencies required to
complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
21442 and move to the Silo Annexation subject to the terms of annexation and direct
staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21442 and move to approve the Silo Zone Map
Amendment with contingencies of approval necessary to complete adoption of an
implementing ordinance.
Report: July 6, 2022
Staff Contact: Chris Saunders, Community Development Manager
Lance Lehigh, Interim City Engineer
Agenda Item Type: Action - Legislative
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Staff Report for the Silo Annexation and Zone Map Amendment, Application 21442 Page 2
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Zoning Commission as well as
the annexation and the zoning amendment for the City Commission. Application materials
available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258208&cr=1.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex three parcels totaling approximately 115
acres into the City limits and establish initial zoning of REMU, Residential Emphasis Mixed-
Use district. The property is currently zoned “Agriculture Suburban” (AS) within the county.
The same AS County zoning is also to the south. The property to the west is not zoned. Due
to a name conflict with a subdivision being reviewed by Gallatin County the applicant has
requested a project name change from Gallatin Meadows to Silo. All references through this
report are to Silo.
Nearby municipal zoning to the east is REMU, Residential High Density Mixed-Use and to
the north across the Interstate is M-1 (Light Manufacturing district). The Future Land Use
Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban
Neighborhood” which includes the REMU district as an implementing zoning district. The
property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street),
and E Valley Center Road to the north, (a Bozeman classified principle arterial). Beyond E
Valley Center Road is Interstate 90. The proposed annexation would bring in additional right
of way to build out Davis Lane to the full city street classification as would be required with
future development.
The property is currently vacant with no existing development or city services on the parcel.
The property is surrounded to the west with rural residential uses, to the south still in
agricultural uses to the north by right of way and the interstate, and to the east by vacant land
and active construction of future medical facilities.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
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Community Development Board
The Community Development Board acting in their capacity as the Zoning Commission
conducted their public hearing on May 2, 2022. The recording of the video is available at
https://bozeman.granicus.com/player/clip/281?view_id=1&redirect=true. One member of the
public spoke at the hearing. The motion to recommend approval passed on a vote of 3-2.
Alternatives
1. Approve the application;
2. Approve modifications to the requested zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board ........................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 10
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 12
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13
Annexation ........................................................................................................................ 13
Zone Map Amendment ..................................................................................................... 13
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19
Spot Zoning Criteria ......................................................................................................... 27
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 28
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 29
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APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 33
APPENDIX D – ADVISORY COMMENTS......................................................................... 33
FISCAL EFFECTS ................................................................................................................. 35
ATTACHMENTS ................................................................................................................... 35
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: BCP 2020 Future Land Use Map
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Map 3: Existing City Zoning
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Map 4: Existing City Zoning Large Scale Map
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Map 5: Existing County Zoning (grey is city area)
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Map 6: Large Scale Western Edge of City Context Map
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the Silo Annexation.
2. An Annexation Map, titled Silo Annexation Map with a legal description of the property
and including any adjoining un-annexed rights-of-way and/or street access easements for
Davis Lane and E. Valley Center Road must be submitted by the applicant for use with
the Annexation Agreement. The map must be supplied as a PDF for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineer’s Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall address
maintenance and operations until and unless the City affirmatively assumes
responsibility for maintenance and operations of stormwater facilities within the
area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until it
is verified by the City that the necessary municipal services are available to the
property.
e. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
f. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
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g. The Annexation Agreement must include notice that charges and assessments
may be required after completion of annexation to ensure necessary municipal
services are available to the property.
h. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
4. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation
Agreement.
5. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SIDs) for the following as part of the Annexation Agreement:
a. Street improvements to E. Valley Center from Hidden Valley Road to N. 27th
Avenue,
b. Ferguson Avenue from E. Valley Center to Catamount Street, and
c. Davis Lane from E. Valley Center to Baxter Lane including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at E. Valley Center and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Davis Lane and E. Valley Center including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the SID waiver in conjunction with the Annexation Agreement.
6. Ferguson Avenue is classified as a Collector in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 90 feet. The applicant must
provide their respective portion of the ROW necessary to follow the alignment shown in
the transportation plan as a public street and utility easement where Ferguson Avenue is
adjacent to or crosses the property. The easement will be required with future
development once the final alignment has been determined.
7. E. Valley Center is classified as a Primary Arterial in the Bozeman Transportation Master
Plan (TMP), which has a minimum right-of-way ROW width of 120 feet. The applicant
must provide their respective half of the ROW from the centerline of the existing ROW
as a public street and utility easement where E. Valley Center is adjacent to the property.
A public street and utility easement must be provided prior to the adoption of Resolution
of Annexation. The applicant can contact the City's Engineering Department to receive a
copy of the standard easement language.
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8. Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must
provide their respective half of the ROW from the centerline of the existing ROW as a
public street and utility easement where Davis Lane is adjacent to the property. A public
street and utility easement must be provided prior to the adoption of Resolution of
Annexation. The applicant can contact the City's Engineering Department to receive a
copy of the standard easement language.
9. A 25 foot wide City standard public access easement for a multi-use path adjacent to the
frontage of E. Valley Center Road must be provided prior to the adoption of the
Resolution of Annexation. The applicant can contact the City's Engineering Department
to receive a copy of the standard easement language.
10. The applicant must contact Griffin Nielsen with the City's Engineering Department to
obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to the adoption of Resolution of Annexation, if
applicable.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The applicant must submit a zone amendment map, titled Silo Annexation Zone Map
Amendment, acceptable to the Director of Public Works, as a PDF which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way for E. Valley
Center, and total acreage of the property.
2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor.
3. That all documents and exhibits necessary to establish the amended municipal zoning
designation of Residential Emphasis Mixed use shall be identified as the Silo
Annexation Zone Map Amendment.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on March 22, 2022. The
meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the
meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, application 21442.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on March 7, 2022 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on March 22,
2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included
on the meeting agenda.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the east over 650
lineal feet.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Neutral. The subject property is not surrounded in its entirety.
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Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Neutral. The subject property is currently vacant. It is not currently contracting with the City
for water, sewer or fire protection services. Future development will be required to connect
with City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal
water and sewer services. Future proposed developments will be required to utilize municipal
water or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban
Neighborhood’ and is within the urban area of the growth policy. See the discussion under
Criterion A of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will create a peninsula to the west. However, the
adjacent property to the south is well suited to annexation and urban development. The parcel
is quite large with a breadth and depth of approximately a half mile. Irregular extensions are
not prohibited in and of themselves. Given the size, staff concludes this is not an irregular
extension. The annexation will not create an annexation island.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. The subject property will provide additional right of way for Davis Lane to the
east which is designated by the City as a minor arterial. Easements or future easements for
Ferguson Road are required by the terms of annexation. An easement is required along E
Valley Center, which will enable connection of the existing shared use path to the west to the
shared use path easement east of Davis Lane. This is an important element of the developing
shared use path network in the NW part of the community. This annexation will enhance
both the City’s vehicular and pedestrian network by providing future right of way width for
these improvements. Although the improvements will not happen at the time of annexation,
future development will be required to install these improvements as their frontage
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requirements. Right of way for the E Valley Center shared use path is required as a term of
annexation.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion Met. The subject property is approximately 115 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which requires evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Term of Annexation 3. The landowner will consent to
this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the
City systems.
Per Term of Annexation 3, the Annexation Agreement required to finalize the annexation
requires the applicant to design extensions of services to meet the City’s adopted
infrastructure standards. These include provisions for minimum water pressure and volumes,
adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to
protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion Met. As discussed in Section 5, Goal 7, additional right of way is being included
for Davis Lane, Ferguson Avenue, E. Valley Center, and a shared use path. The
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Recommended Terms of Annexation include requirements for these right of way provisions.
See Terms of Annexation 8-9.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of REMU. See
the zone map amendment section of this report for analysis of the zone map amendment
criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The City Zoning Commission will review the requested zoning district designation on May 2,
2022. The Zoning Commission’s recommendation will be passed along to the City
Commission for review and consideration along with the annexation request on May 24,
2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of REMU, Residential
Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested
zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
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property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed on the east by Davis Lane which is a minor
arterial and paved to the edge of the subject property. Access is also available from E.
Valley Center Road on the north which is paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 3 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject
property. The property is located adjacent to existing urban development that is currently
served by Bozeman Fire and Police Departments. The property is located in the City’s water
and sewer service areas. Expansion of municipal utility and park facilities to serve the
development will occur during the development process. As noted above, the annexation
agreement will require future development to meet municipal standards.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
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disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. City services are not currently being provided to this property as it is vacant.
Future development will be required to hook up to City services. This annexation is not a
result of an emergency condition requiring connection.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as
required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as required. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. This policy will be implemented only if the Commission acts to grant
approval. If the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
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district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation
and zoning application information.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. There are no existing septic systems or wells that will need to be abandoned.
All future development will be required to connect to city services.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
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In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38,
BMC. The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
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restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the REMU district is an implementing district of the
Urban Neighborhood category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development. It is inconsistent with this
approach to zone at annexation for lower intensities than what infrastructure and planning
documents will support. This policy approach does not specify any individual district but
does lean towards the more intensive portion of the zoning district spectrum.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
Goal N-3: Promote a diverse supply of quality housing units.
The requested REMU district supports all three of the above as it authorizes a wide range of
housing types, lot sizes, and services to create a mix of housing.
Goal DCD-1: Support urban development within the City.
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The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the
City Commission declines the annexation then the requested REMU zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans for transportation, water, and sewer. The three facility plans identify
necessary improvements to support urban development on the site. Construction of necessary
improvements is required as part of the development approval process.
Goal EPO-2: Work to ensure that development is responsive to natural features.
The municipal code, specifically Sections 38.410.100, Watercourses, and Article 6,
Natural resource protection, include standards and processes to identify and protect wetlands
and water ways. Flood plains must be identified and avoided where appropriate. Placement
of fill, streets, and buildings is controlled to minimize impacts. These standards will apply to
all future development of the site and therefore the goal is met.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County and the applicable fire district has been notified of the proposed
annexation. No comments from either agency have been received to date.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the east. It adds
approximately 115 acres to the City limits that is available for urban development.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with
City emergency services including police, fire and ambulance. Future development of the
property will be required to conform to all City of Bozeman public safety, building and land
use requirements. The City provides emergency services to adjacent properties and no
obstacles have been identified in extending service to this parcel.
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C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map and identified policies in the BCP 2020. Public health
and safety will be positively affected by requiring new development to connect to municipal
sanitary sewer and water systems, which will prevent groundwater pollution and depletion by
wells and septic systems.
As noted in Criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site,
and full connection to the greater transportation network for users ensuring the promotion of
public health, safety and general welfare. The annexation and development of this site will
facilitate expansion of the non-motorized travel network with placement of a multi-use trail
along E Valley Center. This in an important segment in connecting the existing elements of
the trail elsewhere along E Valley Center. Presence of the trail will facilitate non-motorized
travel and recreational activities supportive of personal health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This standard does not require infrastructure prior to zoning adoption. It does
require that the zoning “facilitate the provision” of named infrastructure. This property is
included in future planning areas for transportation, parks, sewer, and water. The City
conducts extensive planning for municipal transportation, water, sewer, parks, and other
facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed
by new development. The City implements these plans through its capital improvements
program that identifies individual projects, project construction scheduling, and financing of
construction.
The City’s infrastructure plans show the necessary water, sewer, and streets can be provided
for this site. In conjunction with any future development proposal specific analysis of
additional demand from that development will be required and impacts must be mitigated. A
large share of Chapters 38 and 40 of the municipal code and the state Subdivision and
Platting Act are focused on ensuring provision of adequate infrastructure and services
concurrently with development. The annexation agreement associated with this project will
contractually bind the current and future landowners to conform to municipal standards for
infrastructure. See Section 5 above. See also the advisory comments at the end of this report.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
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38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
See also comments under Criterion C.
All future construction must extend services in conjunction with subdivision and site
development. Those extensions must meet current standards and will advance this standard.
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks,
height, lot coverage, and buffering. The criterion is not about personal preferences but about
protection of public health and safety. The adopted standards address protection of public
health and safety.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural
protection zone which requires 20 acres per home. The site is presently a small grains field.
Any development under Bozeman zoning will generate more traffic, on foot, bicycle, or
vehicle, than a field.
To meet the adopted standards of 38.400, when a development is proposed, it will be
responsible for frontage improvements along Davis Lane as well as Valley Center Road. In
addition, the City’s proposed trails plan includes a shared use path along Valley Center Road.
Future development will be required to provide these improvements which will enhance the
city’s motorized and non-motorized transportation systems. Local streets will be laid out and
constructed as development proceeds. Sidewalks and bike facilities are minimum standards
and will be constructed as needed. The site is not yet addressed. The nearest known address is 14 Stubbs Lane which has a
Walk Score of 3, a Transit score of 0, and Bike Score of 32. Average walk score for the city
as a whole is 48 out of 100. These values are provided by Walk Score, a private organization
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which presents information on real estate and transportation through walkscore.com. The
algorithm which produces these numbers is proprietary. A score is not an indication of safety
or continuity of services or routes. Scores are influenced by proximity of housing, transit, and
services and expected ability, as determined by the algorithm, to meet basic needs without
using a car. Sites located on the edge of the community have lower scores than those in the
center of the community as the area is still under development and therefore diversity of uses
is less than in fully established areas. There are no adopted development standards relating to
the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent of the REMU zone is to provide for high density residential
development through a variety of housing types and residential supportive commercial uses
to create a walkable area to serve the varying needs of the community’s residents. The
subject property is adjacent to low-density residential uses to the west and high intensity
commercial and residential uses to the east (including a proposed medical facility). Creating
a more dense residential development with commercial services adjacent to a higher intensity
commercial area is a compatible use. In addition, this property is accessed by both a major
and a minor arterial and is located immediately south of Interstate 90, thus the access and
existing major street systems are already in place. Extension of Ferguson Avenue will occur
with future development in accordance with the terms of annexation. The REMU district
allows for a wide range of residential uses which allows for consideration of existing
development to the west. In addition, the proposed zoning is in accordance with the Bozeman
Community Plan’s future land use designation of Urban Neighborhood.
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character. The intent and purpose of the REMU district is available in
38.300.110.F and in Appendix B of this report.
The City has defined compatible development as:
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“The use of land and the construction and use of structures which is in
harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design;
rhythm of architectural elements; scale; intensity; materials; building siting;
lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77.
The existing character of the site is as a field. Any change in zoning will modify the essential
character of the property. To the east is the City limits with various higher density zoning
districts. To the west is an unzoned rural subdivision initially platted in 1970 and rearranged
in 1973 with lots of about an acre in size. In 1970, the city limits were about 3.5 miles away.
The zoning amendment is in conjunction with annexation of the property. It is appropriate to
zone the annexing area consistent with the current growth policy and other standards of the
City. The amendment does not alter the allowed uses or standards within the adjacent unzoned
rural subdivision.
I. Peculiar suitability for particular uses.
Criterion Met. The site is well located in relation to utilities and transportation. Proximity of
housing to significant services and employment is encouraged in the growth policy. The site
is large and has access to two arterial streets and one collector street. The large site facilitates
planning and layout of the site to meet many needs. The site has modest topography. The
proposed REMU zoning designation is suitable for the property’s location and adjacent uses.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the subject property. The amendment is for the
zoning map and does not alter allowed uses on adjacent property.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is
excellent access to the city’s services, including streets, thus is able to support a higher
intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed
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REMU zoning designation is consistent with the BCP 2020 future land use map designation
of “Urban Neighborhood”.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. The amendment site bridges areas with different uses. To the east are
commercial and services and high density residential. On the north is an intensive
transportation corridor with interstate, railroad, and two arterial streets. To the west is rural
residential at suburban densities. On the south agricultural uses are in place at this time but
may change soon. While the proposed zoning district is not an exact match in type or
intensity of the adjacent land uses, there is no one district which would be able to match all
the adjacent uses. The REMU allows for a wide mix of residential uses and a broad range of
commercial uses but with limited commercial scale. Thus, while the REMU is not the exact
same as the adjacent properties, it is a proposed intensity that falls within the range of
adjacent properties land uses of rural single family homes and agriculture, and high intensity
businesses, and would act as a graduated intensity of use between the adjacent uses. As
discussed in Criterion A above, the REMU zoning is consistent with the adopted growth
policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. The application is submitted by one landowner in conjunction with the
proposed annexation of the property. While the City supports and encourages multiparty
annexation applications, they are not required. Single owner petition annexation requests are
the most frequently seen. The area of the amendment is 115 acres, a much larger area than
the individual parcels adjacent to it. The amendment is consistent with and supports the
City’s adopted growth policy, thus it is a benefit to the greater community even though the
number of immediate landowners are small.
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3. Would the change be in the nature of “special legislation” designed to benefit only
one or a few landowners at the expense of the surrounding landowners or the general
public?
Criterion not met. While the applicant will directly benefit from the proposed zone map
amendment, the amendment is not at the expense of surrounding landowners or the general
public. As discussed in the review criteria above, no substantial negative impacts are
identified due to this amendment.
The application is consistent both with the City’s growth policy. The growth policy
consistency demonstrates benefit to the general public and greater community. As mentioned
previously, any future development will require the applicant to provide the needed
infrastructure to support new development. Concurrency and adequacy of infrastructure
should mitigate potential negative effects on others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area to the east within the City. Change is character is inevitable
with a change from agriculture to any urban use. The development standards of the City will
address utility, transportation, and other issues to mitigate impacts from future development.
These standards are applied during subdivision and zoning review of proposed development.
Therefore, the amendment does not benefit the landowner at the expense of others.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
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must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on April 17th and April 24th, 2022. The
notice was provided for the applicant to post on site and mail by the applicant as required by
38.220. Notice was provided at least 15 and not more than 45 days prior to any public hearing.
As of the writing of this report on May 19, 2022, three written comments have been received
on this application. One oral comment was given at the public hearing on May 2nd. All
comments are available in the recording of the hearing or through the Laserfiche comments
archive.
One member of the public asked questions at the Community Development Board public
hearing regarding availability of infrastructure and addressing water features on the site. The
same person later submitted written comment on the same subject. Such items are addressed
in a variety of state and local regulations. Any future development must demonstrate adequate
infrastructure and to appropriate compliance with site development standards before any
approval will be issued. All written public comment is available online through the City’s
archive.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
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to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed-use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place;
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d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of
complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as
the greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the
proposed zoning designation of REMU correlates with the Growth Policy’s future land use
designation of “Urban Neighborhood”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Virga Capital, PO Box 1070, Bozeman MT 59771
Representative: Intrinsik Architecture, 106 E Babcock St, Ste 1A, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager, Community
Development Department
APPENDIX D – ADVISORY COMMENTS
The following informational items are provided for consideration during the design of
development on the site in the future.
General
1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is
adjacent to a watercourse, the developer must mitigate the impacts of the development on
the watercourse.
Stormwater
1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High
Groundwater - The subject project is located in an area that is known to have seasonally
high groundwater. Upon future development, the applicant must confirm seasonal high
groundwater level (SHGWL), and seasonal high groundwater data must be measured and
submitted with any future development application on the parcel. Due to the seasonal
nature of SHGWL measurements, the applicant is advised to begin groundwater
measurements in the winter and continue measuring through fall. Measurements must be
at sufficient intervals to define the SHGWL across the site. Industry guidance
recommends a three-foot minimum separation from the bottom of a stormwater facility to
the underlying groundwater table.
Transportation
1. Montana Department of Transportation (MDT) must be consulted regarding the
requirement of any road or intersection improvements and access on E. Valley Center
Road. MDT must grant approval for any work within the E. Valley Center ROW.
2. BMC 38.400.010 Streets (A) – BMC 38.400.010 Streets (A) (1) Upon future
development, East Valley Center, Davis Lane, and North Ferguson Avenue must be fully
constructed adjacent to the subject property to the City’s Street Standard as defined in the
City’s Transportation Master Plan (Collector or Principal Arterial). Any required right-
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of-way (ROW) or public street and utility easement acquisition from offsite property
owners is the applicant’s responsibility.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the Davis Lane improvements must be in place prior to future subdivision,
final plat, or final site plan approval and that offsite easement acquisition may be required
at the time of development to allow Davis Lane to be constructed to meet the subject
development requirements.
3. BMC 38.400.010 Streets (A) – Upon future development, the intersection of East Valley
Center and Davis Lane must be constructed per the City’s Transportation Master Plan
Object ID# 11.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the East Valley Center Road and Davis Lane intersection must be in place
prior to future subdivision, final plat, or final site plan approval and that offsite easement
acquisition may be required at the time of development to allow the intersection to be
constructed to meet the subject development requirements.
4. BMC 38.400.10 Street (A.1) – Upon future development, the development must have a
minimum of two street connections to the development that are sufficiently connected to
the existing City street network.
The applicant is advised that any required ROW or public street and utility easement
acquisition for the local roads must be in place prior to subdivision final plat or final site
plan approval and that offsite easement acquisition may be required at the time of
development.
5. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to East Valley Center Road. Upon future
development the trail must be constructed through property as defined in the City Parks,
Recreation, Open Space, and Trails (PROST) Plan. The trail must reside completely on
the subject property as it will not be allowed within the Valley Center ROW.
6. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan
calls for a multi-use along the property frontage to Davis Lane. Upon future development
the trail must be constructed through property as defined in the City Parks, Recreation,
Open Space, and Trails (PROST) Plan.
7. BMC 38.410.040 Blocks - Upon future development, streets must be constructed to an
appropriate local street grid through the property that meets block length requirements.
Water and Sewer
1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems. In
conjunction with streets construction - The City’s Water Facility Plan identified the need
for a water transmission main (CIP Reference FP_1455: 12-inch water main New Growth
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and Development) directly adjacent to the subject property along East Valley Center
service future development. The City’s Water Facility Plan identified the need for a water
transmission main (CIP Reference FP_2225: 12-inch water main New Growth and
Development) directly adjacent to the subject property along the future alignment of
North Ferguson Avenue.
In addition, the applicant is advised that the subject property is located in a new pressure
zone (Northwest Zone 3) as identified in the City’s water facility plan. A pressure
reducing valve vault will need to be designed and installed in order to maintain stable
system pressures and fire flows for future development that reside in the proposed
annexation area (CIP Reference V8134). A secondary water main connection will be
required to service the development. The applicant is advised that the capital
Improvements identified within the facility plans must be located within City ROW, a
public street and utility easement, or a water and sewer easement. Water infrastructure
improvements will be reviewed with future development applications. The identified
water capital planning improvements must be designed in coordination with any future
East Valley Center or Davis Lane improvements adjacent to the subject property.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record was electronically submitted and can be viewed at
https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project
Documents’ and navigate to application 21442 to view the full application. Digital access is
also available at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715.
Application materials direct link:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258208&cr=1
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