HomeMy WebLinkAbout09-27-22 City Commission Meeting Agenda & Packet MaterialA.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 Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and Authorize the Director of
Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman; the
Director of Community Development to Execute the Improvements Agreements on Behalf of
the City of Bozeman, Application 21414(Garber)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, September 27, 2022
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If you are interested in commenting in writing on items on the agenda please send an email to
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Public comments will be accepted in-person during the appropriate agenda items.
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on cable channel 190.
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F.3 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Partnership for the Administration of the Downtown Business Improvement
District for Fiscal Year 2023(Fine)
F.4 Authorize the City Manager to Sign a Professional Services Agreement in the Amount of
$37,500 with Design.5 Landscape Architecture to Supply Complete Design Services for the
Downtown Alley Project, Phase 2(Staley)
F.5 Authorize the City Manager to Sign Task Order 4 Bozeman Water Reclamation Facility Motor
Control Center Replacement 1 Services Under Existing SCADA On-Call Services Professional
Services Agreement Term Contract(Breuckman)
F.6 Ordinance 2103 Final Adoption of the Rainbow Creek Zone Map Amendment, Giving an
Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres
Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application
18240(Garber)
F.7 Ordinance 2104 Final Adoption to Repeal and Replace Division 38.430 Planned Unit
Development with a New Planned Development Zone Process and Amend 24 Related
Sections of the Bozeman Municipal Code, Application 22133(Saunders)
G.Consent II: Items Acted Upon Without Prior Unanimous Approval
G.1 Ordinance 2105 Final Adoption, Repeal Division 38.380, Affordable Housing, and Amend
Associated Standards and Replace With a New Division 38.380 Affordable Housing Text
Amendment, Application 22133(Saunders)
H.Consent III
H.1 Ordinance 2125 Final Adoption, Heritage Christian School Annexation Zone Map
Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density
District, On 13.58 Acres at 4310 Durston Road, Application 22170(Saunders)
I.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.
Written comments can be located in the Public Comment Repository.
J.Special Presentation
J.1 Health Officer Special Presentation(Christenson)
J.2 National Community Survey Special Presentation(Henderson)
K.Action Items
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K.1 The South 8th Zone Map Amendment Requesting Amendment of the City Zoning Map to
Change the Zoning on 0.18 Acre Parcel from R-4 (High Density Residential District) to R-5
(Residential Mixed-Use High Density District)(Rogers)
K.2 Resolution 5413 - Annual Assessment for Business Improvement District (BID) for Fiscal Year
2023(Hodnett)
K.3 Resolution 5414 - Annual Lighting Assessments for Fiscal Year 2023 (Hodnett)
L.Appointments
L.1 Appointment to the Board of Ethics (Maas)
M.FYI / Discussion
N.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
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:September 27, 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: September 22, 2022
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Memorandum
REPORT TO:City Commission
FROM:Tim Cooper, Assistant City Attorney
Danielle Garber, Associate Planner
SUBJECT:Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and Authorize
the Director of Transportation and Engineering to Execute the Same on
Behalf of the City of Bozeman; the Director of Community Development to
Execute the Improvements Agreements on Behalf of the City of Bozeman,
Application 21414
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and authorize
the Director of Transportation and Engineering to execute the same on
behalf of the City of Bozeman; the Director of Community Development to
execute the improvements agreements on behalf of the City of Bozeman.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
On June 18, 2018, the Bozeman City Commission conducted their review of
the Preliminary Plat application for the Gran Cielo Subdivision, application
no. 17522, and voted unanimously to approve the preliminary plat
application. Subsequent to the preliminary plat approval by the City
Commission in 2018, the applicant proposed the removal of the second park
in Phase 4, Block 14 which triggered a new preliminary plat review cycle,
reviewed as application no. 19219. The applicant proposed changes that
include approximately 21 units be placed on lot 4 where the second park
was previously approved, and revisions to the master park plan that included
enhanced amenities as improvements-in-lieu being used to make up the
difference. This revised Preliminary Plat application was reviewed by the City
Commission on September 23, 2019 and was approved by a unanimous vote.
The findings of fact for both applications are linked below.
76-3-611(1), MCA, provides that the City Commission shall approve the plat
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only if:
(a) it conforms to the conditions of approval set forth on the preliminary
plat and to the terms of this chapter and regulations adopted pursuant to
this chapter; and
(b) the county treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to be subdivided have been
paid.
The County Treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to subdivide have been paid.
Attached is a memorandum from Danielle Garber, Associate Planner, stating
the staff has concluded that all terms and conditions of the preliminary plat
approval have been met.
Improvements Agreements are required for final plat approval of this
subdivision. The improvements agreements guarantee the installation of
sidewalks fronting all lots, and public landscaping. Both improvements
agreements guarantee that improvements will be installed within twelve
(12) months of the filing of the final plat. All other necessary improvements
are constructed.
The signed Findings of Fact for Preliminary Plat Application no. 17522 can be
viewed at this link:
http://weblink.bozeman.net/WebLink8/0/doc/161403/Electronic.aspx
The signed Findings of Fact for Preliminary Plat Application no. 19219 can be
viewed at this link:
http://weblink.bozeman.net/WebLink8/0/doc/200429/Electronic.aspx
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:
Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property.
Attachments:
21414 Gran Cielo Phase 2 Final Plat.pdf
21414 Staff Memo
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Report compiled on: September 15, 2022
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MEMORANDUM
----------------------------------------------------------------------------------------------------------
TO: TIM COOPER, ASSISTANT CITY ATTORNEY
MIKE MAAS, CITY CLERK
FROM: DANIELLE GARBER, ASSOCIATE PLANNER
RE: FINAL PLAT REVIEW FOR THE GRAN CIELO PHASE 2 SUBDIVISION
FINAL PLAT, PLANNING FILE NO. 21414
DATE: SEPTEMBER 15, 2022
----------------------------------------------------------------------------------------------------------
Bozeman Haus, LLC (Applicant), made application to the City of Bozeman Department of
Community Development for Final Plat review and approval for the Gran Cielo Phase 2
Subdivision Final Plat to create 53 residential lots. Attached is a copy of the Findings of Fact
and Order from both Preliminary Plat Applications, numbers 17522, and 19219 for Gran
Cielo Subdivision. The Commission approved the Findings of Fact on June 18, 2018 and
September 23, 2019. Major multi-phased subdivision approvals are valid for three years
plus extensions.
Two Improvements Agreements are required for this subdivision for the following
improvements: the installation of sidewalks fronting all lots, and public landscaping.
Based on the summary review provided below, the City Engineering Department and
Department of Community Development have reviewed the application against the
conditions of preliminary plat approval; and as a result, find that the Final Plat application
may be approved by the City Commission.
Three (3) original mylars of the Final Plat, original Platting Certificate, original signed
improvements agreement for sidewalks, and copies of the recorded easements from the
previous phase, Gran Cielo Master Covenants, recorded SID waiver of right to protest, and a
copy of both Findings of Fact and Order are attached for your review.
The Community Development staff respectfully requests that you prepare City Attorney's
Certificates using the attached original Platting Certificates as updated; approve the
Certificates of Director of Public Works and Certificate of Completion "as to form". The
final City signatures will be obtained once the City Commission has approved the final plats
and the unresolved issue listed above is resolved.
The application was deemed adequate on September 15, 2022. The final plat review must
be completed within a 20-day (working days) review period. The review period begins
once the signed mylars are received.
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Page 2 of 2
The conditions of preliminary plat approval, which are pertinent to this subdivision and how
they have been met, are described in the submittal materials.
Note: The Community Development Department and Engineering Department have
also reviewed the final plat application against the preliminary plat cited code
provisions and found compliance with these code requirements. The Engineering
Department has also reviewed and approved the “closure” of the final plat.
We received communications from the City’s Legal Division that due to HB 259 related to
inclusionary zoning that the City will not enforce the requirements for affordable housing
cash in lieu as originally required during the preliminary plat and as reflected in the
findings of fact. The affordable housing plan and plat notes related to affordable housing
and cash in lieu have been removed from the final plat
The project is scheduled for consideration by the City Commission on September 27, 2022.
Materials for the agenda will be uploaded today (September 15, 2022). Please let me know
if this will not work.
Attachments:
Three (3) Mylar Final Plats
Original Platting Certificate (original signed) dated September 8, 2022
Improvements Agreements (original signed) as listed below:
Sidewalk Improvements – Phase 2 – LOC Provided
Trees & Public Landscaping – Phase 2 – LOC provided
Gran Cielo Master Covenants – Copy from Phase 1
Waiver of Right to Protest SID – Copy from Phase 1
Resolution 5099 – Lighting District No. 757 Creation
Easements (copies) as listed below:
2223367 - Sanitary Sewer & Pipeline and Access Easement and Agreement
2693731 – First Amendment to The Agreement to Grant Public Street & Utility
Easement (City required revisions to 2650296)
2650296 – Agreement to Grant Public Street & Utility Easement And First Right
of Refusal to Purchase
2650295 – Agreement to Grant Public Street & Utility Easement
2654314 – Public Street and Utility Easement
2643899 – Public Street and Utility Easement
2643900 – Sewer and Water Pipeline and Access Easement and Agreement
2287378 – Public Street and Utility Easement
2711982 – Public Street and Utility Easement
2717371 (2711984) – Public Street and Utility Easement
Findings of Fact x 2
cc: File
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Urban Renewal Program Manager
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2023
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2023
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:As allowed by statute (MCA 7-12-1131), the City annually contracts the
Downtown Bozeman Partnership to administer the Downtown Business
Improvement District.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown BID pays a
fee to the Downtown Partnership to cover the administrative costs of
managing the district and implementing the annual work plan.
The FY2023 Downtown BID work plan and budget was unanimously
approved by the board on May 18, 2022 and presented to the City
Commission on June 14, 2022.
Attachments:
FY2023 DBP- COB PSA for Management of BID District.docx
Report compiled on: September 9, 2022
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__(“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to
as “City,” and,Downtown Bozeman Partnership, LLC, a limited liability company, with a physical and
mailing address of 222 East Main Street #302, Bozeman, MT 59715, hereinafter referred to as “Contractor.”
The City and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services
described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire
on the 30
th day of June, 2023, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of
Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services,
Exhibit “A” as the “Downtown Partnership Management Fee”. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above the
amount listed in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to perform
the services required by this Agreement; that it will perform the services in a professional, competent and
timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement
and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or
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violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander
or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will
not determine or exercise control as to general procedures or formats necessary to have these services meet
this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an employee of the City
for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other purpose.
Contractor is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title
39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance
in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for
independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to
alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be
left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related
legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue
at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands,
costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any
labor problems or disputes or any delays or stoppages of work associated with such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the
City,its agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees
and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability
where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the negligence of any party
or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct
of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
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For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct
of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed
to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would
otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to defense or
indemnification under this Agreement or under the Contractor’s applicable insurance policies required
below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s)
thereof.
In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way connected
with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for
willful injury to the person or property of another, or for violation of law, whether willful or negligent” as
per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations specifically assumed by the
Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically
assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit and without
regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanyingendorsements in amounts not less than as follows:
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Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional
or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability,
and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall
notify City within two (2) business days of Contractor’s receipt of notice that any required insurance
coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
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Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease performance under this Agreement
and make every reasonable effort to refrain from continuing work, incurring additional expenses or
costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives any right to
claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field
office overhead, general conditions costs, or lost profits damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within thirty (30) days of the facts and circumstances giving rise to the claim. In the event
Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this Agreement
shall be David Fine or Melissa Hodnett or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required by
this Agreement, such communication or submission shall be directed to the City’s Representative
and approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as designated by the City
in writing and may receive approvals or authorization from such persons.
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b.Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be Emily Cope (DBP Economic Development Director) or such other
individual as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other designated
Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the
email address or fax number provided by the Party’s Representative; or on the fifth business day
following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license,
and inspections from applicable governmental authorities, and pay all fees and charges in connection
therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws,
all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority
and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractorwill not refuse employment to a person,
bar a person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status or
sex distinction. The Contractorshall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
20
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any
employee or agent engaged in services to the City under this Agreement while on City property or in the
performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall
comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT)
regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have
the right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing its
employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior
written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions
of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of
this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records for the purpose of verifying that the reimbursement of monies
distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default or
breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs,
including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff.
21
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third
party.
28.Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties other than as
set forth in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by
reference.
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30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter
18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA DOWNTOWN BOZEMAN PARTNERSHIP
By________________________________By__________________________________
Jeff Mihelich, City Manager
Print Name: Emily Cope
Print Title: DBP- Economic Development Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
23
Scope of Services: Exhibit “A”
Downtown Business Improvement District
FY2023 BID Work Plan and Budget
BID Mission Statement
The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and
partnership with local government, business owners, residents and citizens strive to create a shared vision and
voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-
term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the
long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets
and the BID will work together to keep our downtown a safe, beautiful and vibrant place.
BID Assessment Programs
The following programs are funded by the special assessments collected from property owners within the Business
Improvement District. The BID assessment for FY2023 will be $220,000. The BID will also receive approximately $50,350 in
additional revenue from sponsorships and maintenance contracts.
Downtown Bozeman Partnership ($63,000)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the
Downtown Partnership office located at 222 East Main Street.
Downtown Bozeman Association ($27,000)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA
hosts events downtown that include Art Walks, Christmas Stroll, Music on Main, Crazy Days, Cruisin’ on Main Car
Show, Restaurant Week and more.
New Program/Outreach Bozeman ($20,000)
The new program could be sidewalk pressure washing, public art project or another as needs arise for the district.
HRDC utilizes a street outreach team approach to reach individuals and families experiencing homelessness. Since
the beginning of the DBP Street Outreach program, HRDC has increased staff, capacity, resources and trainings to
better serve, not just the downtown business community, but the entirety of Bozeman.
Summer Flowers ($30,000)
The BID purchases, installs and maintains (which includes watering 7 days a week) 300+ hanging baskets of Super-
Petunias. In summer of 2022, 40+ additional hanging baskets will be placed on Babcock and Mendenhall. These
flower baskets are hung throughout downtown from June through September on the historic lamp posts.
Holiday Lighting ($5,500)
The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main
Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and
Grand intersections; and 4) the infamous holiday “spider” decoration above four downtown intersections.
Maintenance Program ($92,575)
The BID hires two full-time maintenance employees in addition to two part-time maintenance employees for the
summer months. Primary tasks performed by the BID maintenance staff includes garbage collection, flower
watering, tree watering, Soroptomist Park upkeep, installation of the light pole banners, maintenance of pedestrian
benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 4,200 bags of garbage
and recycling during the past year from over 100 receptacles.
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Professional Services Agreement for the Management of the Downtown Business Improvement District for FY2023
Page 11 of 12
Graffiti Removal Program ($5,750)
The BID comprehensive graffiti removal program is in its third year of operation. Since 2009, this program has
removed 4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with property
owners to clean private buildings of graffiti. The BID will continue to actively remove new tags as quickly as possible
considering immediate removal has proven to be the most effective deterrent.
Downtown Banners ($3,000)
The BID purchases, installs and maintains the downtown light pole banners. Seasonally the BID installs banners for
MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, Bridgercare,
Greater Yellowstone Coalition and more.
Tree Replacement ($2,000)
The BID replaces trees that have died in the downtown district. In coordination with the City Forestry Division, dead
trees are removed and then replaced by a local nursery. Smaller newly planted trees are susceptible due to physical
damage and insufficient water. The BID replaces between two and six trees a year.
Downtown Marketing ($2,500)
The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the
Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications.
Vehicle Maintenance ($9,750)
The BID owns and maintains a maintenance truck and two mules/ATVs.
Maintenance Supplies ($6,375)
The BID purchases a wide variety of maintenance supplies for various programs, including trash bags.
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Professional Services Agreement for the Management of the Downtown Business Improvement District for FY2023
Page 12 of 12
FY23 BUDGET
Income
BID Assessment 220,000$
BID Assessment--residual
Contract Income 24,000$
Interest Income 100$
Mobile Vending Fees 1,750$
Flower Sponsorships 9,000$
Christmas Light Sponsorships 3,500$
Streetlamp Banners 12,000$
Total Income 270,350$
Expenses
Management Fee 63,000$
Total Expenses 63,000$
Payroll Expenses
Maintenance Staff 60,000$
Taxes 4,825$
Work Comp 3,300$
Maintenance Staff--Garage 22,500$
Taxes 975$
Work Comp 975$
Total Payroll Expenses 92,575$
Programs
Outreach Bozeman/New Program 20,000$
Downtown Bozeman Association (DBA) Support 27,000$
Christmas Lights 2,000$
Christmas Light Spider Repair 2,000$
Christmas Lights Storage 1,500$
New Banners 3,000$
Flower Expenses 30,000$
Flower Water 300$
Tree Purchases 2,000$
Marketing 2,500$
Maintenance Supplies 3,750$
Garbage Bags 2,625$
Graffiti Supplies 1,250$
Graffiti Contracted Removal 4,500$
Mule Service & Fuel 1,750$
Truck Service & Fuel 2,500$
Vehicle Insurance 5,500$
Program Contingency 1,000$
Total Program Expenses 113,175$
Total BID Expenses 268,750$
NET ASSESSMENT INCOME 1,600$
26
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement in the
Amount of $37,500 with Design.5 Landscape Architecture to Supply
Complete Design Services for the Downtown Alley Project, Phase 2
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:That the City Commission approve the professional services agreement with
Design.5 Landscape Architecture and authorize the City Manager to sign the
agreement on behalf of the City.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:The Bozeman Alleyways Project is a beautification project in our downtown
alleys intended to enhance and create cultural identity in our cultural core.
This PSA will take this project into Phase 2 for the completion of one full
alleyway from North Black Ave to North Tracy Avenue with design, art and
lighting elements. The project has been identified as a short-term project
within the Downtown Bozeman Improvement Plan.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Contract cost of $37,500 is within the amount funded in the approved fiscal
year 2023 budget and work plan.
Attachments:
PSA_Alley Project-Design5.pdf
Report compiled on: September 9, 2022
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 27th_ day of _September_, 2022_
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Design.5 Landscape Architecture, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _28th_ day of _September_, 2022, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $37, 500.00. Any alteration or deviation
from the described services that involves additional costs above the Agreement amount will be
performed by Contractor after written request by the City, and will become an additional charge over
and above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 4 of 14
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership
or such other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this Agreement,
such communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City’s Representative is not available, Contractor may
direct its communication or submission to other designated City personnel or agents as
designated by the City in writing and may receive approvals or authorization from such
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Hamilton or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
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Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
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gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
35
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 9 of 14
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
36
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 10 of 14
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
37
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 11 of 14
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
SCOPE OF SERVICES
SCHEMATIC DESIGN REFINEMENT
• Obtain digital survey file in AutoCAD (from TD&H Engineering). Accurate site
data is critical to good planning. Minimum one (1) foot contour site plan of
existing conditions and utilities is necessary for design work to begin
(completed/received)
• Continue design concepts that were completed by DHM Design in 2020,
including meeting with client, City of Bozeman, Groundprint, General
Contractor, stakeholders, artists, and others to finalize the design and approval
process, goals, and precedent projects
• Continue to develop a schematic design for hardscapes, softscapes, artwork,
and improvements as requested by client
• Ground truth all improvements with client, City of Bozeman, Groundprint, etc.
• Coordinate “rough order of magnitude” pricing estimate with General Contractor, artists, etc.
• Design 5 assumes a close collaboration with other design professionals
(structural/civil/electrical engineers, etc.), artists, Groundprint, and General Contractor, as
necessary
• Coordinate drawings with City of Bozeman and others as needed
• Refinement of hand-drawn conceptual site layout and exterior amenities. Plan
showing proposed features, planting beds, trees, shrubs, hardscape, lighting,
art, and amenity areas. Hardscape and plant material call-outs.
• Attend design team, stakeholder, and client meetings. Assume 1.5 hours / week
• Revise based on comments from client, stakeholders, artists, etc.
• Lumion 3D digital renderings (if requested)
38
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 12 of 14
• Develop plans in AutoCAD to the level necessary for approval from client,
City of Bozeman, and General Contractor
PROJECT OUTLINE
The project site is located at the alley between N. Black Ave. and N. Tracy Ave. in
Bozeman, MT. Design 5 will be involved in the landscape architecture design
for the project:
• Schematic design, advancing the concepts presented by DHM Design in
2020
• Limited outreach to property and business owners (in coordination with Groundprint)
• Design development based on client input
• Full set of construction documents, including stamp by MT licensed
landscape architect (as needed)
• Design for planting, hardscape, lighting, art, and irrigation (as needed), etc.
• Entitlements & Permitting (in coordination with Groundprint)
• Site amenity design to be guided by client, property and business owners,
and DHM Design report from 2020
• Coordination with structural, electrical, and/or civil engineers (as needed)
• Coordination with civil engineer for storm water collection/drainage/discharge
and final grading (if necessary)
• Coordination with site utilities
CONSTRUCTION DOCUMENTS
• Develop one (1) Final Site / Landscape Plan, including amenity detailing
• Irrigation Design (as needed)
• Erosion Control & Grading, in collaboration with civil engineer (if needed)
• Lumion digital renderings (if requested)
• Develop plant list / counts based on accepted plans
• List material specifications and standard details
• Submit to client and City departments for review and approval (as required)
• Attend client meetings, as necessary. Assume one (1) hour per week
BIDDING
• Meet with General Contractor on site for pre-bid review of project
• Answer questions during bidding process
• Review and respond to substitution requests
• Review bids for accuracy with plan drawings
39
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 13 of 14
CONSTRUCTION OBSERVATION
• Respond to General Contractor questions and RFI’s, substitution requests,
reviewing submittals, and product data (coordinated through General
Contractor)
• Review shop drawings and submittals (coordinated through General Contractor)
• Site visits to observe installation progress. Respond timely to any
requested site meetings or requests. We assume five (5) major site
visits with General Contractor
• Assume three (3) hours per week of General Contractor and/or sub-
contractor questions and responses during the installation
ASSUMPTIONS
• Design 5 be provided the current site survey with all existing utilities
including depth to mapped utilities (completed by TD&H in 2022)
• Any designed elements requiring structural engineering would be
reviewed by the project structural engineer, and will be invoiced by
Design 5 at cost plus 10%
• Design 5 will assist with any City or board submittals
• Any elements not specifically called out in this agreement shall be considered additional scope
• Groundprint and TD&H has, and will continue to, invoice DBP directly for their expenses
TIMELINE + COST
TARGET DATES
Schematic Design/Design Development Including Refinement of DHM Concepts:
Summer/Fall 2022 (this includes limited outreach to property and business owners
to share design and gather feedback)
Entitlements/Permitting: Fall 2022
Construction Documents: Winter 2022/2023 (or TBD, per City approval
process) Bidding + Construction Observation: TBD
Target Completion Date: TBD
DESIGN COMPENSATION
Pro Bono (First 35 Hours Provided at No Charge) $0
Schematic Design Refinement (estimate) $15,000*
40
Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2).
Page 14 of 14
Construction Documents (estimate) $22,500*
ESTIMATED NOT TO EXCEED TOTAL $37,500
* Hourly, T&E (Time and Expenses)
FEE SCHEDULE
Principal Design / Oversight $165/hr
Lead Designer / Project Manager $140/hr
Drafting and Production $105/hr
Construction Observation $165/hr
REIMBURSABLE EXPENSES
Printing + Supplies Allowance $500
Lumion 3D Digital Renderings $140/hr
Bidding + Construction Observation* (if requested) Hourly, T&E
Additional design work as requested client will be billed hourly, T&E
• Design 5 will provide a prior estimate of time required based on request
• Any work not specifically discussed in this agreement will be billed T&E at appropriate Design 5
personnel’s hourly rate
• Any additional T&E will be agreed upon in writing before work begins
41
Memorandum
REPORT TO:City Commission
FROM:Zeb Breuckman, SCADA Manager
John Alston, Director of Public Utilities
SUBJECT:Authorize the City Manager to Sign Task Order 4 Bozeman Water
Reclamation Facility Motor Control Center Replacement 1 Services Under
Existing SCADA On-Call Services Professional Services Agreement Term
Contract
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Task Order 4 Bozeman Water
Reclamation Facility Motor Control Center Replacement # 1 Services Under
Existing SCADA On-Call Services Professional Services Agreement Term
Contract
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Term Contract Background: Advanced Engineering and Environmental
Services, LLC (AE2S) has an existing Master Task Order Agreement Term
Contract to provide SCADA On-Call services in support of the City's Water
and Wastewater facilities. Task Order 4 Background: AE2S was selected to
develop a SCADA System Master Plan though a competitive Request of
Qualifications (RFQ) process. As part of the SCADA System Master Plan,
several Motor Control Centers at the Water Reclamation Facility were
identified as candidates for replacement due to their age and the lack of
available spare parts. Task Order 4 authorizes AE2S to design replacement
Motor Control Centers and provide bidding services for replacing the Motor
Control Centers.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the Bozeman City Commission.
FISCAL EFFECTS:AE2S will bill for its services on a time and expense basis not to exceed
$31,088. Funding for the work is available from the water fund and the
wastewater fund. The Capital Improvement Project number is W106.
Attachments:
Bozeman WRF MCC Replacment 1.pdf
42
Report compiled on: September 13, 2022
43
Page 1 of 2
EXHIBIT A to Professional Services Master Task Order Agreement Dated
___________________________
TASK ORDER NUMBER # 4: P05097-2022-006
Issued under the authority of Professional Services Master Task Order Agreement between the
City of Bozeman and Advanced Engineering and Environmental Services, LLC for Bozeman WRF
MCC Replacement # 1 Services.
This is a Task Order dated ______________, between City of Bozeman (City) and Advanced
Engineering and Environmental Services, LLC (Consultant).
The following representatives have been designated for the work performed under this Task Order:
City: Zeb Breuckman, PE, SCADA Manager
Consultant: James Sletten, I&C Senior Technician
Project Name: – Bozeman WRF MCC Replacement # 1
SCOPE OF WORK: (attach additional sheet(s) as required)
Work performed under this Task Order will include the design and bidding phase services for three new
MCCs to replace out dated MCC sections in the Digestor Building, Maintenance Building, and Lift Station
# 1. Descriptions of services provided through this Task Order are listed, but not limited to those services
in Attachment 1 – Bozeman WRF MCC Replacement # 1 Design.
COMPENSATION:
City agrees to pay Consultant for rendering services associated with this Task Order at Standard
Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $31,088.00 without written
authorization from the parties agreeing to an increase in Consultant’s compensation limit. Consultant shall
be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s
Hourly Fee and Expense Schedule. Personnel anticipated to provide the majority of the Scope of Work –
exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section
of Task Order 3 - Attachment 1 along with their respective Labor Classification as of the effective date of this
Task Order. Contractor shall invoice no more often than monthly for services provided in the previous pay
period.
The provisions of the Professional Services Master Task Order Agreement dated ____________________and
any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
44
Bozeman Professional Services Master Task Order Agreement Dated: _________________________________
Task Order Bozeman WRF MCC Replacement # 1 Design
Page 2 of 2
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman Contractor
By: By:
Title: Title:
Date: Date:
Fed. ID. No.
Operations Manager
August 23, 2022
45-0422908
45
P05097-2022-006
Page 1 of 3
Think Big. Go Beyond. www.ae2s.com
Bozeman, Montana
Bozeman WRF MCC Replacement # 1 Design
TASK ORDER NO. 4: P05097-2022-006
EFFECTIVE DATE OF TASK ORDER:______________________
Attachment 1: Bozeman WRF MCC Replacement # 1 Design
Design Services
Scope of work including expenses:
o General symbols and abbreviations
o Overall, Aerial Site Plan for reference
o Maintenance Building Demolition Photo Sheet
o Maintenance Building New Construction One-Line Diagram
o Maintenance Building IO schedule (for modifications and reference)
o Lift Station No. 1 Demolition Photo Sheet
o Lift Station No. 1 New Construction One-Line Diagram
o Lift Station No. 1 IO schedule (for modifications and reference)
o DAF Building Demolition Photo Sheet
o DAF Building New Construction One-Line Diagram
o DAF Building IO schedule (for modifications and reference)
o Standard Details
o Cable and conduit schedule(s)
o Provide a 90% submittal for review
Bidding Phase Services
o Assist in solicitation of bids and proposals from pool of qualified electrical contractors
for one MCC section.
o Review bids received by owner.
o Prepare documents for public bids.
Exceptions
o Construction Phase Services including review of MCC submittals are not included in this
proposal.
o Construction Phase Services regarding installation of new MCC sections are not included
in this proposal.
o PLC, VFD, or any other programming required to startup new MCC sections is not
included in this proposal.
46
P05097-2021-006
Page 2 of 3
Think Big. Go Beyond. www.ae2s.com
Personnel†
Name Labor Classification
James Sletten I&C Technician II
Nick Ackerman, PE Engineer III
Adam Wahler, PE Engineer V
Ian Smith Engineering Technician III
†The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect
equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount
unless approved in writing by the City.
Fee Estimate Summary:
Project Name
Personnel Wahler, PE Sletten Smith Ackerman - Subtotal Labor Subs Expenses Total
Engineer V I&C Tech II Eng Tech III Engineer III ADMIN Hours
2020 Billing Rate 215$ 160$ 117$ 177$ 88$
030 - PRELIMINARY DESIGN - 16 - 24 4 44 $7,160 $0 $0 $7,160
Direction & Communications 16 8 4 28 $4,328 $0 $0 $4,328
Drawings 16 16 $2,832 $0 $0 $2,832
040 - FINAL DESIGN 8 10 40 56 - 114 $17,912 $0 $0 $17,912
Drawings 40 16 56 $7,512 $0 $0 $7,512
Specifications 32 32 $5,664 $0 $0 $5,664
QA/QC 8 2 8 18 $3,456 $0 $0 $3,456
Project Management 8 8 $1,280 $0 $0 $1,280
050 - Negotiation - - - 32 4 36 $6,016 $0 $0 $6,016
Contract Facilitation 16 4 20 $3,184 $0 $0 $3,184
Solicitations & Procurement 8 8 $1,416 $0 $0 $1,416
Questions 8 8 $1,416 $0 $0 $1,416
8 26 40 112 8
$1,720 $4,160 $4,680 $19,824 $704 194.00 31,088$ -$ -$ 31,088$
Wahler, PE Sletten Smith Ackerman -
030 - PRELIMINARY DESIGN $7,160
040 - FINAL DESIGN $17,912
050 - Negotiation $6,016
Total Fee $31,088
Bozeman WRF MCC Replacment # 1
47
P05097-2021-006
Page 3 of 3
Think Big. Go Beyond. www.ae2s.com
ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC
2022 HOURLY FEE AND EXPENSE SCHEDULE
Labor Rates*
Administrative 1 $61.00
Administrative 2 $74.00
Administrative 3 $89.00
Engineering Assistant 1 $77.00
Engineering Assistant 2 $92.00
Engineering Assistant 3 $116.00
Engineer 1 $125.00
Engineer 2 $148.00
Engineer 3 $177.00
Engineer 4 $203.00
Engineer 5 $215.00
Engineering Technician 1 $75.00
Engineering Technician 2 $96.00
Engineering Technician 3 $117.00
Engineering Technician 4 $131.00
Engineering Technician 5 $149.00
I&C Assistant $98.00
I&C 1 $138.00
I&C 2 $160.00
I&C 3 $183.00
I&C 4 $194.00
I&C 5 $203.00
IT 1 $117.00
IT 2 $159.00
IT 3 $190.00
Operations Specialist 1 $93.00
Operations Specialist 2 $113.00
Operations Specialist 3 $140.00
Operations Specialist 4 $158.00
Operations Specialist 5 $184.00
Project Manager 1 $188.00
Project Manager 2 $206.00
Project Manager 3 $223.00
Reimbursable Expense Rates
Transportation $0.65/mile
Survey Vehicle $0.85/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost *1.15
Geotechnical Services cost *1.30
Out of Pocket Expenses cost*1.15
Rental Car cost*1.20
Project Specific Equipment Negotiable
* Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on
January 1.
48
Memorandum
REPORT TO:City Commission
FROM:Danielle Garber, Associate Planner
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2103 Final Adoption of the Rainbow Creek Zone Map
Amendment, Giving an Initial Designation of R-4, Residential High Density
District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett
Road, in Association with Annexation Application 18240
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2103
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City of Bozeman received a petition for annexation and initial zoning
from Rainbow Creek Rental Properties, LLC requesting the City Commission
annex the 2.29 acres and additional right of way currently addressed as 4555
Baxter Lane, Bozeman, MT and apply a zoning classification of R-4,
Residential High Density. The City Commission held a public hearing on
November 26, 2019 and voted to annex the subject property, subject to
terms of annexation and zoning contingencies. On February 28, 2019 the City
received an annexation agreement which incorporated the recommended
terms of annexation which was signed by the current land owner following
the public hearing. Following approval, a complaint and petition was filed
with the Montana Eighteenth Judicial District Court on December 21, 2018,
appealing the City Commission decision to adopt the initial zoning for said
tracts which delayed the City processing the executed annexation agreement
and terms of annexation. On November 30, 2021 District Judge Hon. Rienne
H. McElyea granted summary judgment in favor of the City of Bozeman and
dismissed the complaint. Following the judgment all contingencies of zoning
approval were completed by the applicant.
The original application materials are available in the City's Laserfiche
archive. Additionally, attached to this document is Ordinance 2103, a copy of
the summary judgement issued by the Montana Eighteenth Judicial District
Court, and the initial zoning map. Provisional adoption of the ordinance
happened on September 13, 2022.
49
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2103 Rainbow Creek ANNX Zoning.pdf
Rainbow Creek Annexation and Zoning Map.pdf
Order Re Motion For Summary Judgement.pdf
Report compiled on: August 25, 2022
50
Ord 2103
Page 1 of 6
ORDINANCE 2103
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH
INITIAL MUNICIPAL ZONING OF R-4, RESIDENTIAL HIGH DENSITY DISTRICT,
RAINBOW CREEK ZONE MAP AMENDMENT, APPLICATION 18240
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 Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 18240, the Rainbow Creek Annexation Zone Map Amendment,
be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 26, 2018, to receive and review all written and oral testimony on the request for the
zone map amendment; and
51
Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment
Page 2 of 6
WHEREAS, the City Commission received protest letters exceeding the protest threshold
by owners of 25% or more of the area of the lots within 150 feet from the subject parcel pursuant
to 76-2-305 MCA which required a favorable vote of two-thirds of the present and voting members
of the City Commission; 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 by a two-thirds majority favorable vote; and
WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial
District Court on December 21, 2018, appealing the City Commission decision to adopt the initial
zoning for said tracts which delayed the City processing the executed annexation agreement and
terms of annexation; and
WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted
summary judgment in favor of the City of Bozeman and dismissed the complaint.
WHEREAS, following the judgment contingencies for zoning approval were completed
by the applicant.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
2. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2009, found that the required criteria are
satisfied;
3. A new growth policy was adopted in November, 2020 and the R-4 zoning also complies
52
Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment
Page 3 of 6
with the new future land use map;
4. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
5. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested R-4 district.
6. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
7. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
8. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of application No.
18240 Rainbow Creek Annexation Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-4, Residential High Density District:
The property is described as:
53
Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment
Page 4 of 6
A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County,
Montana, and being more particularly described as follows: Beginning at a point on the
south line of said section, which said point bears East a distance of 248.6 feet from the
southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence
a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’
E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the
foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in
the south line of said section; Thence West along said south line a distance of 415.9 feet
to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and
207. This tract contains 2.29 acres, more or less.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
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Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment
Page 5 of 6
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 13th day of September, 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:
_______________________________
55
Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment
Page 6 of 6
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
56
\vEXHIBIT ARAINBOW CREEK ANNEXATIONAND R4 ZONE MAP AMENDMENTto BOZEMAN, MONTANAA TRACT OF LAND SITUATED IN THESW 1/4 OF OF SECTION 34 T1S, R5E P.M.M.GALLATIN COUNTY, MT/' /\ /' /DANUBE LANESCAI-E1 inch • -<0r0LOT 5 BI.K 15BAXTER MEADOWSSUBDIVISIONFHASE 3AZONING; Rl///OPEN SPACE A/LOT 6 BLK ISBAXTER MEADOWSSUBDIVISIONPKASE3AZONING', Rl50-±LOT 7 BLK 15BAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: RI30' WIOE SEWER SEKVICE» UTILIPf EASEMENTLOT 8 B[.K ISBAXTER MEADOWSSUBDIVISIONPHASK3AZONING; RlOPEN SPACEPROPERTYLINEPRClPERTT "-LINETRACT 5COS 2202ZONING; AS-COUNTYtsj^couANNEXATION &R4 ZONE MAPAMENDMENT-&.N B9'53'36" EIRRIGATION EASEMENTDOC f21231126.592.8"LEGAL DESCRIPTION;vr- - -.- JLOT <) Bl.K 15BAXTER MEAIXIWSBTJBDIVISIONPHASE 3AZONING: Rl\^\\\\\0^";s.A .TRACT OF LAND LOCAIED.IN THE.SW1/4 Of SECJION 34, TOWNSHIP. .1 SOUTH. RANGE 5EAST, P.M.U., GALLATIN COUMTY. UOHTWf.. DESCRIBED. IN. A DEEBRECORDED'INOOCUME.NT 'NUMBER 2416674, GALl-A'nN COUHTY CLERK AND RECORDERS OFFICE, ANDBEING MORE FULLY-BOUNDEB AND'DESCRIBED AS FOLLOWS:COMUENONG AT SOUTHWEST CORNCR OF SAID SECTION .54;. THEHCf: EAST 248.6 FEETALONG THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 34 TO THE SOUTHEAST CORNEROF TRACT 5, C.O.S. 2202; SAID CORNER ,BEING THE POfNT OF B£CIKNlNG; .n-iENCE: ALONGTHE EAST UNE OF S<10 TTi/ICT 5 NORTH 0)'25'54" WEST..A DISrUCEOF 246.B FEET TO •A POINT ON THE SOUTH LINE OF OPEN SPACE PUBLIC ACCESS E Of THE PLAT OFBAXTER MEADOWS SUBDIUSION. PHASE .3*; IHENCt ALONG SAID PLAT. WE TMO WFOl.tOWNG COURSES. DNORm 89-53'36" EAST. A MSTANCE OF .332.-BO FEET; 2) SOUTH06'4+'-<2" EAST. A DiSTANCE Qf 249.20 FEET TQ A'POfNT ON IT-lE SOUTH UNE: OP THESWIA'Of" SAfO SECTION 34: TH^CE ALOf'iC SAIO SOUTH ,UHE NORTH SO'OO'OO" WEST. A415.90 FEET TO THE POINT OF BEGINNING.'. S«10 TRACT CONTAININC IN AREA2.29 ACRES, ALONG WTH AND SUBJECT TO ANY EXISTING EASEMENTS..(REFERENCE SURVEY.FILED IN BOOK l-18, PAGE 207).1.0T 9 BLK 10BAXTER MEADOWSSUBDIVISIONPHASE 3A\/A./ZONING: R]/J^ofL^t20' PUBLIC STREETAND UTIUTY EASEMENTN go'oo'oo" w50'.. COUHPi' ROADWAYEASEMENTSO't0^§in^0OT.i^110 •'4^N.m~T50'/7/////LOT9BLKIIBAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: Rl//L^ ——____OPEN SPACEPUBLIC STREETEASEMENT PER DOCijf2103143PROPERTYLINE415.9'BAXTER LANE50' ROADWAY EASEMENTPER COS 25548COB 2554BZONING: PLIisl•Ii|ilJRAINBOW CREEK ANNEXATIONAND ZONE MAP AMENDMENTBOZEMAN.MTEXHIBITAOME. 2/28/19PROJCCTf •8-10657
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Ordinance 2104 Final Adoption to Repeal and Replace Division 38.430
Planned Unit Development with a New Planned Development Zone Process
and Amend 24 Related Sections of the Bozeman Municipal Code, Application
22133
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2104.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The amendments in Ordinance 2104 update the City's land development
regulations as part of efforts to support affordable housing and implement
other identified community priorities. For more information see the
Executive Summary and Appendix A in the staff report attached to the July
12, 2022 Commission agenda.
The City Commission conducted a public hearing on the Ordinance on July
12, 2022 and provisionally adopted it with direction to staff to prepare
amendments to the draft. The directed amendment was to expand the
identified public benefits necessary for approval to provide opportunity for
an applicant to propose a unique option outside of the four default benefits
included in the draft ordinance. The ordinance was revised and includes the
requested amendment on page 35 with the new paragraph titled "Novel
Public Benefits PDZ" and page 42 with the new paragraph titled "Novel
Public Benefit PDZs".
The Novel Public Benefit PDZ provides an option for an applicant to propose
a planned development zone with public benefits other than the four listed
in Section 38.430.050 for affordable housing, historic structure/site,
sustainable/resilient design, large development, or combinations of the four.
For the initial City Commission discussion on Ordinance 2104 see the video
recording of the July 12, 2022 as item J.2 beginning at time 1:32.15 in the
81
recording. Materials for the July 12th hearing begin on page 269 of the
overall Commission packet. Staff report and all other attachments are
included. The City Commission provisionally adopted the revised Ordinance
2104 at their August 23, 2022 meeting. See the video recording, item J.2 for
the discussion
Ordinance 2104 is connected directly to this agenda.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2104 Planned Unit Development - Final Adoption
9-13-2022.pdf
Report compiled on: September 15, 2022
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Ord 2104
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ORDINANCE 2104
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT
DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN
DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS
AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100
BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120
PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND
38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND
38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS,
AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION
VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND
38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND
38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B
PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL
ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC,
REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN
COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND
38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D
SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS,
AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW
PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE
NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND
38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B
SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050
D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P
DEFINITIONS, AMEND 38.310.060. SUPPLEMENTAL USE PROVISIONS FOR THE
RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT, AMEND
38.330.020. REMU DISTRICT—SPECIAL STANDARDS AND ESTABLISH AN
EFFECTIVE DATE, APPLICATION 22133.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
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WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on June 27, 2022 to receive and review all written and oral testimony on the proposed amendments;
and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that those elements of
application No. 22133 related to Planned Unit Developments, be approved with amendments
addressing public benefits; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 12,
2022, to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501
and found that the proposed amendments would be in compliance with the criteria; and
WHEREAS, the City Commission identified that an amendment to expand the scope of
public benefits is appropriate and consistent with the initial intent of the ordinance and the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health, safety
and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-
304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
4. The City accepted as a basis for housing implementation actions an amended
Community Housing Action Plan by Resolution 5143.
5. The City undertook a public process to review and consider possible revisions to the
City zoning regulations with the intent to remove potential barriers and to encourage creation of
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additional housing and especially housing which accomplishes community aspirations identified
in the growth policy and the Community Housing Action Plan.
6. The City Commission conducted a work session on March 1, 2022 to receive public
comment, consider alternative options, and provide direction to Staff.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations
for zoning review, including accordance to the Bozeman Community Plan 2020, and required
criteria for zoning regulations has found that the required criteria of Montana Code Annotated §§
76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide comment.
9. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board acting in their capacity as the municipal
Zoning Commission, all submitted public comment, and all other relevant information.
10. The City Commission determines that, as set forth in the staff report and incorporating
the staff findings as part of their decision, the required criteria for approval of this ordinance have
been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12. The City Commission determines that the new approach for planned unit developments
provides a superior outcome compared to the existing planned unit development regulations.
13. The City Commission determines that the proposed ordinance conforms to all Montana
laws.
14. The City Commission determines that establishing planned unit developments as
independent zoning districts provides flexibility for individual projects without jeopardizing
predictability and uniformity to other zoning districts.
15. The City Commission determines that the public benefits required with a planned unit
development as revised in the amendments provide a superior outcome for the public health,
safety, and welfare compared to the prior alternatives for a planned unit development to
demonstrate public benefit.
16. The City Commission determines that the flexibility offered with the planned
development zone is proportionate to the public benefits required.
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Section 2
That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as
follows:
Sec. 2.05.3000. Established—Powers and duties.
A. The community development board established pursuant to Resolution No. 5330 shall act as
the design review board for all purposes under this Code. The design review board (DRB) is
established to evaluate aesthetic considerations of larger and more complex proposals which
are likely to produce significant community impact and to provide recommendations
regarding such proposals to the review authority, subject to the provisions of chapter 38.
B. The DRB shall act as an advisory body to the review authority f or:
1. Development applications meeting one or more of the thresholds of section
38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
C. The DRB may develop, and after adoption by the city commission, apply specific guidelines
adopted by the city commission related to such concerns as architectural appearance,
landscape design and signage for the construction and/or alteration of structures, sites or
areas;
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by the DRB may be required to determine
whether resubmittal as a new application is necessary in accordance with section 38.230.160.;
E. The DRB may be requested to review the following development projects within the
neighborhood conservation overlay district: new construction, alterations to existing
structures, movement of structures into or out of the neighborhood conservation overlay
district, or demolition of structures by any means or process in accordance with 38.340.A.
F. The DRB must review any tax abatement or other incentive programs being considered by
the city commission that are designed to stimulate preservation and rehabilitation of structures
and properties with the neighborhood conservation district, and to review any proposed action
or development utilizing these abatement or incentive programs in accordance with section
38.340.020.
Section 3
That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authority to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
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Ordinance No. 2104, Planned Unit Development Repeal and Replace
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development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including
planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu
for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
e.f. Appeals from administrative interpretations and final project review decisions;
f g. Approval of preliminary park master plans when associated with a development for
which the city commission is the review authority;
g h. Large scale retail per section 38.360.160;
h i. More than two deviations or where deviation is for more than 20 percent of
standard.
i. Conditional use permits when no board of adjustment is established;
j. More than two deviations or where deviation is for more than 20 percent of
standard.
2. The city commission conducts a public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable
advisory bodies approve, approve with conditions or deny all applications subject to this
chapter except those listed below. Decisions of the community development director are
subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
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Ordinance No. 2104, Planned Unit Development Repeal and Replace
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b. Development of city property which does not conform to all standards of this
chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development application normally subject to the approval of the community
development director. The vote must occur prior to the action of the community
development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of
adjustment must, upon recommendation from the applicable advisory bodies approve,
approve with conditions or deny those applications specifically delegated to it by the city
commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of
this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote must occur prior
to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies
when as needed approve, approve with conditions or deny the following site elements and
processes:
1. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
2. Specifications and modifications therefrom for paving of streets and parking areas;
3. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
4. Requirement for a traffic impact analysis and determination of its contents per
subparagraph 38.220.120.A.2.c(5);
51. Site access and storm water for reuse and further development per section 38.230.160.B;
6. Modifications in required completion time for subdivision improvements per
subparagraph 38.270.030.B.1;
7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except subparagraph
38.400.010.A.1, Relation to undeveloped areas;
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8. Plans and specifications for public infrastructure and infrastructure to be granted to the
public per 38.400.060, Street improvement standards paragraphs A and B.1-3;
9. Alternate curb return radii per subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per paragraphs
38.400.090.G and H;
11. Street improvement standards and modifications therefrom per section 38.400.060;
1012. Departures for street vision triangles per section 38.400.100;
11. Exceptions to storm water controls per section 38.410.080;
12. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per paragraphs 38.540.020.D, F and J;
14. Protection of landscape areas per paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per
subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
18. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per
subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long
range transportation plan; and
22. Alternate parking angles for surface and structured parking stall configurations listed in
Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
E. The director of utilities public works must review and upon recommendation from the
applicable advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.410.070;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070; and
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Ordinance No. 2104, Planned Unit Development Repeal and Replace
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62. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established in
section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of transportation and engineering must review and upon recommendation from
the applicable advisory bodies as needed approve, approve with conditions or deny the
following development elements and processes:
1. Payment of cash in-lieu of capital facilities for streets and transportation per
38.270.070.C.
2. All modifications or proposed standards in section 38.400.010;
3. Departure for street cross section in section 38.400.020.
4. Subject to section 38.400.060, exceptions to the level of service standards established in
section 38.400.060.B.4;
5. Street improvement standards and modifications therefrom per section 38.400.060;
6. Acceptable alternative sidewalk design or materials per section 38.400.080;
7. Locations and modifications to drive accesses to public streets per paragraphs
38.400.090.G and H;
8. Alternate parking angles for surface and structured parking stall configurations listed in
Table 38.540.020. All other numeric standards apply; and
9. Designation of street classifications for collectors and arterials not shown in the long
range transportation plan;
G F. The director of parks and recreation must review, and as needed approve, approve with
conditions or deny the following development elements and processes:
1. Determine the classification of recreation pathways per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the
director of community development.
4. Approval of calculations of cash-in-lieu of parkland amounts for development of
property when:
a. The initial dedication of land per section 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the minimum
land dedication; and
c. A park master plan has been approved for the park servicing the land to be
developed.
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H G.As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make
recommendations to the review authority they act in a quasi-judicial capacity.
Recommendations do not constitute votes of approval or denial.
I H. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums,
the city commission or community development director may require as a condition of
approval mitigation exceeding the minimums of this chapter.
I Decisions of the community development director and other review authorities are subject to
the appeal provisions of division 38.250 of this chapter.
Section 4
That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no
land use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building
permit, provided such activity does not include excavation for foundations or the
removal of mature, healthy vegetation. Minor site surface preparation means disturbing
less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of
less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of
foundations or setting of forms can commence until final site or sketch plan approval
has been granted and until building permits have been issued. Proceeding prior to
building permit issuance is at the hazard of the landowner.
a. Exception:When construction and funding of public streets are occurring under the
provisions of division 38.430 of this chapter, Planned unit development (PUD),
tThe issuance of building permits may be allowed prior to completion of
infrastructure improvements, pursuant to the provisions established in division
38.270. of this chapter.
2. Building permit. Within the limits of the city, building permits must be obtained as
provided by section 10.02.020.
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3. Based upon an approved sketch, site plan, certificate of appropriateness, or conditional
use permit or planned unit development (hereinafter referred to as "plan"), and after any
appeals have been resolved, a building permit for the site may be requested and may be
granted, provided such building permit is granted within one year of plan approval. Prior
to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230
and 38.430.
Section 5
That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal
Code be deleted in its entirety and replaced as follows:
38.220.120 Planned development zone general plan and final plan submittal requirements
The following information must be presented in a PDZ general development plan for the entire
property in an application for a PDZ rezoning, unless the review authority determines that one or
more of the items is not necessary in light of the size, location, availability of existing services,
or information already available to the city related to the proposed development:
A. An application form and required application fee.
B. One or more map or drawings showing (1) the existing conditions on-site and within 200
feet of the project boundary, and (2) the proposed final conditions for each of the following
at a concept level of detail. Final plans, studies, and engineering detail will be required with
applications for Final Development Plans.
1. Site boundaries (with dimensions and legal description);
2. Site topography (including existing features to be retained);
3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and
floodplain boundaries;
3. General land uses, including maximum number and unit type of dwelling units and
maximum gross floor area of non-residential land uses for each portion of the property;
4. General lot and street network and access points to arterial and collector streets and
current transit facilities and routes;
5. General locations of trails, bicycle paths, and ped estrian ways;
6. General location of parks and open space network;
7. General landscaping plan for public areas, property boundaries, and proposed street
frontages;
8. General Sstorm drainage retention/detention areas, and stormwater design plan; and
9. General locations of major water and sewer line locations and utility easements.
10. General phasing sequence and boundaries.
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C. A map identifying a reference base district for each portion of the PDZ property, and a
narrative explanation of any standards in each respective reference base district requested
by the applicant that are to be adjusted or waived in that area, the extent of adjustment or
waiver requested, and any non-standard uses proposed to be included;
D. Acknowledgement that any reference base district standards or other standard not explicitly
modified by the PDZ is subject to change if the reference base district is amended.
E. If phasing of development is proposed, a separate phasing plan with phases clearly
identified;
F. An explanation of the proposed land use and development density or intensity for each
portion of the site and a calculation of each proposed land use as a percent of total site area;
and.
G. Any additional information needed to confirm that the application meets the eligibility
requirements in 38.430.050.A through E for the type of PDZ being requested, as determined
by the review authority.
F. The general or final plan must include revised documents necessary to demonstrate how the
general and final plan addresses previous review comments and conditions of approval of
the general plan and a written narrative stating how each of the conditions of approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
G. The final plan must clearly identify the standards established through the PDZ that differ
from the reference base district. The final plan must acknowledge in writing that any
reference base district standard not explicitly established through the PDZ is subject to
amendment and revision as the reference base district is amended. If the base district is later
removed from the municipal code the city will apply the district which by the city’s
determination is the most similar district.
Section 6
That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the
Bozeman Municipal Code be amended as follows with all other elements of the section
remaining as presently written:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
Zone Map Amendment - rezoning, or with
annexation, or as planned development zone
200 Newspaper, post on-
site, mail 1st class
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Zone Map Amendment - Resulting from
ordinance changes
None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-
site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-
site
Deviation 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further
development
None None
Sketch plans for adding dwellings in the
neighborhood conservation overlay district,
demolition of historic structures as defined in
article 7 of this chapter, or modification of
wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Preliminary Planned Unit Development 200 Newspaper, post on-
site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-
site, mail 1st class
Floodplain permit 200 Newspaper, mail 1st
class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA
including subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-
site, certified mail to
adjacent owners, mail
1st class all others
Notice of violation per 38.200.160 None Certified mail to
landowner
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Section 7
That 38.230.030, Special development proposals—Additional application requirements, review
procedures and review criteria, of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.030. Special development proposals—Additional application requirements,
review procedures and review criteria.
A. Application requirements. Applications for special development proposals (e.g. PUD, CUP,
flood plain development permits, variances, etc.) must include:
1. The required information for plans described in section 38.220.080;
2. Any additional application information required for specific reviews as listed in the
following divisions of this chapter:
a. Division 38.430, Planned Unit Development;
b a. Division 38.360, Standards for Specific Uses;
c b. Division 38.370, Telecommunications;
d c. Division 38.600, Bozeman Floodplain Regulations; and
e d. Division 38.250, Appeals, Deviations and Variance Procedures.
B. Review procedures and review criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following sections and divisions of this
chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
3. Section 38.230.120, Special use permit;
4. Division 38.430, Planned Unit Development;
5. Division 38.360, Standards for Specific Uses;
6.5. Division 38.370, Telecommunications;
7.6. Division 38.600, Floodplain Regulations; and
8.7. Division 38.250, Appeals, Deviations and Variance Procedures.
Section 8
That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.050. Deviations.
All requests for deviations in the neighborhood conservation overlay district or through the PUD
process must be heard by the review authority established in section 38.200.010. Deviations may
only be applied for in conjunction with submittal of a development proposal of a type authorized
by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are
contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of
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administrative power that can effect no change in the chapter. A deviation may be granted only in
a specific instance permitting a nonconformity in order to accomplish the specific objectives of
sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met.
Deviations must not be granted for relief from procedural requirements, or to waive or vary the
application of an ordinance provision imposing specific safety requirements, or to waive or vary
the application of other ordinances or statutes.
Section 9
That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended
and Paragraph G of 38.250.070 be created as follows with all other elements of the section
remaining as presently written:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and
consideration of the application, deny, approve or conditionally approve all requests for
variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of
article 6 of this chapter, except that no variance may be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
d. Requests for variances in conjunction with conditional use permits. Approvals of
all such variances must be conditioned upon review authority approval of the
conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary to
provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted
pursuant to this chapter or alter administrative requirements of this chapter. Permission
to change uses allowed on a parcel may be sought through a zone map amendment, or
an amendment to the text of the applicable zoning district, or through a planned unit
development subject to division 38.430.
4. Notifications of approval for variances related to flood hazard requirements of article 6
of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
…
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G. Planned development zone. Where the standards and requirements of this chapter are
proposed to be modified through a planned development zone, the applicable process is a
review of a planned development zone rather than a variance.
Section 10
That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be
amended as follows with all other elements of the section remaining as presently written:
F. Planned development zoneunit development. Where the standards and requirements of this
chapter are proposed to be modified through a planned development zoneunit development,
the applicable process is a deviation review of a planned development zone rather than a
variance.
Section 11
That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided that the
following criteria are met:
1. The city will have an opportunity to review and approve future proposed development
through a site plan review or planned unit development development is using the
incentives of 38.380.030;
2. The property owner must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be secured
by any security or securities found in section 38.270.080. If a financial security is used,
the amount will be determined by the city and in an amount not less than 150 percent of
the cost of the improvements verified against city publicly bid unit prices, where such
are available. If no publicly bid unit prices are available, any cost estimate acceptable to
the city may be used. The security must be in the name of the city and must be at least
six months longer than the time of performance required by the improvements
agreement;
3. Improvements must be complete within two years of the date of the improvements
agreement;
4. Approval of the final engineering design, including location and grade, for any public
infrastructure must be obtained from the engineering department, and the Montana
Department of Environmental Quality when applicable, prior to issuance of any building
permit for the development;
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5. Building permits may be issued incrementally, dependent upon the status of installation
of the infrastructure improvements. All building construction within the development
must cease until required phases of infrastructure improvements as described in the
improvements agreement have been completed, and inspected and accepted by the city;
6. The developer must provide and maintain hazard and commercial general liability
insurance. Insurance policies must not be cancelled without at least 45 days prior notice
to the city. The commercial general liability policy must name the city as an additional
insured. The developer must furnish evidence, satisfactory to the city, of all such policies
and the effective dates thereof;
7. The developer must recognize, acknowledge and assume the increased risk of loss
because certain public services do not exist at the site;
8. If public funds or other third party funding will be used to fund all or part of the
installation of infrastructure, the improvements agreement between the developer and
the city must identify the type or types of predetermined infrastructure funding. Public
or third party funding may include, but is not limited to reimbursement, payment up
front, creation of a special improvements district, or grants;
9. No occupancy of any structures or commencement of any use constructed or proposed
within the boundaries of the development will be allowed until required infrastructure
improvements have been completed, inspected, and accepted by the city, and a certificate
of occupancy has been issued;
a. No occupancy of structures or commencement of any use is allowed when such action
would constitute a safety hazard in the opinion of the city;
10. The developer must enter into an agreement with the city to address the provision of any
services on an interim basis during construction, if deemed appropriate;
11. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action, judgments
and damages resulting from or arising out of the issuance of a building permit under this
section;
12. The developer must pay for any extraordinary costs associated with the project which
the city may identify, including, but not limited to, additional staff hours to oversee the
planning, engineering and construction of the project and infrastructure improvements,
inspection of the infrastructure improvements and any extraordinary administrative
costs;
13. The development must be under the control of a single developer and all work must be
under the supervision of a single general contractor. The developer and general
contractor must agree that there must be no third-party builders until required
infrastructure improvements have been completed, and inspected and accepted by the
city; and
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan,
addressing all requirements of this section, must be submitted for review and approval
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of the community development director in consultation with the city engineer and with
a recommendation from the development review committee.
Section 12
That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
A. Residential suburban district (R-S). This district is not available for newly created
subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018.
The intent and purpose of the R-S residential suburban district is to commemorate and preserve
existing RS zoning only. These purposes are accomplished by:
1. Subdivision and site plan developments in this district are subject to the provisions of
division 38.430 of this chapter, pertaining to planned unit development, and shall be
developed in compliance with the adopted city growth policy.
1 2. Allowing permitted uses in circumstances where environmental constraints limit the
desirable density.
2 3. Providing for a minimum lot size in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and housing
types in newly developed areas.
4. This district is not available for newly created subdivisions, undeveloped land, or any
land annexed into the city on or after January 1, 2018.
Section 13
That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code
be amended as follows:
Sec. 38.300.020. Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which,
together with all explanatory matter thereon, is adopted by this reference and declared to be
a part of this chapter.
B. The purpose statements for each zone and map designation set forth in part 2 of this division
shall be used to guide the application of the zones and designations to all lands in the city.
The purpose statements also shall guide interpretation and application of land use
regulations within the zones and designations, and any changes to the range of permitted
uses within each zone through amendments to this title. For the purpose of this chapter, the
city is divided and classified into the following use districts:
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R-S Residential Suburban District
R-1 Residential Low Density District
R-2 Residential Moderate Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-5 Residential Mixed-Use High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-2M Community Business District - Mixed
B-3 Downtown Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
REMU Residential Emphasis Mixed-use District
PDZ Planned Development Zone
C. Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use prior
to the completion of the appropriate review procedure and compliance with all of the
applicable requirements and development standards of this chapter and other applicable
policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending services.
Section 14
That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning
districts, of the Bozeman Municipal Code be amended as follows with all other elements of the
section to remain as presently written:
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
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— = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and yards
incidental to
construction work
A A A A A A A A
Temporary sales
and office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or more
(38.360.270)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres (38.360.270)
C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable
(38.360.230)
C — — — — — — —
Community
centers*
C C C C C C P C
Day care centers* S S S P P P P S
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Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
C C C C C C C C
Short Term Rental
(Type 1)*
P P P P P P P —
Short Term Rental
(Type 2)*
— — P P P P P —
Short Term Rental
(Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses C C — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and centers*
— — — — C C3 P —
Recreational vehicle
parks (38.360.210)*
C — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R -O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential growth policy
designation the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of
installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a
mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 15
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That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in
commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be
amended as follows with all other elements of the section to remain as presently written:
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-
use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2
M
B-
3
UMU
(38.310
.050)
REMU
(38.310
.060)
NEHM
U2
B
P
M
-1
M
-2
Public, educational, government and regional
Business, trade,
technical or
vocational school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C4 P P C3
, 4
C C4 P
C
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturing
and generation
— — — — — — — — — S —
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facilities (electric
and gas)
Public and
nonprofit, quasi-
public
institutions, e.g.
universities,
elementary junior
and senior high
schools and
hospitals
— — — — — — — — — — P
Public buildings
and publicly
owned land used
for parks,
playgrounds and
open space
P
—
P
—
P P P P P P P P P
Solid waste
transfer station
— — — — — — — — — C P
Solid waste
landfill
— — — — — — — — — — C
Truck, bus and
rail terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult business
(38.360.050)*
— — — — — — — — P P —
Amusement and
recreational
facilities
— P P — P — P — P C —
Arts and
entertainment
center*
P P P P P P
12,000s
f
— — — — —
Casinos — — — — — — — — C C —
Community
centers
(38.360.090)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
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Home-based
businesses
(38.360.150)*
A A A A A A A A A A —
Other buildings
and structures
(typically
accessory to
permitted uses)
A A A A A A A A A A A
Temporary
buildings and
yards incidental
to ongoing
construction work
— — — — — — A A A A —
Any use, except
adult businesses
and casinos,
approved as part
of a planned unit
development
subject to the
provisions of
division 38.430
C C C C C C C C5 C5 C5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse
Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is
available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Section 16
That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman
Municipal Code be amended as follows with all other elements of the section remaining as
presently written:
D. Municipal infrastructure requirements.
1. Whenever any building lots and/or building sites are created inside the city limits or
existing lots are annexed, and prior to the issuance of any building permits on such lots
or sites, municipal water distribution, municipal sanitary sewer collection, and streets
must be provided to the site. Each building site must utilize and be connected to both
the municipal water distribution and municipal sanitary sewer collection systems.
Installation of improvements is subject to division 38.270 of this chapter.
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a. Alternative. When, in the city's sole determination, it is in the city's long term best
interests to allow a building lot or site to be created or developed without
immediate access to either municipal water or municipal sewer the city may, at its
sole discretion, make such allowance when all of the following have been met:
(1) The non-municipal system to service the lot or site must be designed,
reviewed and constructed to meet city standards. Systems serving more than
one lot or user must be central systems;
(2) The non-municipal system must be designed and constructed in a manner to
allow connection to the municipal system components shown in applicable
facility plans to serve the property at such time as it becomes available;
(3) The landowner must provide waivers of right to protest creation of special
improvement districts or other financing methods to extend municipal water
and sewer services. Such extensions or connections may require construction
of system components that are not immediately adjacent to the building lot or
site;
(4) The landowner must agree to connect to municipal water and sewer services
and abandon and remove non-municipal services when so instructed by the
city. Such agreement must be binding on all successors and run with the
land;
(5) If the city takes responsibility to operate the non-municipal system it may
impose a surcharge to cover extra operational expenses. City operation of the
system is at the city's discretion;
(6) The requirement for future connection to the municipal water and/or sewer
system, waivers and agreements, and other applicable materials must be
either noted on the plat or final plan or a separate notice be recorded at the
county clerk and recorder's office so that such notice will appear on a title
report or abstract of the property;
(7) No non-municipal water or sewer systems must be constructed until all
necessary approvals from the state department of environmental quality, City
of Bozeman, county health department, and any other relevant agency have
been received; and
(8) The use of municipal water or sewer systems is considered to be the best
means to protect the public interest and welfare. The alternative for the use of
non-municipal systems is intended to be used sparingly and in extraordinary
circumstances. In order to protect the public interest, in approving a non-
municipal system the city may impose such conditions of approval as it
deems necessary.
2. These improvements must be designed, constructed and installed according to the
standards and criteria as adopted and approved by the city prior to the issuance of
any building permits.
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3. When municipal water distribution and municipal sanitary sewer collection
systems are being provided to serve a development proposal occurring under the
provisions of division 38.430, planned unit development (PUD), tThe issuance of
a building permit may be allowed prior to completion of the public infrastructure,
provided the criteria, standards, and limitations of section 38.270.030 are met.
4. Notwithstanding the provisions of subsection D.3 of this section, the city may
limit the scope, type and number of projects eligible for simultaneous construction
consideration.
Section 17
That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Height limitation exceptions.
1. Non-specific exemptions. No building, or part thereof, or structure must be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for
the district in which such building is located, except as is specified in division 38.250
of this chapter., or as specifically authorized as an approved condition of a planned unit
development. Such approved conditions must include the recommendations of the city
fire marshal.
2. Specific exemptions.
a. Height limitations do not apply to church spires, belfries, cupolas and domes;
monuments; chimneys and smokestacks; flag poles; public and private utility
facilities; parapet walls extending no more than four feet above the limiting height
of the building except as hereinafter provided: amateur radio antennae; solar
energy collectors and equipment used for the mounting or operation of such
collectors; and building mounted horizontal and vertical axis wind energy
collectors under 15 feet in height from the building mounting surface, and
equipment used for the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and
semi-public buildings may exceed height limitations otherwise established by this
chapter, provided that:
(1) The portion of the building that exceeds the height limit must be limited to
10 percent of the total building footprint; and
(2) That for each one foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear setbacks
must be increased in width or depth by an additional one foot over the side
and rear setbacks required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt
from height limitations otherwise established in this chapter, provided that no
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linear dimension of any such structure exceed 50 percent of the corresponding
street frontage line.
d. Towers and monuments, cooling towers, gas holders or other structures, where the
manufacturing process requires a greater height, and grain elevators and silos are
exempt from this chapter, provided that any structure above the height otherwise
permitted in the district must occupy no more than 25 percent of the area of the lot
and must be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by division 38.370 of this
chapter.
Section 18
That 38.370.030, Uses within districts and required review procedures, of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which
certain telecommunication uses may be permitted as principal or conditional uses in specific
districts. Unless specifically exempted by this division 38.370, all other standards and
procedures of this chapter must apply.
1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require
subdivision review when land interests are created by rent or lease. Depending on how
the ownership and use of land for a facility subject to this division 38.370 is
established, subdivision review may be required in addition to site plan review.
B. No wireless facility may be permitted except in accordance with the development review
processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the
applicable zoning district and scope of the proposed facility. Principal uses are indicated
with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an
"A", planned unit development is indicated with a "PUD", and uses which are not permitted
within the district are indicated by a "-". All applications are subject to the review processes,
submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this
chapter as may be applicable.
1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special
uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
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B-2 C P/C1 A P
B-2M C P/C1 A P
B-1 C P/C1 A P
UMU C P/C1 A P
REMU PUD S9 P/C1 A C
NEHMU P P A P
R-O PUD S9 C P C
R-5 PUD S9 C P C
R-4 PUD S9 C P C
R-3 PUD S9 C P C
R-2 PUD S9 C P -
R-1 PUD S9 C P -
R-S PUD S9 C P C
Note:
1. Conditional use review is required when the proposed facility exceeds the height limitation of the district.
2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as
part of the original review, must be reviewed as a sketch plan in all zones.
3. A wireless facility may be permitted as an accessory use in any non-residential district when:
a. It is for the exclusive use of a single on-site business when the business has otherwise been approved
under division 38.230 or 38.430 of this chapter, rather than offered to additional parties;
b. It is in compliance with the maximum building height limitations of the zoning district;
c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed against the
criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before
issuance of a building permit.
5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in
writing a pre-application conference with the community development department. The purpose of the pre-
application conference is to acquaint the participants with the applicable requirements of this division 38.370,
as well as with any preliminary concerns the department may have.
6. The applicant's written request for a preapplication conference must include the following information with
regard to the proposed facility:
a. Location;
b. Overall height;
c. Number of antennas proposed, including those of other providers to be collocated;
d. Type of wireless communication services to be provided; and
e. Coordination of ground equipment shelters.
7. Adequate review of applications may require the city to retain consultants or other third party assistance to
review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to
issuance of a building permit.
8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this
division 38.370.
9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area.
Section 19
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That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must
comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be
owned by the city and maintained by an approved non-city maintenance provider. property
owners' association, or, if the criteria of this section are met, be a public street easement.
1. Public street easements. Public street easements must:
a. Be in the city’s standard form or be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public
street to the property to be subdivided.
2. Privately maintained public streets.
a. Privately maintained streets may be required tomust have a public access
easement. if deemed necessary by the city.
b. If a privately maintained local street is proposed, the following standards must be
met: project must be reviewed as a planned unit development. However,
development proposals containing private streets are exempt from the PUD
review requirement if :
(1) A local private street is proposed and tThe street right of way complies
would comply with the city standard of-way requirement of 60 feet, and the
standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or
(2) A local private street is proposed and tThe street right of way complies
would comply with the city standard right-of-way requirement of 60 feet.
The back-of-curb to back-of-curb width may vary from city standards,
provided that: the review authority approves a departure for the back-of-
curb to back-of-curb width when:
(a) An alternate street cross section is provided which provides the
functional equivalent for pedestrian and vehicle travel, snow and
stormwater management, and parking of motor and other vehicles.
(b) A report certified by a professional engineer addressing site conditions
including zoning and expected intensity of development over time,
ability to accommodate unexpected intensity of development,
connectivity to other streets, expected traffic volumes, site distances,
spacing of accesses, turning movements, and proposed alternative
means of addressing standards including but not limited to stormwater.
(c) Based upon the above data, the review authority will determine whether
a modification from the required standards is justified. The alternative
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design must protect the public's health, safety and welfare, the intent of
this chapter, and the intent of the city's growth policy.
(d a) A permanent funding source, such as the levying of assessments against
all properties within the development, for street maintenance is
established and the funding levels will be adequate for all future private
street maintenance; and
(e b) The developer signs a waiver of right to protest the creation of SIDs, or
other perpetual legal instrument, acknowledging that the city will not
assume dedication and/or maintenance of the streets unless the street is
brought up to city standards, or the property owners' have agreed to an
assessment to fund improvements required to bring the street up to city
standards. The developer must record the waiver, or other legal
instrument, at the time of final plat recordation, or prior to issuance of
building permits if no final plat recordation is required.
(f) The developer must execute a hold harmless and indemnification
agreement indemnifying, defending and holding harmless the city, its
employees, agents and assigns from and against any and all liabilities,
loss, claims, causes of action, judgments and damages resulting from or
arising from approval of an alternative street cross section under this
section.
c. Privately maintained collector or arterial streets are not allowed.
c d. Documented proof of adequate funding and scheduling for maintenance of all
privately maintained public streets, must be provided, subject to section
38.270.090.
Section 20
That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its
entirety and replaced with a new section as follows with some elements of the former 38.430
amended and moved to a new division 38.440:
Division 38.430 Planned Development Zone Districts
38.430.010 Purpose
The purpose of the planned development zone (PDZ) district is to provide a general structure and
plan for specific properties to encourage flexibility and innovation that:
A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and
B. Support implementation of community plans and goals, including but not limited to the
city’s adopted growth policy; and
C. Provide community benefits through the creation of affordable housing, inclusion of
environmentally sustainable design features, and retention of historic structures; and
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D. Protect and promote the health, safety, and general welfare of the community.
38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to
[Effective Date]
A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications
received by the city prior to [Effective Date] that have completed the adequacy review
process prior to [Effective Date] must after [Effective Date] be referred to as Legacy
Planned Unit Developments.
B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended
pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD
regulations in effect prior to [Effective Date] are renamed legacy planned unit developments
and are in division 38.440.
38.430.030 PDZs Approved After [Effective Date]
A. PDZ applications approved by the city after [Effective Date], and submitted PUD
applications that have not completed the adequacy review process prior to [Effective Date]
shall be subject to the regulations in this division.
B. A PDZ application must identify a standard base zoning district, from those listed in
division 38.300 (the “reference base district”) for each portion of the PDZ area. Different
reference base districts may be designated for different portions of the property. The project
must be designed in conformance with the standards in this chapter applicable in the
reference base district unless an alternative standard or allowance is approved with the PDZ.
If a PDZ has more than one reference district the boundaries of the different areas should
generally follow the boundary guidance of 38.300.050.A.
C. PDZ districts adopted pursuant to this division must be implemented through the creation of
new zoning districts through zoning map amendments as described in division 38.260, Part
2 and shall be labeled on the base zone district layer of the city’s official zoning map as
"PDZ." Individual PDZ are not added to or listed in 38.300.020.
38.430.040 Eligibility for Rezoning to PDZ District
A. An application for rezoning to a PDZ district may only be accepted for review by the city if
the review authority determines that the application complies with the following general
criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the
director:
1. All property included in the proposed PDZ must be under common ownership or
control or must be the subject of an application filed jointly by the property owners of
all the property to be included.
B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the
City regarding the specific uses, structures, layout, and design that will be used to satisfy the
eligibility criteria.
C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by
the city. Approval by the city requires a city commission finding that the criteria for
approval in section 38.430.090 are met.
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38.430.050 Specific PDZ Eligibility Requirements
The proposed PDZ district must, as determined by the review authority, comply with the
eligibility criteria of at least one of the following five types of PDZ.
A. Affordable Housing PDZ
1. Eligibility. An affordable housing PDZ application must predominantly include
residential dwelling units and must propose:
a. That all parcels on which single-household detached dwelling units will be
constructed are permitted to construct an accessory dwelling unit either within the
primary building or in a freestanding accessory building in compliance with the
provisions of 38.360.040; and
b. The following amounts and levels of affordable housing:
(1) Between [Effective Date] and that date on which the city commission adopts
an ordinance or resolution establishing a different required amount of
affordable housing or a different required level of income-restriction or both,
the PDZ must propose to provide:
Table 38.430.050: Affordable Homes Required
Minimum
Percentage
of Homes
Maximum Percentage of AMI Duration
Rental
Dwellings
For-Sale
Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>10% 80% of AMI 120% or AMI =>30 years
(2) After the date on which the city commission adopts an ordinance or
resolution establishing a different required amount of affordable housing or a
different required level of income-restriction, the PDZ must provide:
(a) The amounts of housing and the levels of income-restriction required by
those ordinances or restrictions, for a period of at least 30 years; or
(b) At least an equivalent level of affordable housing benefit to the city, to
be determined during the PDZ review and approval process, for a period
of at least 30 years.
2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or
waiver of any non-procedural provision in this chapter if that adjustment or waiver will
contribute to achieving the preservation or production of housing at a lower cost than
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would otherwise be possible under the reference base district. The city may not adjust
or waive any provision imposed by state or federal law or regulation.
B. Historic Structure/Site PDZ
1. Eligibility. A historic structure/site PDZ application must propose:
a. Inclusion of an existing structure or site that is currently designated or is
documented as eligible for designation on a city or state list of historic structures;
or on the National Register of Historic Places within a contiguous area included in
the PDZ application, and must either:
(1) In the case of an existing designated historic structure or site, the PDZ
application must include a written commitment to preserve the structure or
site in compliance with all applicable historic preservation standards for a
period of at least 20 years; or
(2) In the case of an undesignated historic structure or site, the PDZ application
must include a written commitment to complete the designation of the
structure or site as historic prior to development of any portion of the PDZ,
and to preserve the designated structure or site in compliance with all
applicable historic preservation standards for a period of at least 20 years.
b. The PDZ application may include additional lands contiguous with the lot or
parcel containing the historic structure.
2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic
structure/site PDZ may include a request to:
a. Calculate any unused development potential from the lot or parcel containing the
historic structure or site under the property’s current zoning,
b. Apply any unused development potential on other portions of the same lot or
parcel, or on contiguous lands included in the PDZ application, and
c. To request adjustment or waiver of any non-procedural provision in this chapter
if the adjustments or waivers will contribute to achieving the preservation the
historic structure. The city may not adjust or waive any provision imposed by
state or federal law or regulation.
C. Sustainable/Resilient Design PDZ
1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or
building design features demonstrated to achieve two or more of the following
reductions in resource consumption or trip generation when compared to those levels
anticipated for developments of a similar type under the reference base district:
a. A reduction in water consumption of at least 25 percent; or
b. A reduction in non-renewable energy use of at least 25 percent; or
c. A reduction in average daily motor vehicle trip generation of at least 25 percent;
or
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d. A combination of reductions in water consumption, non-renewable energy use, or
average daily motor vehicle trip generation providing at least an equivalent
sustainable/resilient development benefit to the city.
2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may
request an adjustment or waiver of any non-procedural city development standard in
this chapter if that adjustment or waiver will contribute to reductions in water
consumption, non-renewable energy consumption, or traffic generation when
compared to development of a similar type under the reference base district standards.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
D. Large Development PDZ
1. Eligibility. A Large development PDZ review must propose all of the following:
a. The PDZ must contain at least 10 acres of contiguous land that is proposed for
annexation and development pursuant to a master plan approved by the city or
proposed for approval by the city along with the PDZ application;
b. If the application includes dwelling units then the affordable housing requirements
of Table 38.430.050 apply; and
c. The PDZ must include public amenities or public infrastructure investments or
both beyond what would otherwise be required under this code and the reference
base district(s) which are proportionate or greater to the adjustments or waivers to
requested development standards.
2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request
an adjustment or waiver of any non-procedural city development standard in this
chapter if:
a. That adjustment or waiver will contribute to achieving the preservation or
production of housing at a lower cost than would otherwise be possible under the
reference base district if the PDZ includes housing;
b. The PDZ includes public amenities or public infrastructure investments or both
beyond what would otherwise be required under this code and the reference base
district(s) which are proportionate or greater to the adjustments or waivers to
requested development standards; and
c. The PDZ demonstrates implementation of five adopted community goals and
objectives as documented in an adopted and in effect growth policy, facility plan,
or similar document to a greater degree than is required under the minimum
standards of the reference base district.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
E. Combined Benefits PDZ
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1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of
the affordable housing benefits identified in 38.430.050.A and benefits identified in
Sections 38.430.040.B, C, or D or any combination thereof, the application must:
a. Provide at least one-half of the amounts of affordable housing, at the levels of
income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years;
and
b. Provide benefits listed as necessary to meet 38.430.090 in any one or a
combination of:
(1) 38.430.050.B.1 for consideration of a historic structure/site PDZ;
(2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or
(3) 38.430.050.D.1.a and c above for consideration of a Large Development
PDZ.
2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits
PDZ may request an adjustment or waiver of any city non-procedural provision in this
chapter if that adjustment or waiver will contribute to achieving the types of flexibility
listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any
provision imposed by state or federal law or regulation.
F. Novel Public Benefits PDZ
1. Eligibility. A novel public benefits PDZ application must propose mutually
supportive and integrated project, site, or building design features outside of the
parameters of A-E that:
a. As determined in the discretion of the review authority materially advances at
least 6 objectives of the growth policy and at least two priorities each from two
other adopted plans of the City which produce public benefits.
b. The novel public benefits option is subject to a heightened level of scrutiny as the
City has established options A-E as its preferred benefit options.
2. Flexibility Allowed. PDZ applications eligible for consideration as a novel public
benefits PDZ may request an adjustment or waiver of any city non-procedural
provision in this chapter if that adjustment or waiver will contribute to materially
advancing the objectives and priorities identified in F.1.a when compared to
development of a similar type under the reference base district standards and which
produce public benefits. The city may not adjust or waive any provision imposed by
state or federal law or regulation.
G. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ
unless specified otherwise in the approval.
38.430.060 Permitted uses in a planned development zone
A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s
adopted growth policy.
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B. A PDZ application may include any land use listed in division 38.310 and must identify
proposed uses by the same names used in that Section.
C. Proposed uses must comply with all applicable use-specific standards for the use(s), as
described in division 38.360, unless a waiver or adjustment to applicable standards is
proposed and approved as part of the PDZ application review process.
D. A PDZ must address allowance for telecommunications and utilities as part of proposed
land uses. The proposed allowance may not have the effect of restricting service availability
of telecommunications or utilities.
38.430.070 Phased Development
A. PDZ applications may propose development to occur in phases. If phased development is
proposed, the application must include a projected timetable for phased development and a
general development plan that includes all of the land to be included in all phases of
development.
B. In connection with any phased PDZ development, the city may require the applicant execute
a development agreement, improvements agreement, or other documentation acceptable to
the city ensuring dedication of required parks, open space, or both, and construction of
required infrastructure, amenities, or site features.
C. The city may authorize phased construction of infrastructure or site amenities pursuant to
38.270.060.C.
D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or
site features makes it necessary to construct them in a sequence other than in rough
proportion to approvals for construction of residential or non-residential structures, the city
may require the applicant to construct them in the order and extent necessary to protect the
public and ensure practical function.
38.430.080 General Review Procedures for PDZ Applications
A. Applicability. A request to develop land in any of the five types of PDZ zoning districts
must be submitted and reviewed as a combined zoning map and text amendment under
division 38.260.
B. Procedure
1. General.
a. A PDZ zoning application requires review and approval of a general development
plan as described in this section concurrent with review of an application for a
zoning map amendment, as described in division 38.260.
b. A PDZ does not give authority for construction but a final development plan must
be approved by the review authority prior to issuance of building permits or
initiation of construction. Subdivision, site plan, or other review processes may
also be required prior to initiation of construction.
c. An application for a final development plan may be filed prior to final action on
an application for a PDZ zone map amendment and a related general development
plan provided that:
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(1) No action by the review to approve, approve with conditions, or deny the
final development plan is effective until the zone map amendment and
related general development plan is approved or approved with conditions.
(2) The review authority may waive specific requirements for information the
applicant must include in a final development plan if the review authority
determines that information has been included in the application for a general
development plan.
d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file
an application for preliminary plat concurrently with the application for a general
development plan. Applicant may be required to waive required subdivision
review periods for subdivision review to enable coordination of review. The
review authority may waive specific requirements for information the applicant
must include in a final development plan if the review authority determines that
information has been included in the preliminary plat application.
e. The city will coordinate processing of the PDZ and subdivision applications to
allow for consolidated consideration of both applications together if feasible.
Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240.
Final development plan review and approval is still required, as described in this
section, and compliance with phased development requirements in 38.430.070 is
also required, if applicable.
Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary
Table abbreviations
R = Review, D = Decision-making authority, N/A = Requirement does not apply
Director Community
Development Board
[1]
City Commission
PDZ Zoning
Zoning Map Amendment and
general development plan for all
PDZ Property
R R D
Final development plan D
Subdivision (if Required for PDZ)
Preliminary Subdivision Plat [2] R R D
Final Subdivision Plat [2] R D
Notes
[1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development
Board will act in its capacity as a Zoning Commission or Planning Board, as necessary.
[2] An applicant may request that the city concurrently process applications for a general
development plan and Preliminary Subdivision Plat. An applicant may request that the city
concurrently process applications for a final development plan and Final Subdivision Plat.
Such requests may be limited by 76-3-604(9) MCA.
C. PDZ Zoning and General Development Plan Review
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1. Applicant may submit the PDZ zoning and general development plan review
application upon completion of concept or informal,
2. The PDZ application must include, at a minimum the materials required in 38.220.120:
3. If the project requires approval of a subdivision plat, the applicant may submit an
application for a preliminary plat at the same time as a PDZ zoning application, and the
two may be consolidated for joint consideration by the city commission. Section 76-3-
604(9) MCA restricts applicability of changing zoning standards and may limit the
ability of the city to consolidate review.
D. Concept/Informal Review. A concept review or informal application is required for all
PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision,
the city may review subdivision pre-application and concept review or informal application
for PDZ zoning concurrently. If an application for PDZ zoning and general development
plan are not filed with the city within one year after the concept review or informal review,
the review authority may require another concept review or informal review meeting before
the application is filed.
E. Noticing and Public Hearings
1. After the community development department determines the PDZ zoning and general
development plan applications contain all necessary information, the department will
set review dates before the community development board and before the city
commission.
2. If the application also includes a complete application for a preliminary plat, the
department will set a date for review of the plat in accordance with 38.240.
3. Notice shall be provided in accordance with division 38.220.
F. Review and Action
1. The community development department may refer a complete PDZ zoning
application and associated general development plan application to other city or
governmental departments, agencies, or districts whose jurisdiction involves some or
all of the land included in the application, for their comments or recommendations.
2. After conducting its public meeting, the community development board must
recommend to the city commission approval or denial of the PDZ zoning application;
and recommend approval, approval with conditions, or denial of the associated general
development plan application. If the applicant submitted an application for a
preliminary plat, the community development board must recommend approval,
approval with conditions, or denial of the preliminary plat.
3. After conducting its public hearing, the city commission may approve or deny the PDZ
zoning application; and may approve, approve with conditions, or deny the associated
general development plan application. The city commission may not approve a PDZ
zoning application before a general development plan for all of the property included
in the PDZ zoning application is approved or approved with conditions.
4. If the applicant submitted an application for a preliminary plat, the city commission
may concurrently consider the PDZ zoning and subdivision applications and approve,
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approve with conditions, or deny the preliminary plat concurrently pursuant to
38.240.150, if permitted by state law.
5. The review authority must indicate approval or denial of the final development plan
pursuant to this section based on the PDZ zoning application and staff report, but the
review authority’s decision shall not become final unless and until the city commission
approves the PDZ zoning and approves the general development plan in a form that is
consistent with the final development plan.
G. Final Development Plan Review and Approval
1. After approval of a PDZ zoning application and approval or conditional approval of a
general development plan, the review authority must approve a final development plan
before applicant may initiate construction, or initiate any use based on the PDZ
approval. A final development plan must be approved prior to approval of any site
plan, final plat, building permit, or other final development review decision.
2. Each final development plan must be consistent with the terms of the approved PDZ
zoning and general development plan and may not include adjustments or waivers to
any reference base district standard inconsistent with the PDZ zoning or general
development plan.
3. The review authority may approve one final development plan for the entire PDZ
property or may approve multiple final development plans for different portions of the
property if the city has approved phased development pursuant to 38.430.070. The city
may not issue any building permit, and no individual or entity may initiate any
infrastructure or other construction; or any use on any portion of the property for which
the review authority has not approved a final development plan.
4. If the city commission has approved both a PDZ zoning application and a related
application for a preliminary plat, the final plat must be filed with the Gallatin County
Clerk and Recorder before the city may issue any building permit or before applicant
may initiate any building construction or use based on the PDZ approval.
5. A final PDZ zoning approval is not an approval to begin building construction. It
provides the general plan and pattern for the applicant to submit associated subdivision
plats and site plans for approval.
38.430.090 Criteria for Approval
The community development board may recommend approval of an application for PDZ zoning,
and the city commission may approve an application for PDZ zoning, if it determines the PDZ
application complies with the criteria in subsection A applicable to all PDZ applications and also
complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ
applications. The applicant has the burden of proof that the proposed PDZ and general
development plan meet the criteria for approval.
A. Criteria Applicable to All PDZ Applications
1. Complies with applicable Montana state law criteria for approval of a zoning map and
text amendment, 76-2-304;
2. Complies with general eligibility criteria in 38.430.040;
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3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in
38.430.050, as applicable;
4. Is in accordance with the growth policy currently in effect, including the future land
use map; and
5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as
the reference base district for each portion of the PDZ; and
6. Mitigates known adverse impacts on surrounding properties to the extent practicable
consistent with 38.100.050 and 38.100.070.
B. Criteria Applicable to Specific Types of PDZ Applications
1. Affordable Housing PDZ. The applicant has submitted a general development plan or
other documentation acceptable to the city ensuring the development provides the
amounts of affordable housing required by this section. If the PDZ proposes to provide
an equivalent affordable housing benefit for a period of at least 30 years, the city may
consider the size, type, or location of the dwelling units, site or sustainable design
features to be included in the development that would reduce operating or maintenance
of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or
other factors.
2. Historic Structure/Site PDZ
a. The general development plan or other documentation acceptable to the review
authority includes an adaptive reuse plan for the listed historic structure(s)
included in the PDZ; and
b. The general development plan or other documentation acceptable to the review
authority ensures that the design of any new structures to be constructed on
portions of the PDZ property that do not contain the historic structure will meet
the criteria of the latest edition of the Secretary of the Interior standards for
Related New Construction.
3. Sustainable/Resilient Design PDZ. The general development plan or other
documentation acceptable to the review authority ensures that the level of combined
water consumption, non-renewable energy consumption, average daily motor vehicle
trip generation, or a combination thereof from all structures and uses included in the
PDZ shall be at least 25 percent lower than levels commonly experienced by
development meeting current established standards in each of the reference base
districts listed in the PDZ.
4. Large Development PDZ
a. If the PDZ includes housing, the applicant must submit a general development
plan or other documentation acceptable to the review authority ensuring the
development provides the amounts of affordable housing required by this section.
If the PDZ proposes to provide an equivalent affordable housing benefit for a
period of at least 30 years, the review authority may consider the size, type, or
location of the dwelling units, site or sustainable design features to be included in
the development that would reduce operating or maintenance of the dwelling
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units, the proposed initial sale prices or rental rates of dwelling units, or other
factors; and
b. The general development plan or other documentation acceptable to the review
authority ensures the PDZ will include physical investments public amenities or
public infrastructure investments or both beyond what would otherwise be
required under this chapter open to the public that significantly exceed those that
would otherwise be required under this chapter for property located in the
reference base district listed in the PDZ and that are proportionate to or greater
than the adjustments or waivers to requested development standards.
c. The applicant has submitted documentation acceptable to the review authority
sufficient to identify the five chosen plan objectives, identify specific actions to be
taken to materially advance the objectives, and provides an implementation plan
for actions to be carried out within 5 years and suitable to complete
implementation actions. If the implementation plan is phased to coordinate with
subdivision or other development, then implementation of each objective within
each phase must be able to be completed within 5 years of beginning of
construction within each phase.
d. The city may, in its sole discretion, require security for performance or
completion of actions as part of the general plan using the methods and
procedures of division 38.270 in conjunction with subdivision or site
development.
e. The implementation plan must include for each action proposed:
1) A timeline addressing any phasing and completing action within five years;
2) A description of any additional review procedures required before
execution can begin;
3) The responsible party to complete additional review procedures and
4) Intended funding source if applicable.
5. Combined Benefit PDZs
a. The applicant has submitted a development agreement or other documentation
acceptable to the review authority ensuring the development provides at least one-
half of the amounts of affordable housing required by this division. If the PDZ
proposes to provide an equivalent affordable housing benefit for a period of at
least 30 years, the city may consider the size, type, or location of the dwelling
units, site or sustainable design features to be included in the development that
would reduce operating or maintenance of the dwelling units, the proposed initial
sale prices or rental rates of dwelling units, or other factors; and
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b. The benefits to the city through the proposed combination of historic preservation,
sustainable/resilient development, novel public benefit, and large development
exceed the affordable housing benefits that the city would have received if the
PDZ had included the full amounts of affordable housing required by this
division.
6. Novel Public Benefit PDZs
a. The applicant has submitted documentation acceptable to the review authority
sufficient to identify the chosen plan objectives, identify specific actions to be
taken to materially advance the objectives, and provides an implementation plan
for actions to be carried out within 5 years and suitable to complete
implementation actions. If the implementation plan is phased to coordinate with
subdivision or other development, then implementation of each objective within
each phase must be able to be completed within 5 years of beginning of
construction within each phase.
b. The city may, in its sole discretion, require security for performance or
completion of actions as part of the general plan using the methods and
procedures of division 38.270 in conjunction with subdivision or site
development.
c. The implementation plan must include for each action proposed:
1) A timeline addressing any phasing and completing action within five years;
2) A description of any additional review procedures required before
execution can begin;
3) The responsible party to complete additional review procedures; and
4) Intended funding source, if applicable.
38.430.100 Duration of PDZ Approval
A. Zoning Map Amendment.
1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the
PDZ district is required. Final adoption of the implementing ordinance does not occur
until after a final development plan meeting all conditions of approval has been
reviewed and is ready for approval.
2. An approved PDZ zoning does not expire after final adoption of the implementing
ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division
38.260 if:
a. The city has not received an application for a building permit before the
expiration of an approved final development plan pursuant to this section; or
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b. The applicant does not proceed with development pursuant to one or more
approved final development plans according to provisions for phased
development approved by the city.
B. General Development Plan Duration
1. An approved general development plan is valid for a period of one year unless the
approved general development plan provides for a longer time or for phased
development, or the city commission approves an extension of such time. A final
development plan for at least part of the PDZ property must be approved not later than
within one year after the approval of a general development plan. The applicant may
submit a written request for one extension of up to one additional year to submit the
final development plan, and the director may approve such requests for good cause
shown.
2. If a general development plan expires, the right to proceed with the development
pursuant to the approved general development plan is terminated, and the provisions of
the reference base district(s) applicable to each portion of the land included in the
general development plan shall apply, unless and until the city commission approves a
new general development plan pursuant to this section.
C. Final Development Plan Duration
1. A final development plan is valid for a period of at least one year one year and not
more than 3 years unless the city approves a building permit and applicant begins
construction of at least one primary structure within one year of the approval of a final
development plan. This may require completion of work and recording of a final plat
prior to issuance of a building permit.
2. The applicant may submit to the director a written request for extension of time of up
to 2 years to obtain the required building permit, and the director may approve such
requests pursuant to section 38.230.140.F.
3. If a final development plan expires, the applicant must apply for and obtain approval of
a new final development plan pursuant to this section.
38.430.110 Amendments to Approved Planned Development Zones and General
Development Plans
A. Amendments to Approved General Development Plan. After approval of a general
development plan, the applicant may request and the director may approve, minor
amendments to the general development plan, as described below.
1. Minor Amendments. The review authority may approve the following minor
amendments to an approved general development plan if the review authority
determines that they do not change the character of the neighborhood and do not
contain any changes that would increase the amount of deviation/relaxation of the
requirements of the reference base zoning districts beyond those in the approved
general development plan. Minor amendments must be consistent with the initial
approval and may include but are not limited to:
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a. A change in the location of any internal street that does not affect points of access
to or from the PDZ property;
b. A change in the location of any internal park, open space, or storm drainage
detention/retention facility that is not located along the periphery of the PDZ
property; and
c. A change of location or orientation of any primary building on a lot or parcel;
d. An increase of less than five percent in the amount of permitted residential or non-
residential lot coverage;
e. A change of less than five percent in the minimum or maximum number of
parking spaces required or permitted;
f. A change of less than five percent in the maximum permitted height of any
building; and
g. A change in any numerical building design standard by up to five percent.
h. An increase or decrease of less than five percent in the number of dwelling units
in an approved PDZ, provided that the revised number of dwelling units still
include the amounts and levels of affordable housing required by this division.
i. Revisions to phasing sequence or boundaries that do not conflict with conditions
of approval or conflict with standards.
2. Major Amendments
a. A major amendment is any change to an approved general development plan not
listed as a minor amendment in this section.
b. A major amendment to an approved general development plan requires approval
through the same process used to approve the original PDZ zoning and general
development plan.
c. Any major amendment that proposes to increase the number of dwelling units in
an approved PDZ, or to add residential dwelling units to an approved PDZ, shall
include the proportionate amounts of affordable housing required by this division.
B. Amendments to Approved Final Development Plan
1. After approval of a final development plan, the applicant may request, and the review
authority may approve, amendments to the final development plan if the review
authority determines the proposed amendments are consistent with the approved
general development plan and the provisions of this chapter. Amendments are subject
to the minor and major amendment limits in paragraph A of this section.
2. The review authority may authorize the applicant to submit only those portions of final
development plan application materials necessary to document the proposed change,
rather than submitting a new final development plan application.
3. If the review authority determines the revised final development plan requires a minor
amendment to a general development plan, the review authority may approve both at
the same time.
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38.430.120 Removal of Property from a Planned Development Zone
A. A property owner may apply for a zoning map amendment to remove a parcel from an
approved PDZ and any related general development plan or final development plan.
B. The application for a zoning map amendment must indicate the zoning district to be applied
to the removed properties, which may be different from the reference base district identified
for such property in the approved PDZ.
C. The city shall consider any such application pursuant to division 38.260 and may require the
applicant provide assurances that any unfulfilled obligations related to construction or
maintenance of infrastructure or amenities, provision of open spaces, preservation of access,
or other matters addressed in the PDZ, general development plan, or final development plan
will be satisfied without imposing additional costs or burdens on properties that are to
remain included in the PDZ or on any organization or entity responsible for providing or
maintaining improvements or services to the remaining PDZ properties.
38.430.130 Administrative Procedures Authorized
The city manager may adopt, and from time to time amend, administrative procedures to
implement this section. The administrative procedures may at a minimum include the following
items:
A. Standards to evaluate equivalent levels of housing affordability;
B. Standards related to required levels of maintenance of historic structure;
C. Standards to measure reductions in water consumption, reductions in non-renewable energy
use, and reductions in average daily motor vehicle trip generation;
D Standards to measure or evaluate equivalence of benefits to the city; and
E. Procedures for application requirements, processing, and review of a PDZ.
Section 21
That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as
follows:
DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS
Sec. 38.440.010. Intent.
A. This division is created to provide for the continued regulation of legacy planned unit
development (PUD) approved or deemed adequate prior to [effective date]. Prior to
[effective date] a PUD was a use approved within an existing zoning district and did not
modify the zoning map. This division cannot be applied to property not already within a
legacy PUD.
38.440.020. Final plan review and approval.
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A. The final PUD plan must be in compliance with the approved preliminary plan and/or
development guidelines except as provided for in subsection A.2 of this section, and must
be reviewed by DRC and ADR staff and approved by the review authority.
1. Application process. Upon approval or conditional approval of a preliminary plan and
the completion of any conditions imposed in connection with that approval, an
application for final plan approval may be submitted.
2. Review criteria; compliance with preliminary plan. For approval to be granted, the
final plan must comply with the approved preliminary plan. This means that all
conditions imposed by the city commission as part of its approval of the preliminary
plan have been met and:
(a) The final plan does not change the general use or character of the development;
(b) The final plan does not increase the amount of improved gross leasable non-
residential floor space by more than five percent, does not increase the number of
residential dwelling units by more than five percent and does not exceed the
amount of any density bonus approved with the preliminary plan;
(c) The final plan does not decrease the open space and/or affordable housing
provided;
(d) The final plan does not contain changes that do not conform to the requirements
of this chapter, excluding properly granted deviations, the applicable objectives
and criteria of section 38.430.100, or other objectives or criteria of this chapter.
The final plan must not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and
(e) The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
B. Final plan approval. The final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the review
authority may request a recommendation from the DRB, DRC, ADR staff, or other entity
regarding any part of a proposed final plan. If a final plat is part of the final plan submittal,
the review authority per section 38.200.010 is responsible for approval of the final plat.
1. Final plats associated with a PUD must comply with the requirements of sections
38.240.150 and 38.220.070.
38.440.030 Amendments to final plan.
A. Issuance of building permits and other development approvals are based on the approved
final plan and any conditions of approval. No city administrative personnel are permitted to
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issue permits for improvements which are not indicated on the approved final plan with the
exception of the following:
1. Minor changes to a planned unit development may be approved administratively and in
writing, whereupon a permit may be issued. Such changes may be authorized without
additional public notice at the discretion of the review authority. This provision does
not prohibit the review authority from requesting a recommendation from the DRB,
DRC, ADR staff or other entity.
2. Minor changes are defined as follows:
(a) Those developments that do not change the character of the development;
(b) An increase of less than five percent in the approved number of residential
dwelling units;
(c) An increase of less than five percent in the approved gross leasable floor areas of
retail, service, office and/or industrial buildings;
(d) A change in building location or placement less than 20 percent of the building
width without compromising requirements of the UDO;
(e) An increase in the number of lots less than two percent without increasing the
density by more than five percent. This is applicable only to zoning PUD plans,
not subdivision PUD plats;
(f) A final plan which does not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and/or
(g) A final plat, if applicable, which does not create any additional lots which were
not reviewed as part of the preliminary plan submittal.
B. Changes greater than minor changes must be processed as a PDZ subject to 38.430.
Sec. 38.440.040. Duration of planned unit development approval.
A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to
subdivision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan, the
applicant must file with the community development department a final plan in
detailed form covering the entirety, or one or more phases, of the development.
2. Upon application and in accordance with the standards of section 38.230.140.F, the
community development director may administratively extend the period for filing a
final plan for six-month periods. The granting of administrative extensions under this
section may, at the discretion of the community development director, be referred to
the city commission.
3. If no final plan is filed covering all or any portion of the preliminary plan within the
above time limits, the right to proceed under the preliminary plan will expire for any
portion of the preliminary plan for which a final plan has not been timely filed.
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B. Duration of final plan approval.
1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section,
a development is substantially complete once all engineering improvements (water,
sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed
and completed in accordance with city rules and regulations. Extensions for periods of
not more than one year may be administratively granted by the community
development director in accordance with the standards of section 38.230.140.F. The
granting of administrative extensions under this section may, at the discretion of the
community development director, be referred to the city commission.
2. A request for extension of final approval under this section must be submitted to the
community development director in writing by the applicant at least 30 days prior to
the date of expiration. Failure to submit a written request within the specified time
period will cause forfeiture of the right to extension of final approval. Failure to
construct the development and implement improvement requirements within the
specified time limit will cause a forfeiture of the right to proceed under the final plan
and require resubmission of all materials and re-approval of the same through the
preliminary plan procedures.
3. The timing of all extensions of final plan approval must be coordinated with the
approval period established for any subdivision plat approval that is part of the PUD so
that any expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs
described in section 38.430.070.
Sec. 38.440.050. Enforcement of approval requirements and conditions.
The failure to comply with any of the terms, conditions of approval or limitations contained
on the site plan, landscape plan, building elevations, other approved documents, or other element
pertaining to a planned unit development which has received final approval from the city may
subject the applicant or current landowner to the enforcement remedies contained in section
38.200.160.
38.440.060 Removal of property from an approved legacy planned unit development
A. A property owner may request removal of one or more parcels from a legacy PUD.
B. Such a request for removal must be in writing to the director of community development,
must clearly identify the PUD by the city's assigned application number under which the
PUD was approved, and must clearly state that the landowner is abandoning all associated
rights and privileges due to the PUD. The property owner is not relieved from participating
in ongoing maintenance of any facilities from which they benefit. The director of
community development may establish standards for the content, form, and supporting
materials to be included in a request to abandon an approval.
C. The city will review any such application pursuant to division 38.230.150 and may require
the applicant to provide assurances that any unfulfilled obligations related to construction or
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maintenance of infrastructure or amenities, provision of open spaces, preservation of access,
or other matters addressed in the PUD, will be satisfied without imposing additional costs or
burdens on properties that are to remain included in the PUD or on any organization or
entity responsible for providing or maintaining improvements or services to the properties
remaining in the PUD.
D. City must determine the abandonment of the PUD does not negatively impact public benefit
created by the PUD.
E. Removal from a PUD does not rescind other final approvals such as subdivisions or site
plans.
Section 22
That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman
Municipal Code be amended as follows with all other elements of the section to remain as
presently written:
M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non-
site-specific open space plans must meet or exceed the standards of these landscaping
regulations. For each 5,000 square feet of total landscape open space area between 5,000
and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of
25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1
from each column A and B unless the review authority grants a relaxation. When the
preceding calculation results in a fraction the amount of landscaping required is rounded up
to the next whole number.
Table 38.550.050-1
EXPAND
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
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Section 23
That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-
premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of
more than four residential lots and for residential complexes with more than four
dwellings and more than one building, one low profile, freestanding, sign per
development entrance may be permitted. No sign may exceed 16 square feet in area or
five feet in height from the finished grade. The sign must be set back at least five feet
from the property line.
2. Residential building signs. For properties used for multi-household residential, one
wall sign per street frontage may be permitted. No sign may exceed eight square feet in
area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal
residential uses and permitted home occupations; however, such signs may not be
located in any required setback area. In addition, home occupations may be
permitted a single one-square foot sign on a mailbox or lamppost or one and one-
half square feet of freestanding signage located a minimum of five feet from the
property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do
not exceed 32 square feet in total area nor five feet in height. Such signs must be
set back at least five feet from the property line.
c. Permitted non-residential type uses, such as churches, community centers,
veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special residential type uses such as homes used as bed
and breakfasts and fraternity and sorority houses may be permitted signage as if
the underlying zoning were R-O. Such signs may be illuminated only during the
hours of operation.
4. Legacy Pplanned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential may be permitted signage as
if the lot were in a B-1 zone.
Section 24
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That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
Deviation. A modification of physical standards of this chapter as applied to a specific piece of
property located within the neighborhood conservation overlay district or anywhere within the
city through a planned unit development.
Section 25
That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new
definition as follows with all other elements of the section to remain as presently written:
General Development Plan. A scale drawing(s) or other documents showing the general
location of structures, uses, rights of way, parks, natural features, and utilities, existing and
proposed, on subject property or any other information as may be required by this chapter in
association with a zone map amendment to establish a general pattern and plan of development
for the area within a planned development zone.
Section 26
That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
Planned unit development (PUD). A land development project consisting of residential clusters,
industrial parks, shopping centers, or office building parks or any combination thereof that
compose a planned mixture of land uses built in a prearranged relationship to each other. and
having open space and community facilities in a common ownership or use, and/or public
parkland.
Section 27
That 38.310.060, Supplemental use provisions for the residential emphasis mixed -use zoning
district, of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
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2. Developments are encouraged to include non-residential uses, especially commercial
and neighborhood support services, mixed horizontally and/or vertically, to promote
compact, walkable and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square
footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD,
or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited
by the provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not
be limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located
on sites five acres or larger. Development review applications for sites in the REMU
district greater than, or equal to, five acres will first be subject to review as a master
site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter,
as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved
master site plan or PUD may be reviewed as a site plan review or sketch plan review in
accordance with division 38.230 of this chapter.
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article and may be subject to review as a
master site plan per division 38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersection deemed to have special
significance;
c. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for
completion.
Section 28
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That 38.330.020, REMU district—Special standards, of the Bozeman Municipal Code be
amended as follows:
Sec. 38.330.020. REMU district—Special standards.
A. The special standards set forth in this section are minimum standards for a development
review application. Standards not specifically addressed by this section are subject to the
standards set forth in this chapter.
B. Street and circulation standards.
1. The policies and standards of the city's long-range transportation plan apply to REMU
districts. New streets within REMU districts must be complete streets that
accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage,
and work in concert with internal property accesses and adjacent development to create
a connected and vibrant public realm. REMU street standards also include the
following stipulations:
a. Natural storm drainage systems are allowed within street rights-of-way.
b. Boulevard strips and medians may incorporate natural drainage technologies.
c. Buildings must be oriented with front facades facing the street as specified in the
block frontage standards of division 38.510 of this chapter.
d. Shared drive accesses must be used to reduce the need for additional curb cuts,
when feasible.
e. On-street parking should be maximized wherever feasible.
2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented
and pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with
the following specific standards of this chapter.
a. Section 38.350.070, parking and garages (for single to four-household dwellings).
b. Section 38.400.090.C.2.a, drive access requirements—Residential.
c. Division 38.510, block frontage standards (for all development except single to
four-household dwellings)
d. Section 38.540.010.A.4, stacking of off-street parking spaces.
e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks.
f. Section 38.540.010.A.6, parking permitted in rear setbacks.
3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over
motorists, are encouraged on private drive accesses or properties in the REMU district.
Woonerfs may be permitted on public local streets or alleys through the subdivision
variance or PUD process.
4. Alleys. Alleys are encouraged, but not required, in the REMU district.
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a. Apply standards of section 38.400.060.B (street improvement standards—alleys)
where applicable.
C. Site planning and design element standards. See division 38.520 for applicable standards
for all development types, except single to four-household dwellings. See section
38.360.220 for applicable standards for single to four-household dwellings.
D. Open space standards. The REMU district is urban in nature. Public parks and recreational
areas and publicly accessible private open spaces are likewise expected to be urban in
nature. This may include elements such as plazas or other hardscaping, or landscaping with
planters and furniture. Such areas may be more concentrated in size and development than
anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types
of activities to encourage consistent human presence and activity.
1. Public parks and recreational areas. The requirements of this section must give
direction in the development of park plans and the application of the standards of
division 38.420 of this chapter.
2. Publicly accessible private open space in commercial developments. See section
38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented
open space.
3. Private residential open space. See section 38.520.060 of this chapter for the minimum
amount and design of usable residential open space.
E. Building standards.
1. See division 38.520 for applicable standards for all development types, except single to
four-household dwellings.
2. Parking structures must not have more than one two-way vehicle entrance or two one-
way vehicle entrances facing any public way. Fifty percent of a parking structure's
ground floor linear frontage along the primary street must be retail, commercial, office,
civic, residential, or live/work.
3. Building encroachments are permitted in accordance with section 38.350.050, subject
to any and all applicable International Building Codes.
4. All projects in the REMU district are exempt from the rear setback lot coverage
requirements of section 38.360.030.I.
F. Landscape and planting standards. Developments are subject to the landscaping standards
in division 38.550 of this chapter and the provisions herein. Table 38.330.020-1 lists the
minimum number of points needed for landscape plan approval for development types
within REMU districts.
Table 38.330.020-1
Special Landscape and Planting Standards
Development type Lot with residential
adjacency
Lot without
residential
adjacency
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Residential: Small-lot single-household N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Single-household N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Townhouse
2 to 4 attached units
N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Townhouse or townhouse cluster
5 or more attached units
23 23
Residential: Two to four household dwellings N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Apartments
5 or more units
23 23
Mixed use with residential 15 15
Non-residential projects 23 15
PUD 23 23
G. Lighting standards. See division 38.580 for applicable standards.
Section 29
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 30
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 31
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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 32
Codification.
This Ordinance shall be codified as appropriate in Section 2 – 28.
Section 33
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd day of August, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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____________________________________
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
138
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2105 Final Adoption, Repeal Division 38.380, Affordable Housing,
and Amend Associated Standards and Replace With a New Division 38.380
Affordable Housing Text Amendment, Application 22133
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2105.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City is replacing its existing affordable housing regulations, located in
Division 38.380 of the municipal code, to address recent state law changes.
Division 38.380 is being replaced entirely and its focus is shifting to
incentives for construction of affordable housing. . Many other sections
which are affected are being amended to match up with the new incentives
based approach and clarify related wording. See the staff report Executive
Summary and Appendix A from the August 23rd hearing, and the full text of
the Ordinance for more details. The staff report is part of the packet
materials as Item J.3 from the August 23, 2022 public hearing and the video
recording of the hearing is available through the City's website.
The City Commission previously provisionally adopted the proposed
amendments on a vote of 4-1. No amendments were made to the draft
ordinance at provisional adoption.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None identified at this time. Budgeting for support of affordable housing
occurs separately from development of regulation.
Attachments:
Ordinance 2105 38.380 Affordable Housing - Final Adoption
139
9-13-2022.pdf
Report compiled on: September 15, 2022
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Ord 2105
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ORDINANCE 2105
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING,
AMEND SECTION 38.200.010 REVIEW AUTHORITY TO ASSIGN RESPONSIBILITY
FOR AFFORDABLE HOUSING ADMINISTRATION, AMEND TABLE 38.310.030.A
PERMITTED GENERAL AND GROUND RESIDENTIAL USES IN RESIDENTIAL
ZONING DISTRICTS TO REMOVE REFERENCES TO HOUSING ALLOWED BY
38.380, AMEND TABLE 38.320.030.A MINIMUM AND MAXIMUM LOT AREA, AMEND
TABLE 38.320.030.B MINIMUM LOT WIDTH TO REMOVE REFERENCES TO
HOUSING ALLOWED BY 38.380, AMEND 38.360.060 ZONE EDGE TRANSITIONS TO
ESTABLISH TRANSITION STANDARDS FOR DEVELOPMENT USING HEIGHT
INCENTIVES CREATED IN 38.380, AMEND 38.340.040 CERTIFICATE OF
APPROPRIATENESS TO REMOVE EXCEPTIONS FOR PROJECTS SUBJECT TO
38.380, AMEND TABLE 38.360.040 ADU USE TABLE IN RESIDENTIAL ZONING
DISTRICTS TO REMOVE RESTRICTIONS AND REDUNDANT LANGUAGE, AMEND
38.360.100 CONDOMINIUMS TO REMOVE LANGUAGE NO LONGER APPLICABLE
DUE TO CHANGES TO 38.380, AMEND 38.360.120 COTTAGE HOUSING TO REMOVE
LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380 AND TO
REMOVE AFFORDABILITY REQUIREMENTS, AMEND 38.410.030.G TO REMOVE
REFERENCES TO 38.380 NO LONGER APPLICABLE, AMEND 38.420.020.A TO
REMOVE REFERENCES TO 38.380 IN PARK DEDICATION REQUIREMENTS,
AMEND 38.700.020 A DEFINITIONS TO ADD OR REVISE DEFINITIONS FOR
AFFORDABLE HOME, AFFORDABLE HOUSING, AND AREA MEDIAN INCOME,
AMEND 38.700.050 D DEFINITIONS TO ADD DEFINTION OF DEVELOPER, TO
AMEND 38.700.090 H DEFINITIONS TO REVISE THE DEFINITION OF HOUSEHOLD,
AMEND 38.700.150 S DEFINTIIONS TO ADD DEFINITION OF YIELD STREET TO
STREET TYPES.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
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WHEREAS, after proper notice, the Community Development Board acting in their capacity as the Bozeman Zoning Commission held a public hearing on August 1, 2022 to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that those element of application No. 21338 related to Ordinance 2105, be not approved; and WHEREAS, the Economic Vitality Board recommended to the Bozeman City
Commission that Ordinance 2105 be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on [DATE], to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, and found that the proposed amendments would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning.
2. The Bozeman Community Plan 2020 establishes goals to increase the supply of affordable
housing in the city. To fulfill these goals, the community plan establishes numerous
objectives to promote housing affordability and diversity through increased supply of
certain types of housing.
3. The city commission identifies affordable housing as one of its main strategic goals:
“Housing and Transportation Choices - Vigorously encourage, through a wide variety of
actions, the development of sustainable and lasting housing options for under-served
individuals and families and improve mobility options that accommodate all travel modes.”
4. The Community Housing Needs Assessment (February 2019) was completed to help the
city identify, understand and address the housing challenges and problems faced by local
residents and employees in the city.
5. The Bozeman Community Housing Action Plan was approved by city commission on
November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a
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Ordinance No. 2105, Affordable Housing Ordinance
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partnership framework to address affordable housing (also called community housing) in
Bozeman over a five-year period and recommends edits to this chapter.
6. The city’s first inclusionary zoning policy was adopted in 2007. In April, 2021, the
Montana State Legislature adopted House Bill 259, which prohibits local governments
from requiring housing fees or the dedication of real property for the purposes of providing
housing for specified income levels or sale prices and which prohibits zoning regulations
that require housing fees or the dedication of real property for the purposes of providing
housing for specified income levels or sale prices.
7. Following the passage of House Bill 259, the city commission desires to replace the city’s
current Affordable Housing Ordinance with this ordinance, which does not require any of
the actions prohibited by House Bill 259, but instead offers incentives to property owners
and developers willing to construct housing at levels of affordability consistent with the
housing needs and goals identified in the community plan, the community housing needs
assessment, and the community housing action plan.
8. Limited housing opportunities within the city negatively impacts economic development,
transportation networks, and sustainability. Affordable housing needs must be addressed
to maintain a sufficient resident workforce in all fields of employment, and to ensure the
public safety and general welfare of the residents of the city, affordable housing needs must
be addressed.
9. The incentives codified in this ordinance will advance the city's legitimate interest in
assuring that additional housing is built in the city.
10. This ordinance is adopted pursuant to the city's self-governing powers, the city’s zoning
authority, and the police power to protect public health, safety, and general welfare.
11. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA.
12. Zoning, including amendments to the text, must be in accordance with an adopted growth
policy.
13. House Bill 259 being passed into law by the 2021 Montana Legislature, the City must
revise its regulations to conform to revised authority for zoning and subdivision.
14. A staff report analyzing the required criteria for a text amendment, including accordance
to the Bozeman Community Plan 2020, found that the required criteria are satisfied and
the criteria for consideration have been evaluated and after balancing community and legal
priorities the benefits of Ordinance 2105 outweigh the disadvantages.
15. The two required public hearings were advertised as required in state law and municipal
code and all persons had the opportunity to review the materials applicable to the
application and provide comment prior to a decision.
16. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing and transmitted their recommendation to the City
Commission prior to the City Commission consideration of the ordinance.
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17. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior
to the City Commission acting on the application.
18. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
Section 2
That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows with
all other elements to remain as presently adopted:
H. The director of economic development must oversee, review, and as needed approve, approve
with conditions or deny, and manage after approval the following development elements and processes:
1. Division 38.380 Affordable Housing.
I H. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
J H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.
K I. Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter.
Section 3
That Table 38.310.030.A. Permitted general and group residential uses in residential
zoning districts is amended as follows:
Table 38.310.030.A Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
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Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling
units* - attached or
detached (38.360.040)
P P P P P P P —
Accessory dwelling
units* - detached
(38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited4 3
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household
dwelling or four-
household dwelling
(38.360.220)
— — — P P P P —
Townhouses* &
rowhouses* (two
P2 — P2 — P P P P P P3 —
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Ordinance No. 2105, Affordable Housing Ordinance
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attached
units)(38.360.250)
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P3 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article.
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2 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
3 4. Supplemental use criteria for apartment building, limited are in section 38.360.070.
Section 4
That Table 38.320.030.A. be amended as follows:
Table 38.320.030.A Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject
to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding
number immediately following the table. If there are multiple numbers, then all development
conditions apply.
Use
Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum lot area in a lot per dwelling (square feet)1(38.320.030.A)
Single-
household
dwelling
4,0001 4,0001 4,0001 4,0001 4,0001 3,0001 4,0001 3,0001
Single-
household
dwelling (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
Two-household
dwellings
— — 2,5001 2,5001 2,5001 2,500 3,000 —
Two household
dwellings (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — 2,500 2,500 2,500 2,500 2,500 —
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Lot area per
dwelling in
three- or four-
household
dwelling
configurations
— — — 3,000 3,000 None 3,000 —
Lot area per
dwelling in
three- or four-
household
dwelling
configurations
(only for
dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — — 2,500 2,500 None 2,500 —
Townhouses &
rowhouses per
dwelling
— — 3,0002 3,00032 3,00032 None 3,00032 —
Townhouses &
rowhouses (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
2,5003 2,5003 2,5003 2,5003 2,5003 None 2,5003 2,500
Apartments –
First Dwelling
— — — — 3,000 None 3,000 —
Apartments –
Each dwelling
after the first
— — — — 1,200 None 1,200 —
Apartments and
Apartment
Building,
Limited—First
dwelling
— — — — 5,000 None 5,000 —
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Apartments and
Apartment
Building,
Limited —Each
dwelling after
the first
— — — — 1,200 None 1,200 —
Apartment
Building,
Limited—Each
dwelling
— — — 3,000 — — — —
Apartments—
Each dwelling
after the first
(only for
dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — — — 900 None 900 —
Additional area
required for an
accessory
dwelling unit
1,000 4 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001
Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.53 5 2.53 5 2.53 5 2.53 5 —
Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the
required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot.
2. Per townhouse lot or rowhouse dwelling.
2 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
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35. Departures from the maximum lot size requirements may be allowed where the
planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.
Section 5
That Table 38.320.030.B, be amended as follows:
Table 38.320.030.B
Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject
to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding
number immediately following the table. If there are multiple numbers, then all development
conditions apply.
Use
Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-
household
dwelling
50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401
Single-
household
dwelling (only
for dwellings to
satisfy
requirements of
division 38.380
of this chapter)
30 30 30 30 30 30 30 30
Two household
dwelling
— — 60/501 60/401 50/401 50/401 50/501 —
Accessory
dwelling unit3
50 40 40 40 40 None4 40 —
Accessory
dwelling unit3 on
lots with
Townhouses
30 30 30 Width
of
interior
units2
Width
of
interior
units2
Width
of
interior
units2
Width
of
interior
units2
—
Dwellings in
three- or four-
- - — 60 60 None2,4 60 —
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household
dwelling
configurations
Townhouses 30 30 30 Width
of
interior
units,2
Width
of
interior
units,2
Width
of
interior
units,2
Width
of
interior
units,2
—
All other uses 50 50 50 50 50 None2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize
compliance with standards for legal and physical access, street trees, on-street parking,
garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter
relating to accessory buildings. Lot area and width must be provided as if the dwelling
were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards.
Section 6 That 38.320.060, Zone edge transitions, be amended as follows:
Sec. 38.320.060. Zone edge transitions.
A. Intent. To provide measures that help to provide a compatible transition between certain higher and lower intensity zoning districts.
B. Zone edge transition standards. The following standards are intended to supersede other
form and intensity standards in this division.
1. Setback adjustments.
a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and streets.
b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: five feet. No additional setbacks are required adjacent to alleys and streets
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2. Height/setback adjustments.
a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the RS, R-1, or R-2 district. From a height of 38 feet at a ten foot setback from the property line adjacent to from the applicable residential districts,
buildings must step back at a 45 degree angle away from the applicable property
line as shown in figure 38.320.060. No such 45 degree angle setback is required if separated by a street.
b. For development on sites in the B-3 district that border R-3 and R-4 districts. From a height of 38 feet at a five foot setback from the property line adjacent to
from the applicable residential districts, buildings must step back at a 45 degree
angle away from the applicable property line.
c. For buildings located at the edge of a zoning district and which use the height incentives of 38.380.030. At the required setback from property line for the district in which the site is located; and from the maximum building height
allowed in the district without the height incentive; buildings must step back at a
45 degree angle away from property lines. This requirement does not apply to interior common walls within the same development, such as between townhomes.
d. Permitted 45 degree angle step back encroachments in a-c of this paragraph:
(1) Permitted horizontal encroachments include those elements and standards set
forth in section 38.350.050.A.
(2) Permitted vertical encroachments include those elements and standards set forth in section 38.350.050.D.
Section 7 That 38.340.040. Certificate of appropriateness, be amended as follows:
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review
authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows:
1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site
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which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations,
street vision triangle, finished side out, etc. per section 38.350.060) which
are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is
present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge
of the exterior walls, which meet the setback requirements, are not more than
14 feet to their highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in
section 38.340.080 apply.
3. The architectural designs of individual affordable housing units used to satisfy the requirements of section 38.380.030 and are exempt from the review requirements of this part 1. This exemption does not extend to removal or alterations of existing structures.
Section 8 That Table 38.360.040. ADU use table in residential zoning districts, of the Bozeman
Municipal Code be amended as follows:
Table 38.360.040
ADU use table in residential zoning districts
Table clarification:
1. Uses: P = Principal; S = Special uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
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3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 RMH REMU
Detached
ADU2 & 3
P P P P P P — P
Attached
ADU2, 3 & 4
P P P P P P — P
Owner
occupied
Yes1
Not
required
Yes1
Not
required
Not
required
Not
required
Not
required
Not
required
— Not
required
The following ADU standards and 38.320.070 apply to all zoning districts:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADU's are permitted above accessory buildings and on the
ground floor. Ground floor ADUs require alley access or
pedestrian connection to a sidewalk or the adjacent right-of-
way.
Parking requirement ADUs are not subject to minimum parking requirements. If
parking is provided it must conform to all applicable
standards.
Unit size In no case may an ADU be larger than 600 square feet or have
more than a single bedroom. The method of calculating the
maximum ADU square footage will be "living area" defined
as "all floor area exclusive of areas with a sloped ceiling less
than three feet in height, stairwells, and exterior decks."
Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space must
be included in the maximum square footage calculation.
Design requirements Detached ADUs, including second story additions on
detached garages may be approved only if found compatible
and consistent with the existing character and fabric of the
neighborhood. The review authority must consider placement
and size of windows, decks, balconies, fencing, landscape
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screening, and height and massing of the structure to
minimize impacts to adjacent properties.
Height limit Notwithstanding the limitations in section 38.360.030.G, a
detached ADU may exceed the height of the principal
building but may not exceed 22 feet in height.
Garage conversions Garages may not be converted for use as ADUs unless all
required parking for all uses on the lot is otherwise provided
prior to conversion. However, ADUs may be placed above
garages except where otherwise noted.
Minimum standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has
been configured to accept an ADU with adequate lot area,
utility services, and compliance with setbacks and height
standards.
Notes:
1. R-S and R-1 occupancy. At least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site as their primary residence. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may
require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval.
2. Any ADU created within an accessory building is subject to the limitations of 38.360.030.
3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380.
4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria:
a. Lot area per Table 38.320.030 is provided.
b. The ADU does not exceed one-third of the total area of the principal structure.
c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry.
Section 9 That 38.360.100, Condominiums, of the Bozeman Municipal Code be amended as
follows:
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Sec. 38.360.100. Condominiums.
A. Unit ownership act. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act.
B. Condominium association. A condominium association must be established for each
condominium development. The developer must prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and approval prior to the granting of plan approval or approval for condominiumization of existing development.
C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020.
D. Condominiums may be subject to chapter 38, division 380.
Section 10 That 38.360.120.A of the Bozeman Municipal Code be amended as follows:
A. Purpose and intent.
1. The purpose of this section is to achieve the goals and objectives of the land use and
housing chapters of Bozeman's growth policy and the goals of the Inclusionary
Housing Ordinance, division 38.380 Affordable Housing. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy.
2. Cottage housing development regulations are designed to:
a. Provide opportunities for creative, diverse and high quality infill and greenfield development compatible with existing neighborhoods;
b. Support development of diverse housing in accordance with the growth policy;
c. Increase the variety of housing types available within the community;
d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and
e. Provide opportunities for small, detached cottages within existing neighborhoods.
Section 11 That 38.360.120.C of the Bozeman Municipal Code be deleted and the remainder of the
section renumbered.
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C. Affordable housing applicability. The requirements of division 38.380, unless specifically
modified in this article, apply to all cottage housing subdivisions regardless of the number
of cottages proposed to be included in the development. Notwithstanding the provisions of
division 38.380, a cottage housing subdivision must provide at least one lower-priced home,
or three moderate-priced homes. A cottage housing subdivision may have more affordable
homes than the required minimum.
Section 12
Division 38.380. - Affordable Housing is repealed in its entirety and replaced to read as
follows:
Division 38.380 Affordable Housing
38.380.10 Purpose
A. The purpose of this division is to promote the public health, safety, and welfare by
incentivizing increased production of affordable rental and for sale housing to meet the needs
of city residents and the goals of the adopted growth policy and the community housing action
plan.
B. In addition, the purpose of this division is to offer incentives tailored to the levels of housing
affordability in new development and redevelopment, with greater incentives being offered
to those producing or preserving housing affordable to households earning lower percentages
of the Bozeman Area Median Income (AMI).
C. In addition, this division alleviates the reduction in the land supply available to accommodate
future affordable housing development that would result if most or all of the available
residential land is used solely for the benefit of households that are able to afford market-rate
housing.
38.380.020 Applicability
A. Generally. The following types of development are eligible to use the incentives described in
this division. Affordable home incentives, described in section 38.380.030, may be approved
in conjunction with an annexation, subdivision, or site plan that:
1. Contains or will contain dwellings; and
2. That commits to providing at least the minimum percentages of dwellings in the
development at rental rates or sales prices affordable at no more than the maximum
percentages of AMI established in Table 38.380.020-1 or Table 38.380.020-2 and
consistent with all requirements of 38.380.
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Table 38.380.020-1
Affordable Homes Required for Deep Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental Dwellings For-Sale
Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>50% 80% of AMI 120% or AMI =>30 years
Table 38.380.020-2
Affordable Homes Required Shallow Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental Dwellings For-Sale
Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>5% 80% of AMI 120% or AMI =>30 years
B. The City and a landowner may agree by contract to future development on a property
producing the housing identified above in exchange for the incentives in this division.
C. Previously Approved Development
1. A previously annexed but undeveloped parcel of land, subdivision, or site plan that has
received final approval before the effective date of this division, and that has not
previously received an incentive in return for commitments to include affordable housing
in the development, may apply for affordability incentives listed in section 38.380.030.
The property owner or applicant for the previously undeveloped parcel must make a
written commitment to meet the affordability standards for rental rates or sales prices in
this section consistent with 38.380.040. The affordable housing plan must be submitted
and approved prior to use of any incentive.
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2. Only that portion of the amended preliminary plat or site plan, including associated code
standards and conditions of approval, pertaining to the request for approval of one or
more procedural adjustments and subsidies will be subject to additional preliminary plat
or site plan review.
D. Assumptions and Calculations
1. All references to AMI are to the most recent Area Median Income established by the U.S
Department of Housing and Urban Development (HUD). As HUD publishes updated
AMI values they are immediately effective without further action by the City. The city
may establish administrative procedures for application and implementation of AMI in
calculating dwelling costs in accordance with 38.380.070.
2. To determine the maximum sales prices of affordable homes with different numbers of
bedrooms, the city will base its calculation on AMIs for households of different sizes, as
follows, with the review authority determining which rooms qualify as bedrooms:
a. Studio dwelling: AMI for a one-person household;
b. One bedroom dwelling: AMI for a two-person household;
c. Two bedroom dwelling: AMI for a three-person household; and
d. Three bedroom unit or larger: AMI for a four-person household.
3. If the calculation of the required number of affordable homes results in a fraction of a
home, fractions equal to or less than 0.5 shall be ignored, and fractions greater than 0.5
shall be rounded up to require the construction of one affordable home, which may be a
studio unit.
38.380.030 Incentives Available. Applications for development of affordable homes that
comply with the requirements of this division qualify for and must be awarded the incentives
applicable to the type and tenancy of affordable housing being provided and requested by the
developer.
A. Incentives may be applied to:
1. Dwellings in single use residential or mixed-use residential/nonresidential
development.
2. If a single building contains a mix of residential and nonresidential primary uses, these
incentives are only available if 50 percent or more of the gross floor area of the building
contains residential uses.
The incentives below supersede the standards otherwise applicable in this chapter. The city retains
the authority to approve, approve with conditions, or deny the project as a whole based on
compliance with other portions of this title or other city regulations, but shall not attach conditions
to an approval that have the effect of removing the incentives awarded in this section.
B. Incentives for Table 38.380.020-1 Deep Incentives. If the developer proposes to construct
affordable homes that meet the standards in Table 38.380.020-1 in the same geographically
contiguous development as market rate homes, the developer may apply the following
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incentives to all primary buildings in the development in which 50 percent or more of the
gross floor area contains residential uses:
1. For single-household detached dwellings:
a. Minimum lot size of 2,000 square feet; or 1,600 square feet if the applicant
demonstrates that all applicable city regulations related to lot development, access
and utilities can be met.
b. No minimum lot width requirement above that necessary for access and utilities if
the applicant demonstrates that all applicable city regulations related to lot
development, access and utilities can be met.
c. Off-street parking requirement of one space per dwelling.
e. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed.
2. For single-household attached dwellings (townhouses and rowhouses):
a. Minimum lot size of 1,600 square feet; or 1,400 square feet if the applicant
demonstrates that all applicable city regulations related to lot development, access
and utilities can be met.
b. No minimum lot width requirement if the applicant demonstrates that all applicable
city regulations related to lot development, access and utilities can be met.
c. Off-street parking reduction to one space per dwelling.
d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed.
3. For multi-household dwellings and mixed-use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that allowed in
the RS, R-1, R-2, R-3, or RMH zoning districts.
b. Two additional stories of height (maximum 15 feet per story) beyond that allowed
in the R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
b. Four additional stories of height (maximum 15 feet per story) beyond that allowed
in the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
c. No minimum onsite vehicle parking requirement, but bicycle parking standards and
requirements of 38.540.050 still apply.
d. Townhouses* & rowhouses* (two attached units) in the R-1, RS, and RMH zoning
districts.
e. Exemption from each of the following for buildings containing dwellings, unless
an alternative standard is provided in this division:
i. Minimum lot size, lot area per dwelling units, and lot width requirement in all
zoning districts.
ii. Section 38.510.030.E-J block frontage standards, provided that vehicle
parking is prohibited between the front or side of a principal building and a
public or private street;
iii. Section 38.530.040.E maximum façade width standards;
iv. Section 38.530.040.F roofline modulation standards
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v. Section 38.530.050 building detail standards; and
vi. Section 38.530.060 building material standards.
f. Concurrent construction of infrastructure and housing per 38.270.030.
4. Developments subject to 38.380 may use yield streets without requirement for
additional zoning review requirements beyond that for the development within which
the yield street will be used. A yield street has the following characteristics:
a. 40-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield
zone for motor vehicles and 5-foot walkways outside on either side.
b. Staggered 7-foot wide parallel parking spaces which may include chicane style
streetscape for varying width of paved area.
c. No parking in front of private property that blocks access to property adjacent to
the street.
d. Passing areas every 100 feet minimum for sight line assurance and yielding
capabilities. Passing pullout areas to be not less than 25 feet long. Driveway
accesses may serve as passing areas.
e. Snow management plan, including enforcement provisions, must be provided
during initial development review.
1) No snow storage in passing areas;
2) Adequate storage areas or removal methods must be provided to address two
25 year storms.
f. Stormwater must be managed within the right of way unless an alternate method
compliant with municipal standards is provided.
g. A comprehensive street signage plan must be included with initial submittal and
executed with infrastructure plans and construction including but advisory signage
for yielding to pedestrians/bikes/PTDs and other vehicle travelers..
h. The proposed design must be consistent with accessibility requirements
established by any governmental agency.
i. Design shall address inclusion of any proposed street furnishings, amenities,
plantings, etc.
j. Yield streets are exempt from the requirements of 38.550.070 for installation of
street trees adjacent to individual lots.
k. The City may limit speeds to less than standard for a local street.
l. Maintenance – Must be maintained by landowners in the development unless the
City explicitly assumes responsibility. A funding mechanism equal to that for
private streets in 38.400.020 is required for private maintenance.
m. Length may not exceed 400 feet without intersecting with a street. Ends must
terminate at a street or be provided a fire code compliant turn around. A total
length may exceed 400 feet if there are crossing streets with a yield street.
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n. Adjacent buildings must not exceed three stories unless setup space for fire
department ladder trucks is provided adequate to access all buildings in excess of
three stories.
C. Incentives for Table 38.380.020-2 Shallow Incentives. If the developer proposes to construct
affordable homes that meet the standards in Table 38.380.020-2 in the same geographically
contiguous development as market rate homes, the developer may apply the following
incentives to all primary buildings in the development in which 50 percent or more of the
gross floor area contains residential uses:
1. For each single-household detached dwelling a minimum lot size of 3,000 square feet,
or 2,500 square feet, if the applicant demonstrates that all applicable city regulations
related to lot development, access and utilities can be met.
2. For each single-household attached dwelling (townhouse or rowhouse) a minimum lot
size of 2,200 square feet, or 1,800 square feet, if the applicant demonstrates that all
applicable city regulations related to lot development, access and utilities can be met.
3. For multi-household dwellings and mixed-use buildings:
a. Ten percent reduction in lot area for applicable dwelling type in Table
38.320.030.A.
b. One additional story of height (maximum 15 feet per story) beyond that allowed in
the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
c. Two additional stories of height (maximum 15 feet per story) beyond that allowed
in the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
d. Minimum vehicle parking requirement of one stall per dwelling for all districts
other than B-3 and bicycle parking standards and requirements of 38.540.050 still
apply.
e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district;
bicycle parking standards and requirements of 38.540.050 still apply.
e. Townhouses & rowhouses (two attached units) are principal uses in the R-1, RS,
and RMH zoning districts.
38.380.40 Affordable Housing Plan Required
A. To qualify for low income affordable home incentives, the developer must submit to the City
an affordable housing plan that includes the information and complies with the standards in
this section:
1. Information Required
a. The total number of affordable homes, and market rate homes in the proposed
development;
b. The table in 38.380.020 to be applied to the affordable housing plan.
c. The number of bedrooms in each proposed low income affordable home, and
market rate home in the development.
d. Whether each affordable home will be offered for rental or for sale;
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e. The location of affordable lots or units in the development;
f. The applicable AMI and maximum rental or sales price applicable to each low
income affordable home;
g. A description of the requested incentives from section 38.380.040.
h. Any other information that is reasonably necessary to evaluate the compliance of
the affordable housing plan with the requirements of this division, as determined
by the review authority.
i. If the development is to be constructed in phases:
1) The required information may include specific commitments for the first phase
of development and estimates for later phases of development, provided the
combination of committed and estimated low income affordable homes in the
development equals or exceeds the minimum required to qualify for the
incentives requested.
2) As the number of low income affordable homes for each later phase is
finalized, the developer must submit an update to the affordable housing plan
including or updating the information required in this section. The review
authority shall review and approve, approve with conditions, or deny the
update using the criteria in this section.
2. Development Standards for Affordable Homes
a. The number of affordable homes must meet or exceed the minimum standards
needed to qualify for the applicable incentive in section 38.380.030.
b. The mix of bedrooms per unit in affordable homes must be as similar as possible to
the mix of bedrooms per unit of the market-rate homes in the development.
c. Access to shared amenities and services by residents of the affordable homes must
be the same as to those in market rate homes in the development.
d. If the development is to be constructed in phases, and the developer has requested
affordable housing incentives, at least 75 percent of the dwelling units in each phase
must be affordable homes, unless the city has received adequate legal or financial
assurance that any shortfall during earlier phases will be constructed before
approval of the final phase of development.
B. The review authority may approve the affordable housing plan if the review authority finds
that it includes the information required for the city to confirm compliance with the standards
and criteria in this division, including but not limited to the standards in Section
38.380.030.A, and any administrative procedures related to this division adopted pursuant to
section 38.380.070.
C. No annexation, preliminary subdivision, or site plan that contains any residential dwelling
units and that requests affordable housing incentives may receive final approval until the
affordable housing plan has been approved by the review authority.
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D. After approval by the review authority, the affordable housing plan must be incorporated by
reference in the recorded annexation, final subdivision plat, or site plan documents.
E. An approved affordable housing plan is a binding contract between the developer and the
developer's successors in interest to the lot or dwelling, and must be included in a separate
recorded written agreement between the developer and the city, or incorporated into another
recorded document in which the developer is required to implement the affordable housing
plan.
38.380.50 Land Donation Alternative
A. As an alternative to constructing some or all of the affordable homes required by section
38.380.020, the developer may qualify for the incentives listed in section 38.380.040 by
donating one or more parcels of land within the city limits. The land donation must meet the
standards in this section and be approved by the director as providing equal or greater
affordable housing benefit to the city.
B. The developer may donate undeveloped parcels of land or ready-to-build house lots, provided
the land is subject to a document recorded in the records of the Gallatin County Clerk and
Recorder requiring the land be used only for the construction of affordable homes;
C. The value of the land donated must equal or exceed the remaining cost of designing, obtaining
land use and building approvals for, installing or upgrading infrastructure for, and
constructing the number of affordable homes the annexer, subdivider, or developer would
otherwise be required to provide in return for the requested incentives listed in subsection
38.380.030, as established by an independent valuation and economic study commissioned
by and acceptable to the city and paid for by the developer.
38.380.60 Qualification of Renters and Buyers
A. Developer must provide to the city written assurance acceptable to the city that each renter or
purchaser of an affordable home must meet the following standards for a period of at least 30
years from initial occupancy of the home.
B. Each renter or purchaser of an affordable home:
1. Must occupy the affordable home as their primary residence, as determined by the
review authority;
2. Must meet the definition of a Household in section 38.700.090;
3. Must comply with the income restrictions applicable to that type of home and tenancy
according to 38.380.020:
a. Income verification for rental units must be performed every two years, and income
verification for owner occupied units must be performed at the time of purchase,
based on standards and methods approved by the U.S. Department of Housing and
Urban Development.
b. If the project is subject to income restrictions different from those in section
38.380.020 as a condition of participation in a state or federal housing program or
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receipt of state or federal financial assistance, the renter or purchaser must comply
with those alternative income restrictions, as verified by standards and methods
used by the applicable state or federal program.
4. Must not, if the Affordable Home is purchased, sell the home for a price higher than the
original sales price of the home plus a compounded increase of 2.5% for each year the
purchaser owns the home.
C. The developer may satisfy the requirements of this section by contracting with a third party
to monitor and enforce the conditions in this section through a written agreement approved
as to form by the City Attorney. The developer may change the third party contractor with
written approval by the City.
D. The developer, or the city or its agent if the city is involved in the rental or sale of an
affordable home, must record in the offices of the Gallatin County Clerk and Recorder,
simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of
trust or other legal instrument, approved as to form by the City Attorney, that obligates all
owners or renters of the property to comply with the provisions of this section.
38.380.70 Administration
A. The review authority shall have authority to promulgate and enforce all reasonable rules and
regulations and take all actions necessary to the effective operation and enforcement of this
division, unless such authority is expressly reserved to the city commission or another city
official, including but not limited to:
1. Reviewing affordable housing plans for compliance with this division;
2. Adopting application, monitoring, and reporting forms, and other forms and information
required from developers for implementation of this division;
3. Monitoring compliance with this division, notifying the subdivider or developer of
noncompliance, and ordering compliance;
4. Imposing any and all sanctions permitted by this division; and
5. Calculating and making available through the city website or otherwise the AMI needed
to qualify for the various incentives listed in this division, and updating that information
as needed to reflect any adjustments approved by the city commission.
6. Adopting standards and policies to qualify eligible purchasers and renters for Affordable
Homes created under this division.
B. The city may publish administrative rules and instructions consistent with and necessary for
the implementation of this division, including but not limited to instructions for completing
the affordable housing plan, valuations required by this division, and the distribution of the
required number of affordable homes and bedrooms within a project requesting the incentives
in this division.
C. The review authority may create standards for documentation the city will use to verify the
rental rates or sale prices of affordable homes created pursuant to this division. For the initial
sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form
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prepared by an attorney or title company indicating the sale price. The final sale price on the
HUD-1 form may not exceed the maximum price for a specific affordable home as described
in section 38.380.030, plus an allowed maximum established by rule as authorized in this
section in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In
addition, the city shall require certification satisfactory to the city of homebuyer income
qualification.
D. Upon receipt of a settlement statement for the sale of an affordable home, the city will
determine if the completed affordable home sale complies with the approved affordable
housing plan and the requirements of this division and if not, will notify the seller of the
noncompliance.
38.380.80 Noncompliance and Sanctions
A. If the city determines that a developer has failed to comply with any terms or conditions of
the affordable housing plan or this division, the review authority shall notify the developer of
the noncompliance in writing and order compliance by the most reasonable and expeditious
means as determined by the city. Notification shall describe the date by which the developer
must be in full compliance and shall describe the nature of the noncompliance and the possible
sanctions for noncompliance.
B. A developer that sells an affordable home for a price not in compliance with the approved
affordable housing plan, this division, or any other recorded document obligating the
developer to comply with this division shall pay a penalty to the city. The penalty shall be
equal to 125 percent of the difference between the actual sale price and the maximum sale
price of the affordable home as set out in the approved affordable housing plan.
C. In addition to other remedies available to the city pursuant to this division, if the developer
remains in noncompliance on the date by which compliance was required, the city shall have
the authority to impose one or more sanctions, including but not limited to the following, that
the city deems most effective and appropriate considering the nature of the noncompliance:
1. Withholding or revoking building permits;
2. Issuing stop-work orders; and/or
3. Withholding or revoking certificates of occupancy.
Section 13 That 38.410.030.G, of the Bozeman Municipal Code be amended as follows:
G. Depth. Except for individual lots for individual townhomes; lots used to meet the
requirements of chapter 38, division 38.380; lots serviced by an alley; or when necessitated
by physical features of the land, no lot may have an average depth greater than three times
its average width.
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Section 14 That 38.420.020.A of the Bozeman Municipal Code be amended as follows:
A. The area required by this subsection must be provided as a land dedication unless an alternate method of compliance is approved by the review authority.
1. When the net residential density of development is known, 0.03 acre per dwelling unit of land must be provided.
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority.
b. If net residential density is in excess of eight dwellings per acre, the requirement
for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu.
c. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident must be provided.
d. Land dedication or its equivalent must not be required for any dwelling units or group quarters occupancy in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the maximum
net residential density must be ten dwelling units or 22.5 persons in group quarters
per acre.
(2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the
maximum net residential density must be 12 dwelling units or 27 persons in group
quarters per acre.
(3) For development within other zoning districts not previously specified and
developed for residential uses, the maximum net residential density must be 12
dwelling units or 27 persons in group quarters per acre.
2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be provided as follows:
a. For initial subdivision or other development:
(1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for
six dwelling units or 13.5 persons in group quarters per net acre.
(2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential
uses the R-O zoning districts: an area equal to that required for eight dwelling units
or 13.5 persons in group quarters per net acre.
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(3) Within other zoning districts which are intended for residential development: the
equivalent to an area dedication for six dwelling units or 13.5 persons in group
quarters per net acre must be provided as cash-in-lieu.
b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must be
rounded to the nearest whole number and applied as shown in the following table.
All prior provision of parkland for the project site must count towards the maximum required dedication.
Table 38.420.020.A Parkland Dedication Provisions
Zoning District Required
Dedication per
Dwelling
Maximum Required
Dedication per Acre
Cash-in-Lieu
Required
R-1, R-2, R-MH .03 acres or
equivalent
10 dwellings Yes
R-3, R-4, R-5, R-O,
and REMU
.03 acres or
equivalent
12 dwellings Yes
All other districts .03 acres or
equivalent
12 dwellings Yes
Required area per
person
Maximum required
dedication per net
acre
Group quarters 575 square feet or
equivalent
27 persons Yes
3. Special case. The city has established chapter 38, division 380, to encourage the
provision and development of affordable housing. Reductions in required parkland dedication are established in section 38.380.300. The reductions in parkland dedication to conform to division 38.380, may not reduce the development's parkland requirements below the minimum established by MCA 76-3-621.
Section 15 That 38.540.050.A.1 of the Bozeman Municipal Code be amended as follows:
A. The following minimum number of off-street, paved parking spaces for motor vehicles and
bicycles must be provided and maintained by ownership, easement and/or lease for and
during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided.
1. Residential uses.
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a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law may be provided from the minimum number of required parking
stalls. All site plans submitted for permit purposes must identify parking space
allocations. Fees may be charged by the landowner for the use of required parking spaces.
(1) For projects submitted through a site plan or special use permit review process, one One parking space for each 24 uninterrupted linear feet of
available street frontage usable for on-street parking directly adjacent to a lot
may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated may not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances may not be considered to
be available for the purpose of on-street parking space.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom or more 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential
facilities
0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident1
Transitional and emergency housing 0.25 spaces per person of approved capacity1,
2 Additional services and facilities to serve
non-residents must provide parking in
accordance with Table 38.540.050-3.
1 A transitional and emergency housing facility, group home, group living, cooperative
household, or community residential facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may
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operate motor vehicles, then the additional required parking must be provided before the change in use may occur.
2 Additional services and facilities to serve non-residents must provide parking in accordance with this Table 38.540.050-3.
b. Adjustments to minimum requirements.
(1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 30 years and the use as affordable housing is subject to long term
monitoring to ensure compliance and continued use as affordable housing,
required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5two spaces per unit.
(2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the non-residential parking spaces upon which the
use of this section was based must be ensured to the residents of the project.
For the purpose of this section a building is considered mixed-use if the non-residential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject
to occupancy time limits. The use of this section does not preclude the use of
other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2.
Table 38.540.050-2
Reduction
Allowed
Ratio of Required Non-residential to Required Residential
Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(3) A car-sharing agreement meeting the criteria established by the community
development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required
residential parking.
(4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter
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installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week.
Section 16 That 38.700.020, A definitions, of the Bozeman Municipal Code be amended to include
terms as follows with all other elements remaining as presently written:
Affordable Home. A residential dwelling unit for rent or purchase that a subdivider or developer
has committed to making affordable as an affordable home at the AMI levels to qualify for the
incentives in 38.380.
Affordable housing. Housing for persons earning less than 65 percent of the area's annual median
income for rental housing and 100 percent of the area's annual median income for purchased
housing. Further, aAffordable housing does not require greater than 33 percent of the household
gross annual median income for housing. Annual median income is defined by the Department
of Housing and Urban Development.
Section 17 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended to include
terms as follows:
Developer. For purposes of division 38.380, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, annexation, zoning, or permit reviews by the city, or (b) is the owner of property subject to this division during the development phase or a
successor in title, such as a builder or subsequent property owner, obligated to implement the
affordable housing plan with respect to one or more lots or parcels of land or (c) receives incentives for the production of low income affordable housing.
Section 18 That 38.700.090, H Definitions, of the Bozeman Municipal Code be amended as follows
with all other elements to remain as presently written:
Household.
A. A person living alone, or any of the following groups living together as a single
nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating
facilities:
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1. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Any group of persons authorized by the federal fair housing act to occupy an
individual dwelling as a single housekeeping unit.
5. Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090.
6 5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature;
c. Any group of individuals who are in a group living arrangement as a result of
criminal offenses; or
d. Any group of individuals living in a structure permitted as transitional or emergency housing pursuant to this chapter.
Section 19 That 38.700.170, S Definitions, of the Bozeman Municipal Code be amended as follows
with all other elements to remain as presently written:
Street types. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut and
are served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis on a
high level of mobility for through movement and the secondary function of providing
limited access to adjacent land. Arterial streets are generally designated in the city
transportation plan, however, streets not depicted in the city transportation plan may be
designated as arterials by the review authority specified in section 38.200.010.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical
loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving
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the urban area, as well as most through traffic bypassing the central business district,
utilize principal arterials. Significant intra-area travel, such as between central business
districts and outlying residential areas, and between major suburban centers, are served
by major arterials.
b. Minor arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel
mobility than principal arterials, and it distributes travel to smaller geographic areas.
With an emphasis on traffic mobility, this street network includes all arterials not
classified as principal arterials while providing access to adjacent lands. Minor arterials
typically carry 5,000 to 15,000 vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This type of roadway differs from those
of the arterial system in that the facilities on the collector system may traverse residential
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods,
channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per
day. Collector streets are typically designated in the city transportation plan, however,
additional streets may be designated as collectors by the review authority specified in
section 38.200.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a
turnaround area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. Half-street. A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
7. Local streets. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry
in excess of 6,000.
8. Loop. A local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
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9. Yield Street. A local street with reduced right of way and unique design features to address
close proximity of motor vehicle and other forms of travel.
Section 20
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 21
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. Nothing in this
Ordinance negates or absolves any obligation or requirement imposed on any person by any
previous version of the Bozeman Municipal Code regarding affordable housing, which remain in
full force and effect. All other provisions of the Bozeman Municipal Code not amended by this
Ordinance shall remain in full force and effect.
Section 22
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 23
Codification. This Ordinance shall be codified as appropriate in Sections 2 – 19.
Section 24
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Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
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:
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Ordinance No. 2105, Affordable Housing Ordinance
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_________________________________
GREG SULLIVAN
City Attorney
176
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2125 Final Adoption, Heritage Christian School Annexation Zone
Map Amendment to Establish an Initial Municipal Zoning of R3, Residential
Medium Density District, On 13.58 Acres at 4310 Durston Road, Application
22170
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2125
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City Commission conducted a public hearing on August 16, 2022 to
consider this application. The requested zoning was approved on a vote of 4-
1. The applicant has satisfied all contingencies of approval. An ordinance is
required to complete the zoning process.
The application and staff report from the original public hearing are available
from the City Commission packet for August 16th. The video recording of
the meeting is available through the City's website. Provisional adoption of
this ordinance occurred on September 13, 2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2125 HCS ZMA.pdf
Report compiled on: September 15, 2022
177
Ord 2125
Page 1 of 5
ORDINANCE 2125
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN
INITIAL MUNICIPAL ZONING ON 13.582 ACRES AS R-3 (RESIDENTIAL MEDIUM
DENSITY DISTRICT), THE HERITAGE CHRISTIAN SCHOOL ANNEXATION ZONE
MAP AMENDMENT, APPLICATION 22170
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 Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on August 1, 2022, the Bozeman
Community Development Board in their capacity as the Zoning Commission recommended to the
Bozeman City Commission that application No. 22170, the Heritage Christian School Annexation
Zone Map Amendment, be approved as requested by the applicant; and
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Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment
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WHEREAS, after proper notice, the City Commission held its public hearing on August
16, 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
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
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Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment
Page 3 of 5
staff analysis and report, and all submitted public comment recommended approval of the
requested R-3 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22170 the Heritage Christian School Annexation Zone Map Amendment have been
satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-3 (Residential Medium Density District):
A tract of land being Tract B OF C.O.S. NO. 1829 and to the center line of adjacent public
right of way for Durston Road.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment
Page 4 of 5
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____th day of ________________,
2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
181
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Page 5 of 5
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
182
Memorandum
REPORT TO:City Commission
FROM:Lori Christenson, Health Officer
SUBJECT:Health Officer Special Presentation
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Health Officer Special Presentation
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Special Presentation from the Gallatin County Health Officer.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: September 16, 2022
183
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:National Community Survey Special Presentation
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:National Community Survey Special Presentation
STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to
monitor, track and improve the planning and delivery of City programs and
services, and promote greater accountability, effectiveness and efficiency.
Learn from those outside city government and measure specific tasks for
performance.
BACKGROUND:The City of Bozeman's Strategic Plan (Section 7.4) calls for the utilization of
key performance measures to monitor, track, and improve the planning and
delivery of City programs and services to promote greater accountability,
effectiveness, and efficiency.
From May 19, 2022 to July 7, 2022 the City conducted the National
Community Survey to help gauge overall citizen satisfaction across a number
of facets of community livability. This statistically valid survey builds on
previous efforts completed in 2015, 2007, and 2005.
Joseph Dell'Olio, account representative from Polco, will provide a brief
presentation of results (see attached report).
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None.
Attachments:
The NCS Report - Bozeman, MT 2022.pdf
Report compiled on: September 15, 2022
184
Bozeman, MT
The National Community Survey
Report of Results
2022
Report by:
Visit us online!
www.polco.us
185
About The NCS™
The National Community Survey™ (The NCS™) report is about the
“livability” of Bozeman. A livable community is a place that is not simply
habitable, but that is desirable. It is not only where people do live, but
where they want to live. The survey was developed by the experts from
National Research Center at Polco.
Great communities are partnerships of the government, private sector,
community-based organizations and residents, all geographically
connected. The NCS captures residents’ opinions considering ten central
facets of a community:
• Economy
• Mobility
• Community Design
• Utilities
• Safety
• Natural Environment
• Parks and Recreation
• Health and Wellness
• Education, Arts, and Culture
• Inclusivity and Engagement
The report provides the opinions of a representative sample of 466
residents of the City of Bozeman collected from May 19th, 2022 to July 7th
2022. The margin of error around any reported percentage is 5% for all
respondents and the response rate for the 2022 survey was 17%. Survey
results were weighted so that the demographic profile of respondents was
representative of the demographic profile of adults in Bozeman.
How the results are reported
For the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, the
percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,
etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this
reply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removed
from the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondents
who had an opinion about a specific item.
Comparisons to benchmarks
NRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 600
communities whose residents evaluated the same kinds of topics on The National Community Survey. The comparison
evaluations are from the most recent survey completed in each community in the last five years. NRC adds the latest results
quickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent a
wide geographic and population range. In each tab, Bozeman's results are noted as being “higher” than the benchmark, “lower”
than the benchmark, or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statistically
similar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means that
Bozeman's average rating for a particular item was more than 10 points different than the benchmark. If a rating was “much
higher” or “much lower,” then Bozeman's average rating was more than 20 points different when compared to the benchmark.
The survey was administered during the COVID-19 pandemic, a time of challenge for many local governments. While we provide
comparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to the
pandemic. This may impact how your City's 2022 ratings compare to other communities’ ratings from the past five years.
Trends over time
Trend data for Bozeman represent important comparison data and should be examined for improvements or declines*.
Deviations from stable trends over time represent opportunities for understanding how local policies, programs, or public
information may have affected residents' opinions. Changes between survey years have been noted with an arrow and the
percent difference. If the difference is greater than seven percentage points between the 2015 and 2022 surveys, the change is
statistically significant.
* In 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted
due to wording modifications that could have potentially altered the meaning of the item for the respondent.
1 186
About The NCS™The National Community Survey™ (The NCS™) report is about the“livability” of Bozeman. A livable community is a place that is not simplyhabitable, but that is desirable. It is not only where people do live, butwhere they want to live. The survey was developed by the experts fromNational Research Center at Polco.Great communities are partnerships of the government, private sector,community-based organizations and residents, all geographicallyconnected. The NCS captures residents’ opinions considering ten centralfacets of a community: • Economy • Mobility • Community Design • Utilities • Safety • Natural Environment • Parks and Recreation • Health and Wellness • Education, Arts, and Culture • Inclusivity and EngagementThe report provides the opinions of a representative sample of 466residents of the City of Bozeman collected from May 19th, 2022 to July 7th2022. The margin of error around any reported percentage is 5% for allrespondents and the response rate for the 2022 survey was 17%. Surveyresults were weighted so that the demographic profile of respondents wasrepresentative of the demographic profile of adults in Bozeman.How the results are reportedFor the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, thepercent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving thisreply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removedfrom the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondentswho had an opinion about a specific item.Comparisons to benchmarksNRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 600communities whose residents evaluated the same kinds of topics on The National Community Survey. The comparisonevaluations are from the most recent survey completed in each community in the last five years. NRC adds the latest resultsquickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent awide geographic and population range. In each tab, Bozeman's results are noted as being “higher” than the benchmark, “lower”than the benchmark, or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statisticallysimilar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means thatBozeman's average rating for a particular item was more than 10 points different than the benchmark. If a rating was “muchhigher” or “much lower,” then Bozeman's average rating was more than 20 points different when compared to the benchmark.The survey was administered during the COVID-19 pandemic, a time of challenge for many local governments. While we providecomparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to thepandemic. This may impact how your City's 2022 ratings compare to other communities’ ratings from the past five years.
Trends over time
Trend data for Bozeman represent important comparison data and should be examined for improvements or declines*.
Deviations from stable trends over time represent opportunities for understanding how local policies, programs, or public
information may have affected residents' opinions. Changes between survey years have been noted with an arrow and the
percent difference. If the difference is greater than seven percentage points between the 2015 and 2022 surveys, the change is
statistically significant.
* In 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted
due to wording modifications that could have potentially altered the meaning of the item for the respondent.
2 187
Conducting the survey
The 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7
weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a cover
letter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to give
residents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the survey
to do so and those who had already done so to refrain from completing the survey again.
The survey was available in English and Spanish. All mailings contained paragraphs in both languages instructing participants on
how to complete the survey in their preferred language.
About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postal
service was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations to
participate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated using
AAPOR’s response rate #2* for mailed surveys of unnamed persons.
It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying
“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidence
interval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinions
are relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus or
minus five percentage points around any given percent reported for all respondents (466 completed surveys).
In addition to the randomly selected “probability sample” of households, a link to an online open participation survey was
publicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a question
about where they heard about the survey. The open participation survey was open to all city residents and became available on
June 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participation
survey data, but a tab at the end provides the complete frequency of responses to questions by the open participation
respondents.
The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R,
Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent
positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,
essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion
of respondents indicating “yes” or participating in an activity at least once a month.
On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is
shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the
analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
Contact
The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net
if you have any questions about the survey.
Survey Validity
See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali
* See AAPOR's Standard Definitions for more information at
https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx
* Pasek, J. (2010). ANES Weighting Algorithm. Retrieved from
https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf
* Targets come from the 2010 Census and 2020 American Community Survey
Unweighted Weighted Target*
Age 18-34
35-54
55+
Hispanic origin No, not Spanish, Hispanic, or Latino
Spanish, Hispanic, or Latino
Housing tenure Own
Rent
Housing type Attached
Detached
Race & Hispanic
origin
Not white alone
White alone, not Hispanic or Latino
Sex Female
Male
Sex/age Female 18-34
Female 35-54
Female 55+
Male 18-34
Male 35-54
Male 55+
Analyzing the data
Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are
entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range
checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were
downloaded and merged with the mailed survey responses.
The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American Community
Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey
respondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race,
Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated using
an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for the
probability sample are presented in the following table.
NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g.,
age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups.
Methods
Selecting survey recipients
All households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codes
serving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since some
of the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exact
geographic location of each housing unit was compared to community boundaries using the most current municipal boundary
file. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey.
From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a
unit number) sampled at a rate of 53 compared to single family housing units.
An individual within each household was selected using the birthday method. The birthday method selects a person within the
household by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlying
assumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction was
contained in the introduction of the survey.
3 188
Conducting the surveyThe 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a coverletter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to giveresidents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the surveyto do so and those who had already done so to refrain from completing the survey again.The survey was available in English and Spanish. All mailings contained paragraphs in both languages instructing participants onhow to complete the survey in their preferred language.About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postalservice was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations toparticipate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated usingAAPOR’s response rate #2* for mailed surveys of unnamed persons.It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus orminus five percentage points around any given percent reported for all respondents (466 completed surveys).In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a questionabout where they heard about the survey. The open participation survey was open to all city residents and became available onJune 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participationsurvey data, but a tab at the end provides the complete frequency of responses to questions by the open participationrespondents.
The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R,
Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent
positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,
essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion
of respondents indicating “yes” or participating in an activity at least once a month.
On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is
shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the
analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
Contact
The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net
if you have any questions about the survey.
Survey Validity
See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali
* See AAPOR's Standard Definitions for more information at
https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx
* Pasek, J. (2010). ANES Weighting Algorithm. Retrieved from
https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf
* Targets come from the 2010 Census and 2020 American Community Survey
Unweighted Weighted Target*
Age 18-34
35-54
55+
Hispanic origin No, not Spanish, Hispanic, or Latino
Spanish, Hispanic, or Latino
Housing tenure Own
Rent
Housing type Attached
Detached
Race & Hispanic
origin
Not white alone
White alone, not Hispanic or Latino
Sex Female
Male
Sex/age Female 18-34
Female 35-54
Female 55+
Male 18-34
Male 35-54
Male 55+
20%
22%
58%
20%
22%
58%
52%
27%
21%
4%
96%
4%
96%
1%
99%
57%
43%
57%
43%
33%
67%
40%
60%
40%
60%
53%
47%
90%
10%
90%
10%
95%
5%
53%
47%
53%
47%
43%
57%
9%
11%
32%
11%
10%
26%
9%
11%
32%
11%
10%
26%
23%
12%
8%
29%
16%
13%
Analyzing the data
Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are
entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range
checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were
downloaded and merged with the mailed survey responses.
The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American Community
Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey
respondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race,
Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated using
an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for the
probability sample are presented in the following table.
NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g.,
age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups.
MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey.From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with aunit number) sampled at a rate of 53 compared to single family housing units.An individual within each household was selected using the birthday method. The birthday method selects a person within thehousehold by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlyingassumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction wascontained in the introduction of the survey.
4 189
Conducting the surveyThe 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a coverletter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to giveresidents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the surveyto do so and those who had already done so to refrain from completing the survey again.The survey was available in English and Spanish. All mailings contained paragraphs in both languages instructing participants onhow to complete the survey in their preferred language.About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postalservice was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations toparticipate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated usingAAPOR’s response rate #2* for mailed surveys of unnamed persons.It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus orminus five percentage points around any given percent reported for all respondents (466 completed surveys).In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a questionabout where they heard about the survey. The open participation survey was open to all city residents and became available onJune 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participationsurvey data, but a tab at the end provides the complete frequency of responses to questions by the open participationrespondents.
The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R,
Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent
positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,
essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion
of respondents indicating “yes” or participating in an activity at least once a month.
On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is
shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the
analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an
opinion about a specific item.
Contact
The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net
if you have any questions about the survey.
Survey Validity
See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali
* See AAPOR's Standard Definitions for more information at
https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx
* Pasek, J. (2010). ANES Weighting Algorithm. Retrieved from
https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf
* Targets come from the 2010 Census and 2020 American Community Survey
Unweighted Weighted Target*Age 18-3435-5455+Hispanic origin No, not Spanish, Hispanic, or LatinoSpanish, Hispanic, or LatinoHousing tenure OwnRentHousing type AttachedDetachedRace & Hispanicorigin Not white aloneWhite alone, not Hispanic or LatinoSexFemaleMaleSex/age Female 18-34Female 35-54Female 55+Male 18-34Male 35-54Male 55+Analyzing the dataResponses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses areentered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Rangechecks as well as other forms of quality control were also performed. Responses from surveys completed on Polco weredownloaded and merged with the mailed survey responses.The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American CommunitySurvey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the surveyrespondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race,Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated usingan iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for theprobability sample are presented in the following table.NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g.,age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups.MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey.From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with aunit number) sampled at a rate of 53 compared to single family housing units.An individual within each household was selected using the birthday method. The birthday method selects a person within thehousehold by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlyingassumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction wascontained in the introduction of the survey.
5 190
Highlights
Aspects of the city’s economy remain strong, despite concerns about affordability and the overall economic
outlook.
Though the overall economic health of Bozeman experienced a notable drop since the previous iteration of The NCS (from 66% in
2015 to 40% in 2022), many aspects of the economy are still highly rated by residents. About 8 in 10 gave high marks to Bozeman
as a place to visit (higher than the benchmark), the vibrancy of the city’s downtown and commercial area (much higher than the
benchmark), and the overall quality of business and service establishments (similar to the benchmark). Two-thirds also
supported the variety of business and service establishments and shopping opportunities, while around half of residents offered
positive ratings to employment opportunities and Bozeman as a place to work. When asked what impact the economy would
have on their household income in the next six months, about 1 in 10 felt the impact would be positive. In alignment with other
facets, cost of living was the lowest-rated item pertaining to Bozeman’s economy, receiving positive evaluations from only 4% of
respondents.
Utilities are strong in Bozeman, though internet service may be an area of opportunity.
Most utility services in Bozeman were rated positively by the majority of residents. Two-thirds were pleased with the overall
quality of the city’s utility infrastructure, on par with comparison communities across the country. About 9 in 10 gave high marks
to sewer services, drinking water, and garbage collection; of these, drinking water scored higher than national benchmarks,
while all others were similar. Most residents also had positive views toward power utility (75% excellent or good) and utility
billing (66%). Ratings for stormwater management were high (83%) and experienced a notable increase from the 2015 iteration
of The NCS, which is especially noteworthy considering the devastating floods close in proximity to Bozeman during this survey
administration. The only item relating to utilities that was rated positively by less than half of residents was affordable
high-speed internet access (45%); while this was still similar to national benchmark comparisons, it may present an opportunity
for growth. Additionally, the City included a unique survey question that asked residents how likely they would be to opt for
increased utility fees in order to receive electricity from renewable sources. Three-quarters of respondents said they were very ..
Bozeman residents feel safe in their community and appreciate safety-related services.
The overall feelings of safety in Bozeman continued to receive high marks and contribute to the quality of life in the city. At least
9 in 10 reported feeling very or somewhat safe in their neighborhood and Bozeman’s downtown/commercial area during the day,
as well as from violent crime. About 8 in 10 similarly felt safe from property crime and from fire, flood, and other natural
disasters. In addition, safety-related services also garnered support from a strong majority of residents. This was highlighted by
positive ratings for fire services (90% excellent or good), followed by ambulance/EMS services (81%) and crime prevention
(79%). About 7 in 10 also were pleased with the City’s police services, fire prevention and education, and animal control. All
safety ratings were similar to the national benchmarks.
Community design and housing are priorities for residents.
When asked about which aspects of the community the City should focus on in the next two years, about 8 in 10 residents
responded that the overall design or layout of residential and commercial areas is an area of priority. A lower proportion of
residents gave positive ratings to the quality of community design in Bozeman (41% excellent or good), which was lower than the
national average.
In this facet, survey participants gave the highest ratings to their neighborhood as a place to live (78% excellent or good), the
overall appearance of Bozeman (73%), and public places where people want to spend time (72%); all of these were similar to
national comparison communities. About 4 in 10 gave positive marks to well-designed neighborhoods in Bozeman, while about 2
in 10 felt similarly toward well-planned residential and commercial growth. Results indicated that the most concern was
surrounding items related to housing: evaluations for the overall quality of new development (22% excellent or good), variety of
housing options (8%), and availability of affordable quality housing (3%) were all much lower than the national benchmarks.
Additionally, in a custom question unique to the City of Bozeman, residents were asked whether they’d like to see more effort,
less effort, or the same amount of effort from the City to address various aspects of the community. About 84% of residents
indicated that housing should receive more effort, and 32% said the same for neighborhoods.
The availability of recreational opportunities continues to be a bright spot for Bozeman.
Nearly all survey items pertaining to parks and recreation in Bozeman received strong support from the community. Most
residents gave positive ratings to recreational opportunities (91% excellent or good), fitness opportunities (87%), and the
availability of paths and walking trails (85%), all of which were higher than national averages. The overall quality of parks and
recreation opportunities garnered favorable reviews from nearly 9 in 10 respondents. Additionally, strong marks were also
given to City parks (84%), recreation programs or classes (72%), and recreation centers or facilities (61%), on par with
benchmark comparison communities across the nation.
6 191
HighlightsAspects of the city’s economy remain strong, despite concerns about affordability and the overall economicoutlook.Though the overall economic health of Bozeman experienced a notable drop since the previous iteration of The NCS (from 66% in2015 to 40% in 2022), many aspects of the economy are still highly rated by residents. About 8 in 10 gave high marks to Bozemanas a place to visit (higher than the benchmark), the vibrancy of the city’s downtown and commercial area (much higher than thebenchmark), and the overall quality of business and service establishments (similar to the benchmark). Two-thirds alsosupported the variety of business and service establishments and shopping opportunities, while around half of residents offeredpositive ratings to employment opportunities and Bozeman as a place to work. When asked what impact the economy wouldhave on their household income in the next six months, about 1 in 10 felt the impact would be positive. In alignment with otherfacets, cost of living was the lowest-rated item pertaining to Bozeman’s economy, receiving positive evaluations from only 4% ofrespondents.Utilities are strong in Bozeman, though internet service may be an area of opportunity.Most utility services in Bozeman were rated positively by the majority of residents. Two-thirds were pleased with the overallquality of the city’s utility infrastructure, on par with comparison communities across the country. About 9 in 10 gave high marksto sewer services, drinking water, and garbage collection; of these, drinking water scored higher than national benchmarks,while all others were similar. Most residents also had positive views toward power utility (75% excellent or good) and utilitybilling (66%). Ratings for stormwater management were high (83%) and experienced a notable increase from the 2015 iterationof The NCS, which is especially noteworthy considering the devastating floods close in proximity to Bozeman during this surveyadministration. The only item relating to utilities that was rated positively by less than half of residents was affordablehigh-speed internet access (45%); while this was still similar to national benchmark comparisons, it may present an opportunityfor growth. Additionally, the City included a unique survey question that asked residents how likely they would be to opt forincreased utility fees in order to receive electricity from renewable sources. Three-quarters of respondents said they were very ..Bozeman residents feel safe in their community and appreciate safety-related services.The overall feelings of safety in Bozeman continued to receive high marks and contribute to the quality of life in the city. At least9 in 10 reported feeling very or somewhat safe in their neighborhood and Bozeman’s downtown/commercial area during the day,as well as from violent crime. About 8 in 10 similarly felt safe from property crime and from fire, flood, and other naturaldisasters. In addition, safety-related services also garnered support from a strong majority of residents. This was highlighted bypositive ratings for fire services (90% excellent or good), followed by ambulance/EMS services (81%) and crime prevention(79%). About 7 in 10 also were pleased with the City’s police services, fire prevention and education, and animal control. Allsafety ratings were similar to the national benchmarks.Community design and housing are priorities for residents.When asked about which aspects of the community the City should focus on in the next two years, about 8 in 10 residentsresponded that the overall design or layout of residential and commercial areas is an area of priority. A lower proportion ofresidents gave positive ratings to the quality of community design in Bozeman (41% excellent or good), which was lower than thenational average.In this facet, survey participants gave the highest ratings to their neighborhood as a place to live (78% excellent or good), theoverall appearance of Bozeman (73%), and public places where people want to spend time (72%); all of these were similar tonational comparison communities. About 4 in 10 gave positive marks to well-designed neighborhoods in Bozeman, while about 2in 10 felt similarly toward well-planned residential and commercial growth. Results indicated that the most concern wassurrounding items related to housing: evaluations for the overall quality of new development (22% excellent or good), variety ofhousing options (8%), and availability of affordable quality housing (3%) were all much lower than the national benchmarks.Additionally, in a custom question unique to the City of Bozeman, residents were asked whether they’d like to see more effort,less effort, or the same amount of effort from the City to address various aspects of the community. About 84% of residentsindicated that housing should receive more effort, and 32% said the same for neighborhoods.
The availability of recreational opportunities continues to be a bright spot for Bozeman.
Nearly all survey items pertaining to parks and recreation in Bozeman received strong support from the community. Most
residents gave positive ratings to recreational opportunities (91% excellent or good), fitness opportunities (87%), and the
availability of paths and walking trails (85%), all of which were higher than national averages. The overall quality of parks and
recreation opportunities garnered favorable reviews from nearly 9 in 10 respondents. Additionally, strong marks were also
given to City parks (84%), recreation programs or classes (72%), and recreation centers or facilities (61%), on par with
benchmark comparison communities across the nation.
7 192
Facets of livability
Resident perceptions of quality and importance for each of the facets of community livability provide an overview of
community strengths and challenges that are useful for planning, budgeting and performance evaluation.
The charts below show the proportion of residents who rated the community facets positively for quality and the
priority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher than
communities across the country (the national benchmark).
2014 2016 2018 2020 2022
Overall economic health
Overall quality of the transportation system
Overall design or layout of residential and commercial
areas
Overall quality of the utility infrastructure
Overall feeling of safety
Overall quality of natural environment
Overall quality of parks and recreation opportunities
Overall health and wellness opportunities
Overall opportunities for education, culture, and the arts
Residents' connection and engagement with their
community
66%40%
Lower
66%40%
Lower
45%
Similar
45%
Similar
64%41%
Lower
64%41%
Lower
67%
Similar
67%
Similar
92%89%
Similar
92%89%
Similar
87%89%
Higher
87%89%
Higher
88%
Similar
88%
Similar
81%82%
Similar
81%82%
Similar
86%71%
Similar
86%71%
Similar
53%
Similar
53%
Similar
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
Overall economic health
Overall quality of the transportation system
Overall design or layout of residential and commercial
areas
Overall quality of the utility infrastructure
Overall feeling of safety
Overall quality of natural environment
Overall quality of parks and recreation opportunities
Overall health and wellness opportunities
Overall opportunities for education, culture, and the arts
Residents' connection and engagement with their
community
Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in
the coming two years.
(% essential or very important)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Balancing performance and importance
Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To
this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being
of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as
lower quality, as this should be a top priority to address.
To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services
were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively
lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest
perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of
both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher
quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists.
Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and
those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they
were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they
received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in
half.
The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and
which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the
upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring closest to the
lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further
investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on
which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where
performance may outscore resident priorities, and may be a consideration for lower resource allocation.
(vs. benchmark*)
8 193
Facets of livabilityResident perceptions of quality and importance for each of the facets of community livability provide an overview ofcommunity strengths and challenges that are useful for planning, budgeting and performance evaluation.The charts below show the proportion of residents who rated the community facets positively for quality and thepriority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher thancommunities across the country (the national benchmark).Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
2014 2016 2018 2020 2022
Overall economic health
Overall quality of the transportation system
Overall design or layout of residential and commercial
areas
Overall quality of the utility infrastructure
Overall feeling of safety
Overall quality of natural environment
Overall quality of parks and recreation opportunities
Overall health and wellness opportunities
Overall opportunities for education, culture, and the arts
Residents' connection and engagement with their
community
84%80%
Similar
84%80%
Similar
71%
Similar
71%
Similar
78%83%
Similar
78%83%
Similar
83%
Similar
83%
Similar
70%62%
Lower
70%62%
Lower
85%84%
Similar
85%84%
Similar
72%
Similar
72%
Similar
74%67%
Similar
74%67%
Similar
77%63%
Similar
77%63%
Similar
73%63%
Similar
73%63%
Similar
Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in
the coming two years.
(% essential or very important)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Balancing performance and importance
Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To
this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being
of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as
lower quality, as this should be a top priority to address.
To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services
were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively
lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest
perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of
both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher
quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists.
Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and
those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they
were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they
received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in
half.
The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and
which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the
upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring closest to the
lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further
investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on
which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where
performance may outscore resident priorities, and may be a consideration for lower resource allocation.
(vs. benchmark*)
9 194
Facets of livabilityResident perceptions of quality and importance for each of the facets of community livability provide an overview ofcommunity strengths and challenges that are useful for planning, budgeting and performance evaluation.The charts below show the proportion of residents who rated the community facets positively for quality and thepriority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher thancommunities across the country (the national benchmark).Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate how important, if at all, you think it is for the Bozeman community to focus on each of the following inthe coming two years.(% essential or very important)* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Balancing performance and importance
Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To
this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being
of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as
lower quality, as this should be a top priority to address.
To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services
were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively
lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest
perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of
both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher
quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists.
Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and
those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they
were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they
received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in
half.
The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and
which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the
upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring closest to the
lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further
investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on
which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where
performance may outscore resident priorities, and may be a consideration for lower resource allocation.
60%70%80%
Importance
40%
50%
60%
70%
80%
90%QualityCommunity design
Economy
Education, arts, and culture
Health and wellness
Inclusivity and engagement
Mobility
Natural environment
Parks and recreationSafety
Utilities
Median
Median
(vs. benchmark*)
10 195
Excellent
20%
Good
48%
Poor
4%
Fair
27%
The overall quality of life in
Bozeman, 2022
Quality of life
Measuring community livability starts with assessing the
quality of life of those who live there, and ensuring that the
community is attractive, accessible, and welcoming to all.
2014 2016 2018 2020 2022
Bozeman as a place to live
The overall quality of life
90%80%
Similarvs.
benchmark*
90%80%
Similarvs.
benchmark*
90%69%
Similar
90%69%
Similar
Please rate each of the following aspects of quality of life in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
Recommend living in Bozeman to someone who asks
Remain in Bozeman for the next five years
82%
46%
Much
lower
82%
46%
Much
lower
82%70%
Lower
82%70%
Lower
Please indicate how likely or unlikely you are to do each of the following.
(% very or somewhat likely)
2014 2016 2018 2020 2022
Overall image or reputation
86%66%
Similar
86%66%
Similar
Please rate each of the following in the Bozeman community.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
11 196
Excellent
4%
Good
26%
Fair
41%
Poor
28%
Overall confidence in Bozeman
government, 2022
Governance
Strong local governments produce results that meet the needs
of residents while making the best use of available resources,
and are responsive to the present and future needs of the
community as a whole.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
2014 2016 2018 2020 2022
The value of services for the taxes paid to Bozeman
The overall direction that Bozeman is taking
The job Bozeman government does at welcoming resident
involvement
Overall confidence in Bozeman government
Generally acting in the best interest of the community
Being honest
Being open and transparent to the public
Informing residents about issues facing the community
Treating all residents fairly
Treating residents with respect
54%41%
Similar
54%41%
Similar
46%
22%
Much
lower
46%
22%
Much
lower
55%40%
Similar
55%40%
Similar
52%
31%
Lower
52%
31%
Lower
53%
30%
Lower
53%
30%
Lower
58%40%
Lower
58%40%
Lower
Please rate the following categories of Bozeman government performance.
(% excellent or good)
2014 2016 2018 2020 2022
Public information services
Overall customer service by Bozeman employees
73%67%
Similar
73%67%
Similar
77%74%
Similar
vs.
benchmark*
77%74%
Similar
vs.
benchmark*
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
The City of Bozeman
The Federal Government
Overall, how would you rate the quality of the services provided by each of the following?
(% excellent or good)
12 197
Overall confidence in Bozemangovernment, 2022GovernanceStrong local governments produce results that meet the needsof residents while making the best use of available resources,and are responsive to the present and future needs of thecommunity as a whole.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
The value of services for the taxes paid to BozemanThe overall direction that Bozeman is takingThe job Bozeman government does at welcoming residentinvolvementOverall confidence in Bozeman governmentGenerally acting in the best interest of the community
Being honest
Being open and transparent to the public
Informing residents about issues facing the community
Treating all residents fairly
Treating residents with respect
58%40%
Lower
58%40%
Lower
38%
Lower
38%
Lower
35%
Lower
35%
Lower
53%40%
Lower
53%40%
Lower
57%
Similar
57%
Similar
Please rate the following categories of Bozeman government performance.(% excellent or good)Public information servicesOverall customer service by Bozeman employeesPlease rate the quality of each of the following services in Bozeman.(% excellent or good)
2014 2016 2018 2020 2022
The City of Bozeman
The Federal Government
81%60%
Similar
81%60%
Similar
43%30%
Similar
43%30%
Similar
Overall, how would you rate the quality of the services provided by each of the following?
(% excellent or good)
13 198
Excellent
10%
Good
30%
Fair
37%
Poor
24%
Overall economic health of
Bozeman, 2022
Very positive
Somewhat
positive
Neutral
Somewhat
negative
Very negative
3%
11%
34%
36%
17%
What impact, if any, do you think the economy
will have on your family income in the next 6
months? Do you think the impact will be:
Economy
Local governments work together with private and
nonprofit businesses, and with the community at
large, to foster sustainable growth, create jobs,
and promote a thriving local economy.
2014 2016 2018 2020 2022
Bozeman as a place to work
Bozeman as a place to visit
57%52%
Similar
57%52%
Similar
93%86%
Higher
93%86%
Higher
Please rate each of the following aspects of quality of life in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
Overall quality of business and service establishments
Variety of business and service establishments
Vibrancy of downtown/commercial area
Employment opportunities
Shopping opportunities
Cost of living
76%81%
Similar
76%81%
Similar
68%
Similar
68%
Similar
86%83%
Much
higher
86%83%
Much
higher
Please rate each of the following in the Bozeman community.
(% excellent or good)
Economic development
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
What impact, if any, do you think the economy will have on
your family income in the next 6 months? Do you think the
impact will be:
What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the
impact will be:
(% very or somewhat positive)
2014 2016 2018 2020 2022
Overall economic health
66%40%
Lower
benchmark*
66%40%
Lower
vvss..
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
14 199
Overall economic health ofBozeman, 2022 Very positiveSomewhatpositiveNeutralSomewhatnegativeVery negativeWhat impact, if any, do you think the economywill have on your family income in the next 6months? Do you think the impact will be:EconomyLocal governments work together with private andnonprofit businesses, and with the community atlarge, to foster sustainable growth, create jobs,and promote a thriving local economy.Bozeman as a place to workBozeman as a place to visitPlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good)Overall quality of business and service establishmentsVariety of business and service establishmentsVibrancy of downtown/commercial area
Employment opportunities
Shopping opportunities
Cost of living
43%52%
Similar43%52%
Similar
59%65%
Similar59%65%
Similar
18%
4%
Much
lower18%
4%
Much
lower
Please rate each of the following in the Bozeman community.(% excellent or good)
2014 2016 2018 2020 2022
Economic development
59%42%
Similar
59%42%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
What impact, if any, do you think the economy will have on
your family income in the next 6 months? Do you think the
impact will be:
28%
14%
Lower
28%
14%
Lower
What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the
impact will be:
(% very or somewhat positive)
Overall economic healthPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
15 200
Excellent
10%
Good
36%Fair
33%
Poor
21%
Overall quality of the transportation
system in Bozeman, 2022
Mobility
The ease with which residents can move about their
communities, whether for commuting, leisure, or recreation,
plays a major role in the quality of life for all who live, work,
and play in the community.
2014 2016 2018 2020 2022
Traffic flow on major streets
Ease of public parking
Ease of travel by car
Ease of travel by public transportation
Ease of travel by bicycle
Ease of walking
37%31%
Lower
37%31%
Lower
39%24%
Lower
39%24%
Lower
56%60%
Similar56%60%
Similar
36%33%
Similar36%33%
Similar
51%49%
Similar51%49%
Similar
76%68%
Similar
76%68%
Similar
Please also rate each of the following in the Bozeman community.
(% excellent or good)
Used public transportation instead of driving
Carpooled with other adults or children instead of driving
alone
Walked or biked instead of driving
Please indicate whether or not you have done each of the following in the last 12 months.
(% yes)
Traffic enforcement
Traffic signal timing
Street repair
Street cleaning
Street lighting
Snow removal
Sidewalk maintenance
Bus or transit services
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2016 2018 2020 2022
Overall quality of the transportation system
45%
Similar
vs.
benchmark*
45%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
16 201
Overall quality of the transportationsystem in Bozeman, 2022MobilityThe ease with which residents can move about theircommunities, whether for commuting, leisure, or recreation,plays a major role in the quality of life for all who live, work,and play in the community.Traffic flow on major streetsEase of public parkingEase of travel by carEase of travel by public transportationEase of travel by bicycleEase of walkingPlease also rate each of the following in the Bozeman community.(% excellent or good)
2014 2016 2018 2020 2022
Used public transportation instead of driving
Carpooled with other adults or children instead of driving
alone
Walked or biked instead of driving
25%24%
Similar25%24%
Similar
69%63%
Much
higher
69%63%
Much
higher
83%81%
Much
higher
83%81%
Much
higher
Please indicate whether or not you have done each of the following in the last 12 months.
(% yes)
2014 2016 2018 2020 2022
Traffic enforcement
Traffic signal timing
Street repair
Street cleaning
Street lighting
Snow removal
Sidewalk maintenance
Bus or transit services
58%46%
Lower
58%46%
Lower
38%45%
Similar38%45%
Similar
38%42%
Similar38%42%
Similar
71%71%
Similar
71%71%
Similar
60%67%
Similar60%67%
Similar
56%51%
Lower
56%51%
Lower
47%
55%
Similar47%
55%
Similar
58%56%
Similar58%56%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
Overall quality of the transportation systemPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
17 202
Excellent
7%
Good
34%
Fair
37%
Poor
22%
Overall design or layout of
Bozeman's residential and
commercial areas, 2022
Community design
A well-designed community enhances the quality of life for its
residents by encouraging smart land use and zoning, ensuring
that affordable housing is accessible to all, and providing
access to parks and other green spaces.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
2014 2016 2018 2020 2022
Well-planned residential growth
Well-planned commercial growth
Well-designed neighborhoods
Preservation of the historical or cultural character of the
community
Public places where people want to spend time
Variety of housing options
Availability of affordable quality housing
Overall quality of new development
Overall appearance
18%
Much
lower
18%
Much
lower
26%
Lower
26%
Lower
39%
Lower
39%
Lower
51%
Lower
51%
Lower
85%72%
Similar
85%72%
Similar
Please also rate each of the following in the Bozeman community.
(% excellent or good)
2014 2016 2018 2020 2022
Your neighborhood as a place to live
82%78%
Similar
82%78%
Similar
Please rate each of the following aspects of quality of life in Bozeman.
(% excellent or good)
Land use, planning and zoning
Code enforcement
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
Overall design or layout of residential and commercial
areas
64%41%
Lower
vs.
benchmark*
64%41%
Lower
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
18 203
Overall design or layout ofBozeman's residential andcommercial areas, 2022Community designA well-designed community enhances the quality of life for itsresidents by encouraging smart land use and zoning, ensuringthat affordable housing is accessible to all, and providingaccess to parks and other green spaces.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Well-planned residential growthWell-planned commercial growthWell-designed neighborhoodsPreservation of the historical or cultural character of thecommunity
Public places where people want to spend time
Variety of housing options
Availability of affordable quality housing
Overall quality of new development
Overall appearance
85%72%
Similar
85%72%
Similar
24%
8%
Much
lower
24%
8%
Much
lower
10%
3%
Much
lower10%
3%
Much
lower
52%22%
Much
lower
52%22%
Much
lower
90%73%
Similar
90%73%
Similar
Please also rate each of the following in the Bozeman community.(% excellent or good)Your neighborhood as a place to livePlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good)
2014 2016 2018 2020 2022
Land use, planning and zoning
Code enforcement
38%25%
Lower
38%25%
Lower
47%42%
Similar
47%42%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
Overall design or layout of residential and commercialareasPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
19 204
Excellent
16%
Good
51%
Fair
23%
Poor
10%
Overall quality of the utility
infrastructure in Bozeman, 2022
Utilities
Services such as water, gas, electricity, and internet access
play a vital role in ensuring the physical and economic health
and well-being of the communities they serve.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
2014 2016 2018 2020 2022
Affordable high-speed internet access
Garbage collection
Drinking water
Sewer services
Storm water management
Power (electric and/or gas) utility
Utility billing
45%
Similar
45%
Similar
91%89%
Similar
91%89%
Similar
80%90%
Higher80%90%
Higher
86%92%
Similar
86%92%
Similar
66%
83%
Similar66%
83%
Similar
78%75%
Similar78%75%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2016 2018 2020 2022
Overall quality of the utility infrastructure
67%
Similar
vs.
benchmark*
67%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
20 205
Overall quality of the utilityinfrastructure in Bozeman, 2022UtilitiesServices such as water, gas, electricity, and internet accessplay a vital role in ensuring the physical and economic healthand well-being of the communities they serve.
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Affordable high-speed internet accessGarbage collectionDrinking waterSewer servicesStorm water managementPower (electric and/or gas) utility
Utility billing 68%66%
Similar68%66%
Similar
Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of the utility infrastructurePlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
21 206
Excellent
42%
Good
47%
Fair
8%
Poor
2%
Overall feeling of safety in
Bozeman, 2022
Safety
Public safety is often the most important task facing local
governments. All residents should feel safe and secure in their
neighborhoods and in the greater community, and providing
robust safety-related services is essential to residents' quality
of life.
2014 2016 2018 2020 2022
Overall feeling of safety
92%89%
Similar
vs.
benchmark*
92%89%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
2014 2016 2018 2020 2022
In your neighborhood during the day
In Bozeman's downtown/commercial area during the day
From property crime
From violent crime
From fire, flood, or other natural disaster
97%96%
Similar
97%96%
Similar
97%93%
Similar
97%93%
Similar
84%
Similar
84%
Similar
90%
Similar
90%
Similar
82%
Similar
82%
Similar
Please rate how safe or unsafe you feel:
(% very or somewhat safe)
Police/Sheriff services
Crime prevention
Animal control
Ambulance or emergency medical services
Fire services
Fire prevention and education
Emergency preparedness
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
22 207
Overall feeling of safety inBozeman, 2022SafetyPublic safety is often the most important task facing localgovernments. All residents should feel safe and secure in theirneighborhoods and in the greater community, and providingrobust safety-related services is essential to residents' qualityof life.Overall feeling of safetyPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)In your neighborhood during the dayIn Bozeman's downtown/commercial area during the dayFrom property crimeFrom violent crimeFrom fire, flood, or other natural disasterPlease rate how safe or unsafe you feel:(% very or somewhat safe)
2014 2016 2018 2020 2022
Police/Sheriff services
Crime prevention
Animal control
Ambulance or emergency medical services
Fire services
Fire prevention and education
Emergency preparedness
83%73%
Similar
83%73%
Similar
80%79%
Similar80%79%
Similar
63%69%
Similar63%69%
Similar
92%81%
Similar
92%81%
Similar
94%90%
Similar
94%90%
Similar
84%72%
Similar
84%72%
Similar
49%52%
Similar49%52%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
23 208
Excellent
50%Good
38%
Fair
8%
Poor
3%
Overall quality of natural
environment in Bozeman, 2022
Natural environment
The natural environment plays a vital role in the health and
well-being of residents. The natural spaces in which residents
live and experience their communities has a direct and
profound effect on quality of life.
2014 2016 2018 2020 2022
Cleanliness
Water resources
Air quality
91%82%
Similar
91%82%
Similar
71%
Similar
71%
Similar
93%85%
Similar
93%85%
Similar
Please also rate each of the following in the Bozeman community.
(% excellent or good)
2014 2016 2018 2020 2022
Preservation of natural areas
Bozeman open space
Recycling
Yard waste pick-up
54%51%
Lower
54%51%
Lower
62%56%
Similar
62%56%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
Overall quality of natural environment
87%89%
Higher
vs.
benchmark*
87%89%
Higher
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
24 209
Overall quality of naturalenvironment in Bozeman, 2022Natural environmentThe natural environment plays a vital role in the health andwell-being of residents. The natural spaces in which residentslive and experience their communities has a direct andprofound effect on quality of life.CleanlinessWater resourcesAir qualityPlease also rate each of the following in the Bozeman community.(% excellent or good)Preservation of natural areasBozeman open space
Recycling
Yard waste pick-up
59%
32%
Much
lower
59%
32%
Much
lower
57%60%
Lower
57%60%
Lower
Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of natural environmentPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
25 210
Excellent
48%Good
40%
Fair
9%
Poor
3%
Overall quality of parks and
recreation opportunities, 2022
Parks and recreation
"There are no communities that pride themselves on their
quality of life, promote themselves as a desirable location for
businesses to relocate, or maintain that they are
environmental stewards of their natural resources, without
such communities having a robust, active system of parks and
recreation programs for public use and enjoyment."
- National Recreation and Park Association
2014 2016 2018 2020 2022
Availability of paths and walking trails
Fitness opportunities
Recreational opportunities
83%85%
Higher
83%85%
Higher
89%87%
Higher
89%87%
Higher
93%91%
Much
higher
93%91%
Much
higher
Please also rate each of the following in the Bozeman community.
(% excellent or good)
2014 2016 2018 2020 2022
City parks
Recreation programs or classes
Recreation centers or facilities
89%84%
Similar
89%84%
Similar
83%72%
Similar
83%72%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2016 2018 2020 2022
Overall quality of parks and recreation opportunities
88%
Similar
vs.
benchmark*
88%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
26 211
Overall quality of parks andrecreation opportunities, 2022Parks and recreation"There are no communities that pride themselves on theirquality of life, promote themselves as a desirable location forbusinesses to relocate, or maintain that they areenvironmental stewards of their natural resources, withoutsuch communities having a robust, active system of parks andrecreation programs for public use and enjoyment."- National Recreation and Park AssociationAvailability of paths and walking trailsFitness opportunitiesRecreational opportunitiesPlease also rate each of the following in the Bozeman community.(% excellent or good)City parks
Recreation programs or classes
Recreation centers or facilities
78%61%
Similar
78%61%
Similar
Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of parks and recreation opportunitiesPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
27 212
Excellent
34%
Good
47%
Fair
14%
Poor
4%
Overall health and wellness
opportunities in Bozeman, 2022
Health and wellness
The characteristics of and amenities available in the
communities in which people live has a direct impact on the
health and wellness of residents, and thus, on their quality of
life overall.
2014 2016 2018 2020 2022
Availability of affordable quality food
Availability of affordable quality health care
Availability of preventive health services
Availability of affordable quality mental health care
68%54%
Similar
68%54%
Similar
64%43%
Lower
64%43%
Lower
70%56%
Similar
70%56%
Similar
50%
25%
Lower
50%
25%
Lower
Please also rate each of the following in the Bozeman community.
(% excellent or good)
2014 2016 2018 2020 2022
Health services
72%64%
Similar
72%64%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
Please rate your overall health.
Please rate your overall health.
(% excellent or very good)
2014 2016 2018 2020 2022
Overall health and wellness opportunities
81%82%
Similar
vs.
benchmark*
81%82%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
28 213
Overall health and wellnessopportunities in Bozeman, 2022Health and wellnessThe characteristics of and amenities available in thecommunities in which people live has a direct impact on thehealth and wellness of residents, and thus, on their quality oflife overall.Availability of affordable quality foodAvailability of affordable quality health careAvailability of preventive health servicesAvailability of affordable quality mental health carePlease also rate each of the following in the Bozeman community.(% excellent or good)Health servicesPlease rate the quality of each of the following services in Bozeman.(% excellent or good)
2014 2016 2018 2020 2022
Please rate your overall health.
76%81%
Similar
76%81%
Similar
Please rate your overall health.
(% excellent or very good)
Overall health and wellness opportunitiesPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
29 214
Excellent
25%
Good
46%
Fair
23%
Poor
6%
Overall opportunities for education,
culture and the arts, 2022
Education, arts, and culture
Participation in the arts, in educational opportunities, and in
cultural activities is linked to increased civic engagement,
greater social tolerance, and enhanced enjoyment of the local
community.
2014 2016 2018 2020 2022
Opportunities to attend cultural/arts/music activities
Community support for the arts
Availability of affordable quality childcare/preschool
K-12 education
Adult educational opportunities
Opportunities to attend special events and festivals
75%73%
Similar
75%73%
Similar
75%
Higher
75%
Higher
42%16%
Much
lower
42%16%
Much
lower
83%79%
Similar
83%79%
Similar
77%65%
Similar
77%65%
Similar
74%78%
Similar
74%78%
Similar
Please also rate each of the following in the Bozeman community.
(% excellent or good)
Public library services
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
2014 2016 2018 2020 2022
Overall opportunities for education, culture, and the arts
86%71%
Similarvs.
benchmark*
86%71%
Similarvs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
30 215
Overall opportunities for education,culture and the arts, 2022Education, arts, and cultureParticipation in the arts, in educational opportunities, and incultural activities is linked to increased civic engagement,greater social tolerance, and enhanced enjoyment of the localcommunity.Opportunities to attend cultural/arts/music activitiesCommunity support for the artsAvailability of affordable quality childcare/preschoolK-12 educationAdult educational opportunitiesOpportunities to attend special events and festivalsPlease also rate each of the following in the Bozeman community.(% excellent or good)
2014 2016 2018 2020 2022
Public library services
93%93%
Similar
93%93%
Similar
Please rate the quality of each of the following services in Bozeman.
(% excellent or good)
Overall opportunities for education, culture, and the artsPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
31 216
Excellent
11%
Good
42%
Fair
35%
Poor
11%
Residents' connection and
engagement with their
community, 2022
Inclusivity and engagement
Inclusivity refers to a cultural and environmental feeling of
belonging; residents who feel invited to participate within their
communities feel more included, involved, and engaged than
those who do not.
2014 2016 2018 2020 2022
Bozeman as a place to raise children
Bozeman as a place to retire
Sense of community
89%82%
Similar
89%82%
Similar
67%52%
Lower
67%52%
Lower
66%54%
Similar
66%54%
Similar
Please rate each of the following aspects of quality of life in Bozeman.
(% excellent or good)
2016 2018 2020 2022
Residents' connection and engagement with their
community
53%
Similar
vs.
benchmark*
53%
Similar
vs.
benchmark*
Please rate each of the following characteristics as they relate to Bozeman as a whole.
(% excellent or good)
2016 2018 2020 2022
Making all residents feel welcome
Attracting people from diverse backgrounds
Valuing/respecting residents from diverse backgrounds
Taking care of vulnerable residents
57%
Similar
57%
Similar
Please rate the job you feel the Bozeman community does at each of the following.
(% excellent or good)
Sense of civic/community pride
Neighborliness of residents
Opportunities to participate in social events and activities
Opportunities to volunteer
Opportunities to participate in community matters
Openness and acceptance of the community toward people
of diverse backgrounds
Please also rate each of the following in the Bozeman community.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
32 217
Residents' connection andengagement with theircommunity, 2022Inclusivity and engagementInclusivity refers to a cultural and environmental feeling ofbelonging; residents who feel invited to participate within theircommunities feel more included, involved, and engaged thanthose who do not.Bozeman as a place to raise childrenBozeman as a place to retireSense of communityPlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good)Residents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)
Making all residents feel welcome
Attracting people from diverse backgrounds
Valuing/respecting residents from diverse backgrounds
Taking care of vulnerable residents
28%
Much
lower
28%
Much
lower
39%
Lower
39%
Lower
33%
Lower
33%
Lower
Please rate the job you feel the Bozeman community does at each of the following.(% excellent or good)
2014 2016 2018 2020 2022
Sense of civic/community pride
Neighborliness of residents
Opportunities to participate in social events and activities
Opportunities to volunteer
Opportunities to participate in community matters
Openness and acceptance of the community toward people
of diverse backgrounds
58%
Similar
58%
Similar
66%59%
Similar
66%59%
Similar
81%77%
Similar
81%77%
Similar
86%81%
Similar
86%81%
Similar
75%65%
Similar
75%65%
Similar
60%44%
Similar
60%44%
Similar
Please also rate each of the following in the Bozeman community.
(% excellent or good)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
33 218
Residents' participation levels
2014 2016 2018 2020 2022
Contacted the City of Bozeman for help or information
Contacted Bozeman elected officials to express your opinion
Attended a local public meeting
Watched a local public meeting
Volunteered your time to some group/activity
Campaigned or advocated for a local issue, cause, or candidate
Voted in your most recent local election
41%
41%
Similar
vs.
benchmark*
41%
41%
Similar
vs.
benchmark*
14%
23%
Similar14%
23%
Similar
23%28%
Similar23%28%
Similar
20%
33%
Similar20%
33%
Similar
64%60%
Much
higher
64%60%
Much
higher
21%27%
Similar21%27%
Similar
83%
Similar
83%
Similar
Please indicate whether or not you have done each of the following in the last 12 months.
(% yes)
2016 2018 2020 2022
Access the internet from your home
Access the internet from your cell phone
Visit social media sites
Use or check email
Share your opinions online
Shop online
95%
Similar
95%
Similar
96%
Similar
96%
Similar
74%
Similar
74%
Similar
99%
Similar
99%
Similar
In general, how many times do you:
(% a few times a week or more)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
34 219
Residents' participation levelsContacted the City of Bozeman for help or informationContacted Bozeman elected officials to express your opinionAttended a local public meetingWatched a local public meetingVolunteered your time to some group/activityCampaigned or advocated for a local issue, cause, or candidateVoted in your most recent local electionPlease indicate whether or not you have done each of the following in the last 12 months.(% yes)Access the internet from your homeAccess the internet from your cell phoneVisit social media sites
Use or check email
Share your opinions online
Shop online
99%
Similar
99%
Similar
23%
Similar
23%
Similar
48%
Similar
48%
Similar
In general, how many times do you:(% a few times a week or more)
* Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
35 220
How likely would you be, if at all, to opt to
increase your utility fees to receive electricity
from renewable sources (wind, solar, etc.)?
Very likely
Somewhat likely
Not at all likely
How much would you support or
oppose an increase in property
taxes to fund the following in
Bozeman?
Combined aquatics/recreation facility and
west side branch of the Bozeman Public
Library
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
New fire station and staff to maintain
citywide service levels relative to growth
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
Currently, the City of Bozeman receives no
local sales tax revenue. How much would you
support or oppose a local option sales tax
that would go to the City to support property
tax relief?
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
Please select the option that best
describes how you think the City
should address each of the
following aspects of the
community.
Economy More effort
Same effort
Less effort
No opinion
Environment More effort
Same effort
Less effort
No opinion
Neighborhoods More effort
Same effort
Less effort
No opinion
Safety More effort
Same effort
Less effort
No opinion
Parks & recreation More effort
Same effort
Less effort
No opinion
Transportation More effort
Same effort
Less effort
No opinion
General government More effort
Same effort
Less effort
No opinion
Housing More effort
Same effort
Less effort
No opinion
Other More effort
Same effort
Less effort
No opinion
24%
33%
43%
20%
15%
37%
28%
11%
10%
46%
32%
38%
17%
18%
27%
2%
11%
38%
49%
1%
7%
47%
45%
3%
8%
57%
32%
2%
10%
74%
13%
Custom questions
Below are the complete set of responses to each custom question on the survey. By default, “don’t know” responses are
excluded, but may be added to the table using the response filter below.
36 221
How likely would you be, if at all, to opt toincrease your utility fees to receive electricityfrom renewable sources (wind, solar, etc.)?Very likelySomewhat likelyNot at all likelyHow much would you support oroppose an increase in propertytaxes to fund the following inBozeman?Combined aquatics/recreation facility andwest side branch of the Bozeman PublicLibrary Strongly supportSomewhat supportSomewhat opposeStrongly opposeNew fire station and staff to maintaincitywide service levels relative to growth Strongly supportSomewhat supportSomewhat opposeStrongly opposeCurrently, the City of Bozeman receives nolocal sales tax revenue. How much would yousupport or oppose a local option sales taxthat would go to the City to support propertytax relief?Strongly supportSomewhat supportSomewhat opposeStrongly opposePlease select the option that bestdescribes how you think the Cityshould address each of thefollowing aspects of thecommunity.Economy More effortSame effortLess effortNo opinionEnvironmentMore effortSame effortLess effortNo opinionNeighborhoodsMore effortSame effortLess effort
No opinion
Safety More effort
Same effort
Less effort
No opinion
Parks & recreation More effort
Same effort
Less effort
No opinion
Transportation More effort
Same effort
Less effort
No opinion
General government More effort
Same effort
Less effort
No opinion
Housing More effort
Same effort
Less effort
No opinion
Other More effort
Same effort
Less effort
No opinion
2%
10%
74%
13%
1%
10%
71%
17%
1%
9%
46%
44%
9%
12%
56%
23%
1%
5%
9%
84%
67%
2%
10%
20%
Custom questionsBelow are the complete set of responses to each custom question on the survey. By default, “don’t know” responses areexcluded, but may be added to the table using the response filter below.Include "don't know"No
37 222
Open-ended questions
Bozeman included one open-ended question on their survey. The verbatim responses were categorized by topic area and those
topics are reported below with the percent of responses given in each category. Because some comments from residents covered
more than a single topic, those verbatim responses are grouped by the first topic listed in each comment. Shown in the chart
below, many of the write-in comments from residents related to aspects of housing and growth. Generally, comments related to
housing affordability and housing inventory in Bozeman were categorized as "housing;" comments related to restricting
housing growth and development were categorized as "neighborhoods"(which also includes comments related to planning and
responsible growth); finally, comments related to residential property taxes were categorized under "general governemnt."
Housing
Transportation
Neighborhoods
Environment
General government
Economy
Other
Parks and Recreation
Safety
Don't know/NA 1%
2%
2%
2%
4%
4%
8%
9%
11%
57%
Of the areas above, which is the single most important for the City to
increase efforts? If you chose ‘other,'please explain.
38 223
% positiveRankNumber ofcommunitiesPercentilePlease rate each of the
following aspects of
quality of life in Bozeman.
Bozeman as a place to live Similar
Your neighborhood as a place to live Similar
Bozeman as a place to raise children Similar
Bozeman as a place to work Similar
Bozeman as a place to visit Higher
Bozeman as a place to retire Lower
The overall quality of life Similar
Sense of community Similar
Please rate each of the
following characteristics
as they relate to Bozeman
as a whole.
Overall economic health Lower
Overall quality of the transportation system Similar
Overall design or layout of residential and commercial areas Lower
Overall quality of the utility infrastructure Similar
Overall feeling of safety Similar
Overall quality of natural environment Higher
3434422680%
2929620978%
5034817282%
2533925452%
852974386%
1634428752%
2337028469%
1729624554%
1128425240%
3216911545%
527726441%
4016510067%
7033410189%
National benchmark tables
This table contains the comparisons of Bozeman's results to those from other communities. The first column shows the comparison of
Bozeman's rating to the benchmark. Bozeman's results are noted as being “higher”, “lower” or “similar” to the benchmark, meaning
that the average rating given by Bozeman residents is statistically similar to or different than the benchmark. The second column is
Bozeman's “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options
(i.e., excellent/good). The third column is the rank assigned to Bozeman's rating among communities where a similar question was
asked. The fourth column is the number of communities that asked a similar question. The fifth column shows the percentile for
Bozeman's result -- that is what percent of surveyed communities had a lower rating than Bozeman.
39 224
Please rate each of the
following characteristics
as they relate to Bozeman
as a whole.
Overall feeling of safety Similar
Overall quality of natural environment Higher
Overall quality of parks and recreation opportunities Similar
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
Residents' connection and engagement with their community Similar
Please indicate how likely
or unlikely you are to do
each of the following.
Recommend living in Bozeman to someone who asks Much lower
Remain in Bozeman for the next five years Lower
Please rate how safe or
unsafe you feel:
In your neighborhood during the day Similar
In Bozeman's downtown/commercial area during the day Similar
From property crime Similar
From violent crime Similar
From fire, flood, or other natural disaster Similar
Please rate the job you feel
the Bozeman community
does at each of the
following.
Making all residents feel welcome Similar
Attracting people from diverse backgrounds Much lower
Valuing/respecting residents from diverse backgrounds Lower
Taking care of vulnerable residents Lower
Please rate each of the
following in the Bozeman
community.
Overall quality of business and service establishments Similar
Variety of business and service establishments Similar
Vibrancy of downtown/commercial area Much higher
852864289%
791703688%
772796582%
6228110671%
3816610353%
028828746%
528526970%
813155996%
6429910893%
791743784%
701745290%
401649982%
917215657%
216916528%
317016539%
616615633%
792846081%
591666868%
40 225
Please rate each of the
following in the Bozeman
community.
Variety of business and service establishments Similar
Vibrancy of downtown/commercial area Much higher
Employment opportunities Similar
Shopping opportunities Similar
Cost of living Much lower
Overall image or reputation Similar
Please also rate each of the
following in the Bozeman
community.
Traffic flow on major streets Lower
Ease of public parking Lower
Ease of travel by car Similar
Ease of travel by public transportation Similar
Ease of travel by bicycle Similar
Ease of walking Similar
Well-planned residential growth Much lower
Well-planned commercial growth Lower
Well-designed neighborhoods Lower
Preservation of the historical or cultural character of the
community Lower
Public places where people want to spend time Similar
Variety of housing options Much lower
Availability of affordable quality housing Much lower
Overall quality of new development Much lower
942661583%
6430010952%
6429110465%
02782774%
3633921666%
1931225231%
426024924%
2629922160%
4126015233%
4030118049%
5030215268%
116816618%
1116814926%
716515339%
816515251%
662729172%
12842828%
03063063%
41 226
Please also rate each of the
following in the Bozeman
community.
Availability of affordable quality housing Much lower
Overall quality of new development Much lower
Overall appearance Similar
Cleanliness Similar
Water resources Similar
Air quality Similar
Availability of paths and walking trails Higher
Fitness opportunities Higher
Recreational opportunities Much higher
Availability of affordable quality food Similar
Availability of affordable quality health care Lower
Availability of preventive health services Similar
Availability of affordable quality mental health care Lower
Opportunities to attend cultural/arts/music activities Similar
Community support for the arts Higher
Availability of affordable quality childcare/preschool Much lower
K-12 education Similar
Adult educational opportunities Similar
Sense of civic/community pride Similar
Neighborliness of residents Similar
229629022%
4331818273%
5430613982%
671505071%
652719485%
833035085%
942721787%
98293691%
1626622454%
1427523643%
2726119156%
826224225%
772896673%
831652975%
127327116%
6227610479%
702698165%
3716510458%
42 227
Please also rate each of the
following in the Bozeman
community.
Sense of civic/community pride Similar
Neighborliness of residents Similar
Opportunities to participate in social events and activities Similar
Opportunities to attend special events and festivals Similar
Opportunities to volunteer Similar
Opportunities to participate in community matters Similar
Openness and acceptance of the community toward people of
diverse backgrounds Similar
Please indicate whether or
not you have done each of
the following in the last 12
months.
Contacted the City of Bozeman for help or information Similar
Contacted Bozeman elected officials to express your opinion Similar
Attended a local public meeting Similar
Watched a local public meeting Similar
Volunteered your time to some group/activity Much higher
Campaigned or advocated for a local issue, cause, or candidate Similar
Voted in your most recent local election Similar
Used public transportation instead of driving Similar
Carpooled with other adults or children instead of driving alone Much higher
Walked or biked instead of driving Much higher
Please rate the quality of
each of the following
services in Bozeman.
Public information services Similar
Economic development Similar
Traffic enforcement Lower
2727319759%
822805177%
772786378%
852764081%
6227910765%
1129626244%
2931422141%
822724823%
882743328%
802555133%
97277760%
822664727%
771673983%
712487124%
98269563%
932731981%
3229219667%
1728523642%
43 228
Please rate the quality of
each of the following
services in Bozeman.
Economic development Similar
Traffic enforcement Lower
Traffic signal timing Similar
Street repair Similar
Street cleaning Similar
Street lighting Similar
Snow removal Lower
Sidewalk maintenance Similar
Bus or transit services Similar
Land use, planning and zoning Lower
Code enforcement Similar
Affordable high-speed internet access Similar
Garbage collection Similar
Drinking water Higher
Sewer services Similar
Storm water management Similar
Power (electric and/or gas) utility Similar
Utility billing Similar
Police/Sheriff services Similar
Crime prevention Similar
933330246%
1127724545%
3732820742%
6029011671%
5832013467%
1524620851%
3228619355%
5825710756%
329328425%
3132622342%
2516212145%
6130911989%
952881390%
912912792%
843054883%
3423015175%
3725716166%
1836029673%
44 229
Please rate the quality of
each of the following
services in Bozeman.
Police/Sheriff services Similar
Crime prevention Similar
Animal control Similar
Ambulance or emergency medical services Similar
Fire services Similar
Fire prevention and education Similar
Emergency preparedness Similar
Preservation of natural areas Lower
Bozeman open space Similar
Recycling Much lower
Yard waste pick-up Lower
City parks Similar
Recreation programs or classes Similar
Recreation centers or facilities Similar
Health services Similar
Public library services Similar
Overall customer service by Bozeman employees Similar
Please rate the following
categories of Bozeman
government performance.
The value of services for the taxes paid to Bozeman Similar
The overall direction that Bozeman is taking Much lower
The job Bozeman government does at welcoming resident
involvement
Similar
5633214679%
4330317269%
1229826381%
2532324390%
2228822372%
1428724752%
1127024051%
3726216656%
331230132%
1726722060%
5230514584%
4329816972%
2028222461%
3325617164%
803036093%
2434826374%
2335227141%
031731622%
45 230
Please rate the following
categories of Bozeman
government performance.
The overall direction that Bozeman is taking Much lower
The job Bozeman government does at welcoming resident
involvement Similar
Overall confidence in Bozeman government Lower
Generally acting in the best interest of the community Lower
Being honest Lower
Being open and transparent to the public Lower
Informing residents about issues facing the community Lower
Treating all residents fairly Lower
Treating residents with respect Similar
Overall, how would you
rate the quality of the
services provided by each
of the following?
The City of Bozeman Similar
The Federal Government Similar
Please rate how important,
if at all, you think it is for
the Bozeman community to
focus on each of the
following in the coming
two years.
Overall economic health Similar
Overall quality of the transportation system Similar
Overall design or layout of residential and commercial areas Similar
Overall quality of the utility infrastructure Similar
Overall feeling of safety Lower
Overall quality of natural environment Similar
Overall quality of parks and recreation opportunities Similar
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
2131524740%
728226131%
328627630%
1327724140%
1117115338%
1017615835%
1128325240%
2016813457%
1734428660%
926624330%
1725721180%
571647071%
882573083%
1316314283%
025725662%
922572084%
481648572%
2125720267%
46 231
Please rate how important,
if at all, you think it is for
the Bozeman community to
focus on each of the
following in the coming
two years.
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
Residents' connection and engagement with their community Similar
In general, how many times
do you:
Access the internet from your home Similar
Access the internet from your cell phone Similar
Visit social media sites Similar
Use or check email Similar
Share your opinions online Similar
Shop online Similar
Please rate your overall health.Similar
What impact, if any, do you think the economy will have on your
family income in the next 6 months? Do you think the impact will be:Lower
625724063%
1225722463%
541647595%
831642896%
1216314474%
821643099%
716415223%
2016413148%
942681681%
527025714%
47 232
% positiveRankNumber ofcommunitiesPercentilePlease rate each of the
following aspects of
quality of life in Bozeman.
Bozeman as a place to live Similar
Your neighborhood as a place to live Similar
Bozeman as a place to raise children Similar
Bozeman as a place to work Similar
Bozeman as a place to visit Higher
Bozeman as a place to retire Lower
The overall quality of life Similar
Sense of community Similar
Please rate each of the
following characteristics
as they relate to Bozeman
as a whole.
Overall economic health Lower
Overall quality of the transportation system Similar
Overall design or layout of residential and commercial areas Lower
Overall quality of the utility infrastructure Similar
Overall feeling of safety Similar
Overall quality of natural environment Higher
Overall quality of parks and recreation opportunities Similar
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
321258680%
261138478%
471276882%
221239652%
92110986%
1512510752%
2013510769%
171149554%
111099740%
26695245%
410510141%
34674567%
721213489%
901091189%
82681388%
741062882%
Custom benchmark tables
This table contains the comparisons of Bozeman's results to those from other communities with similar population sizes (between
25,000 and 75,000). The first column shows the comparison of Bozeman's rating to the benchmark. Bozeman's results are noted as
being “higher”, “lower” or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statistically
similar to or different than the benchmark. The second column is Bozeman's “percent positive.” Most commonly, the percent positive is
the combination of the top two most positive response options (i.e., excellent/good). The third column is the rank assigned to
Bozeman's rating among communities where a similar question was asked. The fourth column is the number of communities that asked
a similar question. The fifth column shows the percentile for Bozeman's result -- that is what percent of surveyed communities had a
lower rating than Bozeman.
48 233
Please rate each of the
following characteristics
as they relate to Bozeman
as a whole.
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
Residents' connection and engagement with their community Similar
Please indicate how likely
or unlikely you are to do
each of the following.
Recommend living in Bozeman to someone who asks Much lower
Remain in Bozeman for the next five years Lower
Please rate how safe or
unsafe you feel:
In your neighborhood during the day Similar
In Bozeman's downtown/commercial area during the day Similar
From property crime Similar
From violent crime Similar
From fire, flood, or other natural disaster Similar
Please rate the job you feel
the Bozeman community
does at each of the
following.
Making all residents feel welcome Lower
Attracting people from diverse backgrounds Much lower
Valuing/respecting residents from diverse backgrounds Lower
Taking care of vulnerable residents Lower
Please rate each of the
following in the Bozeman
community.
Overall quality of business and service establishments Similar
Variety of business and service establishments Similar
Vibrancy of downtown/commercial area Much higher
Employment opportunities Similar
Shopping opportunities Similar
Cost of living Much lower
Overall image or reputation Similar
Please also rate each of the
following in the Bozeman
community.
Traffic flow on major streets Lower
Ease of public parking Much lower
Ease of travel by car Similar
591084571%
38684353%
010910946%
710910270%
841181996%
651113993%
83661284%
72661990%
34674582%
8736857%
4716928%
4716939%
5686533%
761102781%
64682568%
95100683%
561135052%
621144465%
01041044%
371227766%
201179431%
110510424%
49 234
Please also rate each of the
following in the Bozeman
community.
Ease of public parking Much lower
Ease of travel by car Similar
Ease of travel by public transportation Similar
Ease of travel by bicycle Similar
Ease of walking Similar
Well-planned residential growth Much lower
Well-planned commercial growth Lower
Well-designed neighborhoods Lower
Preservation of the historical or cultural character of the
community Lower
Public places where people want to spend time Similar
Variety of housing options Much lower
Availability of affordable quality housing Much lower
Overall quality of new development Much lower
Overall appearance Similar
Cleanliness Similar
Water resources Similar
Air quality Similar
Availability of paths and walking trails Higher
Fitness opportunities Higher
Recreational opportunities Much higher
Availability of affordable quality food Lower
Availability of affordable quality health care Lower
Availability of preventive health services Similar
Availability of affordable quality mental health care Lower
191159460%
331036933%
331157849%
431176768%
2686718%
11686126%
7666239%
7676351%
671043572%
01101108%
01121123%
211211022%
421197073%
541165482%
67612171%
621044085%
851101785%
94104787%
100110191%
91029354%
111049343%
241017756%
50 235
Please also rate each of the
following in the Bozeman
community.
Availability of preventive health services Similar
Availability of affordable quality mental health care Lower
Opportunities to attend cultural/arts/music activities Similar
Community support for the arts Higher
Availability of affordable quality childcare/preschool Much lower
K-12 education Similar
Adult educational opportunities Similar
Sense of civic/community pride Similar
Neighborliness of residents Similar
Opportunities to participate in social events and activities Similar
Opportunities to attend special events and festivals Similar
Opportunities to volunteer Similar
Opportunities to participate in community matters Similar
Openness and acceptance of the community toward people of
diverse backgrounds Similar
Please indicate whether or
not you have done each of
the following in the last 12
months.
Contacted the City of Bozeman for help or information Similar
Contacted Bozeman elected officials to express your opinion Similar
Attended a local public meeting Higher
Watched a local public meeting Higher
Volunteered your time to some group/activity Much higher
Campaigned or advocated for a local issue, cause, or candidate Similar
Voted in your most recent local election Similar
Used public transportation instead of driving Similar
Carpooled with other adults or children instead of driving alone Much higher
Walked or biked instead of driving Much higher
8999225%
831101973%
8967875%
110210116%
631064079%
661033665%
40674158%
241037859%
851071777%
771082578%
911061081%
621064165%
111119944%
331157741%
94104723%
96106528%
911001033%
100105160%
881021327%
80681483%
72982824%
99102263%
51 236
Please indicate whether or
not you have done each of
the following in the last 12
months.
Carpooled with other adults or children instead of driving alone Much higher
Walked or biked instead of driving Much higher
Please rate the quality of
each of the following
services in Bozeman.
Public information services Similar
Economic development Lower
Traffic enforcement Lower
Traffic signal timing Similar
Street repair Similar
Street cleaning Similar
Street lighting Similar
Snow removal Lower
Sidewalk maintenance Similar
Bus or transit services Similar
Land use, planning and zoning Lower
Code enforcement Similar
Affordable high-speed internet access Similar
Garbage collection Similar
Drinking water Higher
Sewer services Similar
Storm water management Similar
Power (electric and/or gas) utility Similar
Utility billing Similar
Police/Sheriff services Similar
Crime prevention Similar
Animal control Similar
94102781%
301097667%
121089542%
712411646%
610610045%
281238942%
541115171%
501216067%
12948251%
261108255%
47985256%
111311225%
271208842%
23675245%
531135489%
93110890%
861091692%
781112583%
29946775%
331016866%
1313011473%
541225779%
52 237
Please rate the quality of
each of the following
services in Bozeman.
Crime prevention Similar
Animal control Similar
Ambulance or emergency medical services Similar
Fire services Similar
Fire prevention and education Similar
Emergency preparedness Lower
Preservation of natural areas Lower
Bozeman open space Similar
Recycling Much lower
Yard waste pick-up Lower
City parks Similar
Recreation programs or classes Similar
Recreation centers or facilities Similar
Health services Similar
Public library services Similar
Overall customer service by Bozeman employees Similar
Please rate the following
categories of Bozeman
government performance.
The value of services for the taxes paid to Bozeman Similar
The overall direction that Bozeman is taking Much lower
The job Bozeman government does at welcoming resident
involvement Similar
Overall confidence in Bozeman government Lower
Generally acting in the best interest of the community Lower
Being honest Lower
Being open and transparent to the public Lower
Informing residents about issues facing the community Lower
361137369%
810810081%
201149290%
201068572%
151129652%
81039551%
331026956%
511310832%
111059460%
461136284%
381127072%
171099161%
26957164%
761122793%
1912310074%
1612610541%
011411422%
151159840%
71059831%
210610430%
81049640%
11706338%
53 238
Please rate the following
categories of Bozeman
government performance.
Being open and transparent to the public Lower
Informing residents about issues facing the community Lower
Treating all residents fairly Lower
Treating residents with respect Similar
Overall, how would you
rate the quality of the
services provided by each
of the following?
The City of Bozeman Similar
The Federal Government Similar
Please rate how important,
if at all, you think it is for
the Bozeman community to
focus on each of the
following in the coming
two years.
Overall economic health Similar
Overall quality of the transportation system Similar
Overall design or layout of residential and commercial areas Similar
Overall quality of the utility infrastructure Similar
Overall feeling of safety Much lower
Overall quality of natural environment Similar
Overall quality of parks and recreation opportunities Similar
Overall health and wellness opportunities Similar
Overall opportunities for education, culture, and the arts Similar
Residents' connection and engagement with their community Similar
In general, how many times
do you:
Access the internet from your home Similar
Access the internet from your cell phone Similar
Visit social media sites Similar
Use or check email Similar
Share your opinions online Similar
Shop online Similar
Please rate your overall health.Similar
What impact, if any, do you think the economy will have on your
family income in the next 6 months? Do you think the impact will be:
Lower
8716635%
610710140%
16685857%
1012311160%
91009230%
151018680%
65672471%
92101983%
16675783%
010110162%
96101584%
46673772%
211018067%
61019563%
151018663%
57662995%
81661396%
7666274%
83661299%
7666223%
24665148%
96102581%
54 239
Please rate your overall health.Similar
What impact, if any, do you think the economy will have on your
family income in the next 6 months? Do you think the impact will be:Lower 51039814%
55 240
Please rate each of the following
aspects of quality of life in Bozeman.
Bozeman as a place to live Excellent
Good
Fair
Poor
Your neighborhood as a place to live Excellent
Good
Fair
Poor
Bozeman as a place to raise children Excellent
Good
Fair
Poor
Bozeman as a place to work Excellent
Good
Fair
Poor
Bozeman as a place to visit Excellent
Good
Fair
Poor
Bozeman as a place to retire Excellent
Good
Fair
Poor
The overall quality of life Excellent
Good
Fair
Poor
Excellent
2%
18%
46%
34%
4%
18%
39%
38%
5%
13%
40%
43%
17%
31%
35%
18%
4%
11%
34%
52%
28%
20%
28%
24%
4%
27%
48%
20%
Complete set of frequencies
This dashboard contains a complete set of responses to each question on the survey. By default, "don't know" responses are excluded, but
may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because
the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due
to the customary practice of rounding values to the nearest whole number.
56 241
Please rate each of the following
aspects of quality of life in Bozeman.
The overall quality of life Poor
Sense of community Excellent
Good
Fair
Poor
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall economic health Excellent
Good
Fair
Poor
Overall quality of the transportation system Excellent
Good
Fair
Poor
Overall design or layout of residential and
commercial areas
Excellent
Good
Fair
Poor
Overall quality of the utility infrastructure Excellent
Good
Fair
Poor
Overall feeling of safety Excellent
Good
Fair
Poor
Overall quality of natural environment Excellent
Good
Fair
Poor
Overall quality of parks and recreation
opportunities
Excellent
Good
Fair
Poor
17%
29%
39%
14%
24%
37%
30%
10%
21%
33%
36%
10%
22%
37%
34%
7%
10%
23%
51%
16%
2%
8%
47%
42%
3%
8%
38%
50%
9%
40%
48%
57 242
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall quality of parks and recreation
opportunities
Fair
Poor
Overall health and wellness opportunities Excellent
Good
Fair
Poor
Overall opportunities for education, culture, and
the arts
Excellent
Good
Fair
Poor
Residents' connection and engagement with their
community
Excellent
Good
Fair
Poor
Please indicate how likely or unlikely
you are to do each of the following.
Recommend living in Bozeman to someone who
asks
Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
Remain in Bozeman for the next five years Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
Please rate how safe or unsafe you
feel:
In your neighborhood during the day Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
In Bozeman's downtown/commercial area during
the day
Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
From property crime Very safe
Somewhat safe
Neither safe nor unsafe
3%
4%
14%
47%
34%
6%
23%
46%
25%
11%
35%
42%
11%
31%
22%
32%
15%
17%
13%
28%
42%
1%
3%
12%
84%
2%
6%
22%
71%
38%
46%
58 243
Please rate how safe or unsafe you
feel:
From property crime
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
Very unsafe
From violent crime Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
Very unsafe
From fire, flood, or other natural disaster Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
Very unsafe
Please rate the job you feel the
Bozeman community does at each of
the following.
Making all residents feel welcome Excellent
Good
Fair
Poor
Attracting people from diverse backgrounds Excellent
Good
Fair
Poor
Valuing/respecting residents from diverse
backgrounds
Excellent
Good
Fair
Poor
Taking care of vulnerable residents Excellent
Good
Fair
Poor
Please rate each of the following in
the Bozeman community.
Overall quality of business and service
establishments
Excellent
Good
Fair
1%
6%
10%
0%
2%
7%
31%
59%
1%
6%
12%
40%
42%
14%
29%
46%
11%
34%
38%
19%
9%
19%
42%
27%
13%
32%
35%
28%
5%
56%
24%
59 244
Please rate each of the following in
the Bozeman community.
Overall quality of business and service
establishments
Good
Fair
Poor
Variety of business and service establishments Excellent
Good
Fair
Poor
Vibrancy of downtown/commercial area Excellent
Good
Fair
Poor
Employment opportunities Excellent
Good
Fair
Poor
Shopping opportunities Excellent
Good
Fair
Poor
Cost of living Excellent
Good
Fair
Poor
Overall image or reputation Excellent
Good
Fair
Poor
Please also rate each of the following
in the Bozeman community.
Traffic flow on major streets Excellent
Good
Fair
Poor
Ease of public parking Excellent
Good
2%
17%
6%
26%
50%
18%
2%
15%
48%
35%
17%
31%
35%
17%
10%
25%
48%
17%
84%
12%
4%
0%
6%
28%
48%
18%
27%
42%
26%
5%
6%
60 245
Please also rate each of the following
in the Bozeman community.
Ease of public parking
Excellent
Good
Fair
Poor
Ease of travel by car Excellent
Good
Fair
Poor
Ease of travel by public transportation Excellent
Good
Fair
Poor
Ease of travel by bicycle Excellent
Good
Fair
Poor
Ease of walking Excellent
Good
Fair
Poor
Well-planned residential growth Excellent
Good
Fair
Poor
Well-planned commercial growth Excellent
Good
Fair
Poor
Well-designed neighborhoods Excellent
Good
Fair
Poor
Excellent
30%
46%
18%
10%
30%
49%
11%
35%
32%
28%
6%
19%
33%
39%
10%
11%
21%
46%
22%
49%
33%
14%
4%
36%
38%
23%
3%
25%
37%
33%
6%
61 246
Please also rate each of the following
in the Bozeman community.
Well-designed neighborhoods Poor
Preservation of the historical or cultural character
of the community
Excellent
Good
Fair
Poor
Public places where people want to spend time Excellent
Good
Fair
Poor
Variety of housing options Excellent
Good
Fair
Poor
Availability of affordable quality housing Excellent
Good
Fair
Poor
Overall quality of new development Excellent
Good
Fair
Poor
Overall appearance Excellent
Good
Fair
Poor
Cleanliness Excellent
Good
Fair
Poor
Water resources Excellent
Good
Fair
Poor
22%
27%
43%
8%
6%
22%
52%
21%
67%
25%
6%
2%
91%
6%
2%
1%
37%
40%
20%
2%
5%
23%
52%
21%
3%
15%
56%
26%
23%
47%
25%
62 247
Please also rate each of the following
in the Bozeman community.
Water resources
Fair
Poor
Air quality Excellent
Good
Fair
Poor
Availability of paths and walking trails Excellent
Good
Fair
Poor
Fitness opportunities Excellent
Good
Fair
Poor
Recreational opportunities Excellent
Good
Fair
Poor
Availability of affordable quality food Excellent
Good
Fair
Poor
Availability of affordable quality health care Excellent
Good
Fair
Poor
Availability of preventive health services Excellent
Good
Fair
Poor
Availability of affordable quality mental health
care
Excellent
Good
Fair
6%
1%
13%
50%
36%
2%
13%
42%
44%
1%
12%
38%
49%
1%
9%
28%
62%
14%
32%
45%
9%
19%
38%
37%
7%
12%
32%
47%
9%
21%
4%
63 248
Please also rate each of the following
in the Bozeman community.
Availability of affordable quality mental health
care
Good
Fair
Poor
Opportunities to attend cultural/arts/music
activities
Excellent
Good
Fair
Poor
Community support for the arts Excellent
Good
Fair
Poor
Availability of affordable quality
childcare/preschool
Excellent
Good
Fair
Poor
K-12 education Excellent
Good
Fair
Poor
Adult educational opportunities Excellent
Good
Fair
Poor
Sense of civic/community pride Excellent
Good
Fair
Poor
Neighborliness of residents Excellent
Good
Fair
Poor
Opportunities to participate in social events andactivities Excellent
Good
42%
33%
4%
24%
54%
19%
4%
21%
50%
25%
56%
28%
13%
3%
4%
18%
46%
33%
9%
26%
47%
18%
10%
32%
47%
11%
11%
31%
45%
13%
18%
64 249
Please also rate each of the following
in the Bozeman community.
Opportunities to participate in social events and
activities
Excellent
Good
Fair
Poor
Opportunities to attend special events and
festivals
Excellent
Good
Fair
Poor
Opportunities to volunteer Excellent
Good
Fair
Poor
Opportunities to participate in community
matters
Excellent
Good
Fair
Poor
Openness and acceptance of the community
toward people of diverse backgrounds
Excellent
Good
Fair
Poor
Please indicate whether or not you
have done each of the following in the
last 12 months.
Contacted the City of Bozeman for help or
information
No
Yes
Contacted Bozeman elected officials to express
your opinion
No
Yes
Attended a local public meeting No
Yes
Watched a local public meeting No
Yes
Volunteered your time to some group/activity No
Yes
Campaigned or advocated for a local issue, cause,
or candidate
No
Yes
No
3%
21%
59%
3%
19%
56%
21%
2%
17%
52%
29%
7%
29%
48%
17%
19%
37%
32%
12%
41%
59%
23%
77%
28%
72%
33%
67%
60%
40%
27%
73%
65 250
Please indicate whether or not you
have done each of the following in the
last 12 months.
Campaigned or advocated for a local issue, cause,
or candidate Yes
Voted in your most recent local election No
Yes
Used public transportation instead of driving No
Yes
Carpooled with other adults or children instead of
driving alone
No
Yes
Walked or biked instead of driving No
Yes
Please rate the quality of each of the
following services in Bozeman.
Public information services Excellent
Good
Fair
Poor
Economic development Excellent
Good
Fair
Poor
Traffic enforcement Excellent
Good
Fair
Poor
Traffic signal timing Excellent
Good
Fair
Poor
Street repair Excellent
Good
Fair
Poor
Street cleaning Excellent
Good
Fair
Poor
83%
17%
24%
76%
62%
38%
81%
19%
3%
31%
61%
5%
19%
39%
35%
7%
19%
35%
40%
6%
25%
30%
40%
4%
19%
39%
37%
5%
25%
54%
17%
66 251
Please rate the quality of each of the
following services in Bozeman.
Street cleaning
Fair
Poor
Street lighting Excellent
Good
Fair
Poor
Snow removal Excellent
Good
Fair
Poor
Sidewalk maintenance Excellent
Good
Fair
Poor
Bus or transit services Excellent
Good
Fair
Poor
Land use, planning and zoning Excellent
Good
Fair
Poor
Code enforcement Excellent
Good
Fair
Poor
Affordable high-speed internet access Excellent
Good
Fair
Poor
Garbage collection Excellent
Good
Fair
4%
8%
25%
53%
14%
20%
29%
44%
7%
17%
28%
48%
7%
18%
26%
44%
12%
44%
31%
20%
5%
27%
31%
33%
9%
24%
30%
36%
9%
57%
33%
67 252
Please rate the quality of each of the
following services in Bozeman.
Garbage collection
Good
Fair
Poor
Drinking water Excellent
Good
Fair
Poor
Sewer services Excellent
Good
Fair
Poor
Storm water management Excellent
Good
Fair
Poor
Power (electric and/or gas) utility Excellent
Good
Fair
Poor
Utility billing Excellent
Good
Fair
Poor
Police/Sheriff services Excellent
Good
Fair
Poor
Crime prevention Excellent
Good
Fair
Poor
Animal control Excellent
Good
3%
8%
2%
8%
44%
47%
1%
8%
53%
38%
3%
14%
55%
28%
2%
23%
51%
23%
7%
27%
45%
21%
11%
16%
52%
22%
5%
17%
56%
22%
18%
68 253
Please rate the quality of each of the
following services in Bozeman.
Animal control
Excellent
Good
Fair
Poor
Ambulance or emergency medical services Excellent
Good
Fair
Poor
Fire services Excellent
Good
Fair
Poor
Fire prevention and education Excellent
Good
Fair
Poor
Emergency preparedness Excellent
Good
Fair
Poor
Preservation of natural areas Excellent
Good
Fair
Poor
Bozeman open space Excellent
Good
Fair
Poor
Recycling Excellent
Good
Fair
Poor
Excellent
9%
23%
51%
1%
18%
58%
24%
0%
10%
56%
34%
6%
22%
48%
24%
17%
31%
40%
12%
23%
26%
40%
11%
13%
31%
38%
18%
36%
32%
24%
8%
69 254
Please rate the quality of each of the
following services in Bozeman.
Recycling Poor
Yard waste pick-up Excellent
Good
Fair
Poor
City parks Excellent
Good
Fair
Poor
Recreation programs or classes Excellent
Good
Fair
Poor
Recreation centers or facilities Excellent
Good
Fair
Poor
Health services Excellent
Good
Fair
Poor
Public library services Excellent
Good
Fair
Overall customer service by Bozeman employees Excellent
Good
Fair
Poor
Please rate the following categories
of Bozeman government performance.
The value of services for the taxes paid to
Bozeman
Excellent
Good
Fair
Poor
Excellent
14%
26%
46%
14%
1%
14%
54%
31%
6%
22%
55%
18%
14%
25%
45%
15%
9%
27%
49%
15%
7%
42%
51%
9%
17%
53%
21%
19%
40%
31%
10%
70 255
Please rate the following categories
of Bozeman government performance.
The value of services for the taxes paid to
Bozeman Poor
The overall direction that Bozeman is taking Excellent
Good
Fair
Poor
The job Bozeman government does at welcoming
resident involvement
Excellent
Good
Fair
Poor
Overall confidence in Bozeman government Excellent
Good
Fair
Poor
Generally acting in the best interest of the
community
Excellent
Good
Fair
Poor
Being honest Excellent
Good
Fair
Poor
Being open and transparent to the public Excellent
Good
Fair
Poor
Informing residents about issues facing the
community
Excellent
Good
Fair
Poor
Treating all residents fairly Excellent
Good
Fair
Poor
41%
37%
17%
5%
19%
41%
31%
10%
28%
41%
26%
4%
35%
34%
25%
6%
20%
40%
34%
6%
26%
36%
33%
5%
28%
38%
29%
6%
34%
33%
7%
71 256
Please rate the following categories
of Bozeman government performance.
Treating all residents fairly
Fair
Poor
Treating residents with respect Excellent
Good
Fair
Poor
Overall, how would you rate the
quality of the services provided by
each of the following?
The City of Bozeman Excellent
Good
Fair
Poor
The Federal Government Excellent
Good
Fair
Poor
Please rate how important, if at all,
you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Overall economic health Essential
Very important
Somewhat important
Not at all important
Overall quality of the transportation system Essential
Very important
Somewhat important
Not at all important
Overall design or layout of residential and
commercial areas
Essential
Very important
Somewhat important
Not at all important
Overall quality of the utility infrastructure Essential
Very important
Somewhat important
Not at all important
Overall feeling of safety Essential
Very important
Somewhat important
26%
16%
28%
45%
12%
9%
31%
49%
11%
30%
40%
27%
3%
2%
18%
31%
49%
4%
25%
36%
35%
3%
14%
37%
46%
3%
15%
41%
42%
34%
28%
72 257
Please rate how important, if at all,
you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Overall feeling of safety
Very important
Somewhat important
Not at all important
Overall quality of natural environment Essential
Very important
Somewhat important
Not at all important
Overall quality of parks and recreation
opportunities
Essential
Very important
Somewhat important
Not at all important
Overall health and wellness opportunities Essential
Very important
Somewhat important
Not at all important
Overall opportunities for education, culture, and
the arts
Essential
Very important
Somewhat important
Not at all important
Residents' connection and engagement with their
community
Essential
Very important
Somewhat important
Not at all important
How likely would you be, if at all, to opt to
increase your utility fees to receive electricity
from renewable sources (wind, solar, etc.)?
Very likely
Somewhat likely
Not at all likely
How much would you support or
oppose an increase in property taxes
to fund the following in Bozeman?
Combined aquatics/recreation facility and west
side branch of the Bozeman Public Library
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
New fire station and staff to maintain citywide
service levels relative to growth
Strongly support
Somewhat support
Somewhat oppose
6%
32%
1%
15%
29%
55%
2%
25%
33%
40%
5%
29%
36%
31%
5%
32%
37%
27%
4%
32%
41%
23%
24%
33%
43%
20%
15%
37%
28%
46%
32%
73 258
How much would you support or
oppose an increase in property taxes
to fund the following in Bozeman?
New fire station and staff to maintain citywide
service levels relative to growth
Somewhat support
Somewhat oppose
Strongly oppose
Currently, the City of Bozeman receives no local
sales tax revenue. How much would you support
or oppose a local option sales tax that would go
to the City to support property tax relief?
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
Please select the option that best
describes how you think the City
should address each of the following
aspects of the community.
Economy More effort
Same effort
Less effort
No opinion
Environment More effort
Same effort
Less effort
No opinion
Neighborhoods More effort
Same effort
Less effort
No opinion
Safety More effort
Same effort
Less effort
No opinion
Parks & recreation More effort
Same effort
Less effort
No opinion
Transportation More effort
Same effort
Less effort
No opinion
General government More effort
Same effort
11%
10%
38%
17%
18%
27%
2%
11%
38%
49%
1%
7%
47%
45%
3%
8%
57%
32%
2%
10%
74%
13%
1%
10%
71%
17%
1%
9%
46%
44%
23%
74 259
Please select the option that best
describes how you think the City
should address each of the following
aspects of the community.
General government
More effort
Same effort
Less effort
No opinion
Housing More effort
Same effort
Less effort
No opinion
Other More effort
Same effort
Less effort
No opinion
In general, how many times do you:Access the internet from your home Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Access the internet from your cell phone Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Visit social media sites Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Use or check email Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Several times a day
9%
12%
56%
1%
5%
9%
84%
67%
2%
10%
20%
3%
1%
3%
8%
85%
3%
1%
1%
3%
92%
21%
5%
10%
14%
50%
1%
0%
4%
15%
80%
75 260
In general, how many times do you:
Use or check email Less often or never
Share your opinions online Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Shop online Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Please rate your overall health.Excellent
Very good
Good
Fair
What impact, if any, do you think the economy will
have on your family income in the next 6 months?
Do you think the impact will be:
Very positive
Somewhat positive
Neutral
Somewhat negative
Very negative
How many years have you lived in Bozeman?Less than 2 years
2-5 years
6-10 years
11-20 years
More than 20 years
Which best describes the building you live in?One family house detached from
any other houses
Building with two or more
homes (duplex, townhome, apa..
Mobile home
Other
Do you rent or own your home?Rent
Own
About how much is your monthly housing cost for
the place you live (including rent, mortgage
payment, property tax, property insurance and
homeowners' association (HOA) fees)?
Less than $500
$500 to $999
60%
17%
11%
4%
8%
12%
41%
32%
9%
6%
3%
15%
43%
39%
17%
36%
34%
11%
3%
26%
18%
22%
26%
9%
1%
2%
58%
39%
43%
57%
4%
76 261
About how much is your monthly housing cost for
the place you live (including rent, mortgage
payment, property tax, property insurance and
homeowners' association (HOA) fees)?
Less than $500
$500 to $999
$1,000 to $1,499
$1,500 to $1,999
$2,000 to $2,499
$2,500 to $2,999
$3,000 to $3,499
$3,500 or more
Do any children 17 or under live in your
household?
No
Yes
Are you or any other members of your household
aged 65 or older?
No
Yes
How much do you anticipate your household's
total income before taxes will be for the current
year? (Please include in your total income money
from all sources for all persons living in your
household.)
Less than $25,000
$25,000 to $49,999
$50,000 to $74,999
$75,000 to $99,999
$100,000 to $149,999
$150,000 or more
Are you Spanish, Hispanic or Latino?No, not Spanish, Hispanic, or
Latino
Yes, I consider myself to be
Spanish, Hispanic, or Latino
What is your race? (Mark one or more races to
indicate what race you consider yourself to be.)
American Indian or Alaskan
Native
Asian, Asian Indian, or Pacific
Islander
Black or African American
White
Other
In which category is your age?18-24 years
25-34 years
35-44 years
45-54 years
55-64 years
65-74 years
75 years or older
Female
5%
5%
7%
18%
25%
18%
18%
19%
81%
15%
85%
18%
20%
16%
23%
16%
7%
4%
96%
3%
97%
1%
2%
3%
5%
8%
7%
11%
11%
44%
14%
77 262
In which category is your age?75 years or older
What is your sex?Female
Male
Identify in another way
What is your sexual orientation?Asexual
Bisexual
Gay
Heterosexual
Lesbian
Pansexual
Queer
Other
1%
52%
47%
2%
2%
0%
1%
85%
1%
6%
2%
78 263
2005200720152022Please rate each of the following
aspects of quality of life in
Bozeman.
Bozeman as a place to live
Your neighborhood as a place to live
Bozeman as a place to raise children
Bozeman as a place to work
Bozeman as a place to visit
Bozeman as a place to retire
The overall quality of life
Sense of community
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall economic health
Overall quality of the transportation system
Overall design or layout of residential and commercial areas
Overall quality of the utility infrastructure
Overall feeling of safety
Overall quality of natural environment
Overall quality of parks and recreation opportunities
54%
69%
52%
86%
52%
82%
78%
80%
66%
90%
67%
93%
57%
89%
82%
90%
60%
83%
63%
51%
81%
80%
87%
68%
84%
62%
39%
85%
78%
93%
89%
89%
67%
41%
45%
40%
87%
92%
64%
66%
Full trends
This table contains the trends over time for the City of Bozeman. The combined "percent positive" responses for each
survey year are presented (e.g., excellent/good or yes). If an item was not included during an administration of the survey,
no percentage will be shown in the table. If the difference between the 2015 and 2022 surveys is greater than seven
percentage points, the change is statistically significant.
It is important to note that in 2020, The NCS survey was updated to include new and refreshed items. Consequently, some
of the trends may be impacted due to wording modifications that could have potentially altered the meaning of the item
for the respondent.
90 264
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall quality of natural environment
Overall quality of parks and recreation opportunities
Overall health and wellness opportunities
Overall opportunities for education, culture, and the arts
Residents' connection and engagement with their community
Please indicate how likely or
unlikely you are to do each of the
following.
Recommend living in Bozeman to someone who asks
Remain in Bozeman for the next five years
Please rate how safe or unsafe you
feel:
In your neighborhood during the day
In Bozeman's downtown/commercial area during the day
From property crime
From violent crime
From fire, flood, or other natural disaster
Please rate the job you feel the
Bozeman community does at each
of the following.
Making all residents feel welcome
Attracting people from diverse backgrounds
Valuing/respecting residents from diverse backgrounds
Taking care of vulnerable residents
Please rate each of the following
in the Bozeman community.
Overall quality of business and service establishments
Variety of business and service establishments
Vibrancy of downtown/commercial area
Employment opportunities
Shopping opportunities
53%
71%
82%
88%
86%
81%
70%
46%
82%
82%
82%
90%
84%
93%
96%
97%
97%
74%
57%
97%
95%
78%
64%
97%
96%
33%
39%
28%
57%
52%
83%
68%
81%
43%
86%
76%
42%22%
91 265
Please rate each of the following
in the Bozeman community.
Employment opportunities
Shopping opportunities
Cost of living
Overall image or reputation
Please also rate each of the
following in the Bozeman
community.
Traffic flow on major streets
Ease of public parking
Ease of travel by car
Ease of travel by public transportation
Ease of travel by bicycle
Ease of walking
Well-planned residential growth
Well-planned commercial growth
Well-designed neighborhoods
Preservation of the historical or cultural character of the community
Public places where people want to spend time
Variety of housing options
Availability of affordable quality housing
Overall quality of new development
Overall appearance
Cleanliness
Water resources
66%
4%
65%
86%
18%
59%
83%
59%
81%
53%
82%
73%
22%
3%
8%
72%
51%
39%
26%
18%
68%
49%
33%
60%
24%
31%
91%
90%
52%
10%
24%
85%
76%
51%
36%
56%
39%
37%
79%
42%
11%
69%
42%
40%
21%
80%
42%
9%
66%
42%
30%
22%
92 266
Please also rate each of the
following in the Bozeman
community.
Cleanliness
Water resources
Air quality
Availability of paths and walking trails
Fitness opportunities
Recreational opportunities
Availability of affordable quality food
Availability of affordable quality health care
Availability of preventive health services
Availability of affordable quality mental health care
Opportunities to attend cultural/arts/music activities
Community support for the arts
Availability of affordable quality childcare/preschool
K-12 education
Adult educational opportunities
Sense of civic/community pride
Neighborliness of residents
Opportunities to participate in social events and activities
Opportunities to attend special events and festivals
Opportunities to volunteer
Opportunities to participate in community matters
81%
78%
77%
59%
58%
65%
79%
16%
75%
73%
25%
56%
43%
54%
91%
87%
85%
85%
71%
86%
74%
81%
66%
77%
83%
42%
75%
50%
70%
64%
68%
93%
89%
83%
93%
68%
61%
32%
89%
87%
63%
85%
93 267
Please also rate each of the
following in the Bozeman
community.
Opportunities to volunteer
Opportunities to participate in community matters
Openness and acceptance of the community toward people of
diverse backgrounds
Please indicate whether or not you
have done each of the following in
the last 12 months.
Contacted the City of Bozeman for help or information
Contacted Bozeman elected officials to express your opinion
Attended a local public meeting
Watched a local public meeting
Volunteered your time to some group/activity
Campaigned or advocated for a local issue, cause, or candidate
Voted in your most recent local election
Used public transportation instead of driving
Carpooled with other adults or children instead of driving alone
Walked or biked instead of driving
Please rate the quality of each of
the following services in Bozeman.
Public information services
Economic development
Traffic enforcement
Traffic signal timing
Street repair
Street cleaning
Street lighting
Snow removal
44%
65%
60%
75%
81%
63%
24%
83%
27%
60%
33%
28%
23%
41%
83%
69%
25%
21%
64%
20%
23%
14%
41%
73%
63%
40%
30%
64%
80%
60%
32%
60%
67%
71%
42%
45%
46%
42%
67%
60%
71%
38%
38%
58%
59%
73%
47%
47%
16%
26%
48%
50%
58%
46%
52%
31%
29%
43%
39%
56%
94 268
Please rate the quality of each of
the following services in Bozeman.
Street lighting
Snow removal
Sidewalk maintenance
Bus or transit services
Land use, planning and zoning
Code enforcement
Affordable high-speed internet access
Garbage collection
Drinking water
Sewer services
Storm water management
Power (electric and/or gas) utility
Utility billing
Police/Sheriff services
Crime prevention
Animal control
Ambulance or emergency medical services
Fire services
Fire prevention and education
Emergency preparedness
Preservation of natural areas
52%
72%
90%
81%
69%
79%
73%
66%
75%
83%
92%
90%
89%
45%
42%
25%
56%
55%
51%
49%
84%
94%
92%
63%
80%
83%
68%
78%
66%
86%
80%
91%
47%
38%
58%
47%
56%
75%
92%
90%
62%
56%
67%
52%
78%
74%
79%
39%
24%
33%
42%
39%
69%
92%
84%
59%
59%
66%
61%
74%
66%
81%
37%
23%
46%
46%
95 269
Please rate the quality of each of
the following services in Bozeman.
Emergency preparedness
Preservation of natural areas
Bozeman open space
Recycling
Yard waste pick-up
City parks
Recreation programs or classes
Recreation centers or facilities
Health services
Public library services
Overall customer service by Bozeman employees
Please rate the following
categories of Bozeman
government performance.
The value of services for the taxes paid to Bozeman
The overall direction that Bozeman is taking
The job Bozeman government does at welcoming resident
involvement
Overall confidence in Bozeman government
Generally acting in the best interest of the community
Being honest
Being open and transparent to the public
Informing residents about issues facing the community
Treating all residents fairly
Treating residents with respect
74%
93%
64%
61%
72%
84%
60%
32%
56%
51%
52%
77%
93%
72%
78%
83%
89%
57%
59%
62%
54%
49%
65%
88%
61%
65%
78%
87%
53%
47%
68%
75%
64%
77%
83%
58%
58%
40%
35%
38%
40%
30%
31%
40%
22%
41%
53%
58%
53%
52%
55%
46%
54%
53%
39%
47%
50%
37%
46%
96 270
Please rate the following
categories of Bozeman
government performance.
Treating all residents fairly
Treating residents with respect
Overall, how would you rate the
quality of the services provided by
each of the following?
The City of Bozeman
The Federal Government
Please rate how important, if at
all, you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Overall economic health
Overall quality of the transportation system
Overall design or layout of residential and commercial areas
Overall quality of the utility infrastructure
Overall feeling of safety
Overall quality of natural environment
Overall quality of parks and recreation opportunities
Overall health and wellness opportunities
Overall opportunities for education, culture, and the arts
Residents' connection and engagement with their community
In general, how many times do
you:
Access the internet from your home
Access the internet from your cell phone
Visit social media sites
Use or check email
Share your opinions online
Shop online
Please rate your overall health.
57%
30%
60%
43%
81%
44%
62%
44%
65%
63%
63%
67%
72%
84%
62%
83%
83%
71%
80%
73%
77%
74%
85%
70%
78%
84%
48%
23%
99%
74%
96%
95%
97 271
In general, how many times do
you:Shop online
Please rate your overall health.
What impact, if any, do you think the economy will have on your
family income in the next 6 months? Do you think the impact will be:
81%76%
14%28%26%30%
98 272
Methods (open participation)
As part of its participation in The National Community Survey™ (The NCS™), the City of Bozeman conducted a survey of 466
residents. Survey invitations were mailed to randomly selected households and data were collected from May 19th, 2022 to July
7, 2022. The results from this main survey effort represent the most robust estimate of your residents’ opinions.
After the above data collection period was underway, a link to an online open participation survey was publicized by the City of
Bozeman. The open participation survey was identical to the probability sample survey with a question about where they heard
about the survey. The open participation survey was open to all city residents and became available on June 23, 2022. The survey
remained open for 4 weeks and there were 19 responses.
The open participation survey data were not collected through a random sample and it is unknown who in the community was
aware of the survey; therefore, a level of confidence in the representativeness of the sample cannot be estimated. Due to limited
response, the results were not statistically weighted.
* Pasek, J. (2010). ANES Weighting Algorithm. Retrieved from
https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf
99 273
Do you live within the City limits of Bozeman?Yes
No
Please rate each of the following
aspects of quality of life in Bozeman.
Bozeman as a place to live Excellent
Good
Fair
Poor
Your neighborhood as a place to live Excellent
Good
Fair
Bozeman as a place to raise children Excellent
Good
Fair
Poor
Bozeman as a place to work Excellent
Good
Fair
Poor
Bozeman as a place to visit Excellent
Good
Fair
Bozeman as a place to retire Excellent
Good
Fair
Poor
The overall quality of life in Bozeman Excellent
Good
Fair
Poor
Excellent
11%
89%
11%
26%
42%
21%
32%
26%
42%
18%
41%
12%
29%
19%
50%
13%
19%
22%
22%
56%
20%
33%
27%
20%
17%
17%
39%
28%
Open participation survey results
This dashboard contains a complete set of responses to each question on the open participation survey. By default, "don't know" responses
are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is
either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one
answer, it is due to the customary practice of rounding values to the nearest whole number.
100 274
Please rate each of the following
aspects of quality of life in Bozeman.
The overall quality of life in Bozeman Poor
Sense of community Excellent
Good
Fair
Poor
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall economic health of Bozeman Excellent
Good
Fair
Poor
Overall quality of the transportation system (auto,
bicycle, foot, bus) in Bozeman
Excellent
Good
Fair
Poor
Overall design or layout of Bozeman's residential
and commercial areas (e.g., homes, buildings,
streets, parks, etc.)
Excellent
Good
Fair
Poor
Overall quality of the utility infrastructure in
Bozeman (water, sewer, storm water, electric/gas,
broadband)
Excellent
Good
Fair
Poor
Overall feeling of safety in Bozeman Excellent
Good
Fair
Overall quality of natural environment in Bozeman Excellent
Good
Fair
Poor
Overall quality of parks and recreation
opportunities
Excellent
Good
Fair
Poor
Overall health and wellness opportunities inBozeman Excellent
Good
21%
26%
37%
16%
33%
39%
17%
11%
29%
18%
35%
18%
28%
39%
28%
6%
16%
16%
53%
16%
21%
58%
21%
11%
16%
26%
47%
11%
11%
32%
47%
26%
101 275
Please rate each of the following
characteristics as they relate to
Bozeman as a whole.
Overall health and wellness opportunities in
Bozeman
Excellent
Good
Fair
Overall opportunities for education, culture, and
the arts
Excellent
Good
Fair
Poor
Residents' connection and engagement with their
community
Excellent
Good
Fair
Poor
Please indicate how likely or unlikely
you are to do each of the following.
Recommend living in Bozeman to someone who
asks
Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
Remain in Bozeman for the next five years Very likely
Somewhat likely
Somewhat unlikely
Very unlikely
Please rate how safe or unsafe you
feel:
In your neighborhood during the day Very safe
Somewhat safe
Neither safe nor unsafe
In Bozeman's downtown/commercial area during
the day
Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
From property crime Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
From violent crime Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
37%
37%
11%
21%
53%
16%
11%
47%
37%
5%
65%
6%
24%
6%
39%
6%
33%
22%
5%
16%
79%
6%
6%
6%
83%
11%
21%
32%
37%
21%
26%
42%
102 276
Please rate how safe or unsafe you
feel:
From violent crime
Neither safe nor unsafe
Somewhat unsafe
From fire, flood, or other natural disaster Very safe
Somewhat safe
Neither safe nor unsafe
Somewhat unsafe
Please rate the job you feel the
Bozeman community does at each of
the following.
Making all residents feel welcome Excellent
Good
Fair
Poor
Attracting people from diverse backgrounds Excellent
Good
Fair
Poor
Valuing/respecting residents from diverse
backgrounds
Excellent
Fair
Poor
Taking care of vulnerable residents (elderly,
disabled, homeless, etc.)
Excellent
Good
Fair
Poor
Please rate each of the following in
the Bozeman community.
Overall quality of business and service
establishments in Bozeman
Excellent
Good
Fair
Poor
Variety of business and service establishments in
Bozeman
Excellent
Good
Fair
Poor
Vibrancy of downtown/commercial area Excellent
Good
Fair
Poor
Excellent
11%
5%
32%
42%
21%
32%
32%
21%
16%
58%
21%
11%
11%
44%
39%
17%
44%
39%
11%
6%
16%
16%
47%
21%
32%
32%
16%
21%
11%
26%
26%
37%
103 277
Please rate each of the following in
the Bozeman community.
Vibrancy of downtown/commercial area Poor
Employment opportunities Excellent
Good
Fair
Poor
Shopping opportunities Excellent
Good
Fair
Poor
Cost of living in Bozeman Excellent
Fair
Poor
Overall image or reputation of Bozeman Excellent
Good
Fair
Poor
Please also rate each of the following
in the Bozeman community.
Traffic flow on major streets Excellent
Good
Fair
Poor
Ease of public parking Good
Fair
Poor
Ease of travel by car in Bozeman Excellent
Good
Fair
Poor
Ease of travel by public transportation in Bozeman Excellent
Good
Fair
Poor
Ease of travel by bicycle in Bozeman Excellent
Good
Fair
28%
44%
17%
11%
26%
47%
11%
16%
89%
5%
5%
11%
37%
32%
21%
58%
21%
16%
5%
42%
21%
37%
32%
16%
42%
11%
33%
33%
17%
17%
6%
19%
104 278
Please also rate each of the following
in the Bozeman community.
Ease of travel by bicycle in Bozeman
Good
Fair
Poor
Ease of walking in Bozeman Excellent
Good
Fair
Poor
Well-planned residential growth Excellent
Good
Fair
Poor
Well-planned commercial growth Excellent
Good
Fair
Poor
Well-designed neighborhoods Excellent
Good
Fair
Poor
Preservation of the historical or cultural character
of the community
Excellent
Good
Fair
Poor
Public places where people want to spend time Excellent
Good
Fair
Poor
Variety of housing options Excellent
Fair
Poor
Availability of affordable quality housing Fair
Poor
Overall quality of new development in Bozeman Good
Fair
31%
44%
26%
26%
37%
11%
61%
17%
17%
6%
56%
28%
11%
6%
26%
42%
21%
11%
33%
33%
17%
17%
11%
21%
58%
11%
72%
22%
6%
94%
6%
22%
105 279
Please also rate each of the following
in the Bozeman community.
Overall quality of new development in Bozeman
Good
Fair
Poor
Overall appearance of Bozeman Excellent
Good
Fair
Poor
Cleanliness of Bozeman Excellent
Good
Fair
Poor
Water resources (beaches, lakes, ponds, riverways,
etc.)
Excellent
Good
Fair
Poor
Air quality Excellent
Good
Fair
Availability of paths and walking trails Excellent
Good
Fair
Poor
Fitness opportunities (including exercise classes
and paths or trails, etc.)
Excellent
Good
Fair
Recreational opportunities Excellent
Good
Fair
Availability of affordable quality food Excellent
Good
Fair
Poor
Availability of affordable quality health care Excellent
Good
50%
28%
11%
26%
53%
11%
5%
16%
42%
37%
5%
21%
53%
21%
32%
42%
26%
6%
22%
33%
39%
26%
26%
47%
21%
26%
53%
37%
26%
26%
11%
11%
106 280
Please also rate each of the following
in the Bozeman community.
Availability of affordable quality health care
Excellent
Good
Fair
Poor
Availability of preventive health services Excellent
Good
Fair
Poor
Availability of affordable quality mental health care Excellent
Fair
Poor
Opportunities to attend cultural/arts/music
activities
Excellent
Good
Fair
Poor
Community support for the arts Excellent
Good
Fair
Poor
Availability of affordable quality
childcare/preschool
Excellent
Good
Fair
Poor
K-12 education Excellent
Good
Fair
Poor
Adult educational opportunities Excellent
Good
Fair
Poor
Sense of civic/community pride Excellent
Good
Fair
26%
37%
26%
16%
47%
26%
11%
50%
44%
6%
5%
26%
42%
26%
6%
28%
44%
22%
75%
8%
8%
8%
23%
15%
31%
31%
7%
47%
40%
7%
29%
6%
107 281
Please also rate each of the following
in the Bozeman community.
Sense of civic/community pride
Good
Fair
Poor
Neighborliness of residents in Bozeman Excellent
Good
Fair
Poor
Opportunities to participate in social events and
activities
Excellent
Good
Fair
Poor
Opportunities to attend special events and
festivals
Excellent
Good
Fair
Poor
Opportunities to volunteer Excellent
Good
Fair
Poor
Opportunities to participate in community matters Excellent
Good
Fair
Poor
Openness and acceptance of the community toward
people of diverse backgrounds
Excellent
Good
Fair
Poor
Please indicate whether or not you
have done each of the following in the
last 12 months.
Contacted the City of Bozeman (in-person, phone,
email, or web) for help or information
No
Yes
Contacted Bozeman elected officials (in-person,
phone, email, or web) to express your opinion
No
Yes
Attended a local public meeting (of local elected
officials like City Council or County Commissioners,
advisory boards, town halls, HOA, neighborhood w..
No
Yes
No
24%
41%
11%
53%
32%
5%
11%
39%
22%
28%
16%
26%
37%
21%
6%
11%
61%
22%
11%
22%
50%
17%
44%
39%
6%
11%
58%
42%
37%
63%
47%
53%
108 282
Please indicate whether or not you
have done each of the following in the
last 12 months.
Attended a local public meeting (of local electedofficials like City Council or County Commissioners,
advisory boards, town halls, HOA, neighborhood w..Yes
Watched (online or on television) a local public
meeting
No
Yes
Volunteered your time to some group/activity in
Bozeman
No
Yes
Campaigned or advocated for a local issue, cause,
or candidate
No
Yes
Voted in your most recent local election No
Yes
Used bus, rail, subway, or other public
transportation instead of driving
No
Yes
Carpooled with other adults or children instead of
driving alone
No
Yes
Walked or biked instead of driving No
Yes
Please rate the quality of each of the
following services in Bozeman.
Public information services Excellent
Good
Fair
Poor
Economic development Excellent
Good
Fair
Poor
Traffic enforcement Excellent
Good
Fair
Poor
Traffic signal timing Excellent
Good
Fair
Poor
Street repair Excellent
Good
Fair
63%
37%
74%
26%
47%
53%
83%
17%
21%
79%
58%
42%
74%
26%
11%
37%
42%
11%
20%
53%
20%
7%
28%
28%
39%
6%
21%
42%
32%
5%
17%
22%
109 283
Please rate the quality of each of the
following services in Bozeman.
Street repair
Good
Fair
Poor
Street cleaning Excellent
Good
Fair
Street lighting Excellent
Good
Fair
Poor
Snow removal Excellent
Good
Fair
Poor
Sidewalk maintenance Excellent
Good
Fair
Poor
Bus or transit services Excellent
Good
Fair
Poor
Land use, planning, and zoning Excellent
Good
Fair
Poor
Code enforcement (weeds, abandoned buildings,
etc.)
Good
Fair
Poor
Affordable high-speed internet access Excellent
Good
Fair
Poor
Excellent
11%
50%
37%
32%
32%
17%
28%
28%
28%
21%
32%
37%
11%
5%
47%
42%
5%
20%
27%
33%
20%
50%
39%
6%
6%
33%
47%
20%
61%
22%
6%
11%
110 284
Please rate the quality of each of the
following services in Bozeman.
Affordable high-speed internet access Poor
Garbage collection Excellent
Good
Fair
Drinking water Excellent
Good
Fair
Poor
Sewer services Excellent
Good
Fair
Storm water management (storm drainage, dams,
levees, etc.)
Excellent
Good
Fair
Power (electric and/or gas) utility Excellent
Good
Fair
Utility billing Excellent
Good
Fair
Poor
Police/Sheriff services Excellent
Good
Fair
Poor
Crime prevention Excellent
Good
Fair
Poor
Animal control Excellent
Good
Fair
Ambulance or emergency medical services Excellent
Good
26%
32%
42%
6%
24%
18%
53%
24%
29%
47%
12%
53%
35%
39%
39%
22%
12%
41%
29%
18%
22%
22%
22%
33%
24%
35%
12%
29%
53%
29%
18%
36%
111 285
Please rate the quality of each of the
following services in Bozeman.
Ambulance or emergency medical services
Excellent
Good
Fair
Fire services Excellent
Good
Fair
Fire prevention and education Excellent
Good
Fair
Emergency preparedness (services that prepare the
community for natural disasters or other
emergency situations)
Excellent
Good
Fair
Poor
Preservation of natural areas (open space,
farmlands, and greenbelts)
Excellent
Good
Fair
Poor
Bozeman open space Excellent
Good
Fair
Poor
Recycling Excellent
Good
Fair
Poor
Yard waste pick-up Excellent
Good
Fair
Poor
City parks Excellent
Good
Fair
Poor
Excellent
21%
43%
7%
36%
57%
33%
40%
27%
31%
23%
38%
8%
38%
31%
25%
6%
29%
35%
24%
12%
58%
11%
26%
5%
14%
36%
21%
29%
11%
16%
32%
42%
112 286
Please rate the quality of each of the
following services in Bozeman.
City parks Poor
Recreation programs or classes Excellent
Good
Fair
Poor
Recreation centers or facilities Excellent
Good
Fair
Poor
Health services Excellent
Good
Fair
Poor
Public library services Excellent
Good
Fair
Overall customer service by Bozeman employees
(police, receptionists, planners, etc.)
Excellent
Good
Fair
Poor
Please rate the following categories
of Bozeman government performance.
The value of services for the taxes paid to Bozeman Excellent
Good
Fair
Poor
The overall direction that Bozeman is taking Good
Fair
Poor
The job Bozeman government does at welcoming
resident involvement
Excellent
Good
Fair
Poor
Overall confidence in Bozeman government Good
Fair
Poor
22%
22%
39%
17%
41%
29%
18%
12%
29%
21%
36%
14%
11%
21%
68%
11%
33%
39%
17%
32%
37%
26%
5%
58%
26%
16%
44%
28%
22%
6%
39%
11%
113 287
Please rate the following categories
of Bozeman government performance.
Overall confidence in Bozeman government
Fair
Poor
Generally acting in the best interest of the
community
Good
Fair
Poor
Being honest Excellent
Good
Fair
Poor
Being open and transparent to the public Excellent
Good
Fair
Poor
Informing residents about issues facing the
community
Excellent
Good
Fair
Poor
Treating all residents fairly Good
Fair
Poor
Treating residents with respect Excellent
Good
Fair
Poor
Overall, how would you rate the
quality of the services provided by
each of the following?
The City of Bozeman Excellent
Good
Fair
Poor
The Federal Government Good
Fair
Poor
Please rate how important, if at all,
you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Overall economic health of Bozeman Essential
Very important
Somewhat important
50%
47%
42%
11%
33%
28%
28%
11%
41%
24%
29%
6%
56%
22%
11%
11%
50%
13%
38%
18%
35%
41%
6%
17%
50%
28%
6%
53%
32%
16%
26%
53%
114 288
Please rate how important, if at all,
you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Overall economic health of Bozeman
Very important
Somewhat important
Not at all important
Overall quality of the transportation system (auto,
bicycle, foot, bus) in Bozeman
Essential
Very important
Somewhat important
Not at all important
Overall design or layout of Bozeman's residential
and commercial areas (e.g., homes, buildings,
streets, parks, etc.)
Essential
Very important
Overall quality of the utility infrastructure in
Bozeman (water, sewer, storm water, electric/gas,
broadband)
Essential
Very important
Somewhat important
Not at all important
Overall feeling of safety in Bozeman Essential
Very important
Somewhat important
Not at all important
Overall quality of natural environment in Bozeman Essential
Very important
Somewhat important
Not at all important
Overall quality of parks and recreation
opportunities
Essential
Very important
Not at all important
Overall health and wellness opportunities in
Bozeman
Essential
Very important
Somewhat important
Overall opportunities for education, culture, and
the arts
Essential
Very important
Somewhat important
Not at all important
Residents' connection and engagement with their
community
Essential
Very important
Somewhat important
11%
11%
11%
11%
47%
32%
63%
37%
12%
6%
41%
41%
21%
26%
21%
32%
5%
11%
21%
63%
11%
32%
58%
16%
42%
42%
16%
21%
37%
26%
26%
32%
115 289
Please rate how important, if at all,
you think it is for the Bozeman
community to focus on each of the
following in the coming two years.
Residents' connection and engagement with their
community
Very important
Somewhat important
Not at all important
How likely would you be, if at all, to opt to increase
your utility fees to receive electricity from
renewable sources (wind, solar, etc.)?
Very likely
Somewhat likely
Not at all likely
How much would you support or
oppose an increase in property taxes
to fund the following in Bozeman?
Combined aquatics/recreation facility and west side
branch of the Bozeman Public Library
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
New fire station and staff to maintain citywide
service levels relative to growth
Strongly support
Somewhat support
Somewhat oppose
Strongly oppose
Currently, the City of Bozeman receives no local
sales tax revenue. How much would you support or
oppose a local option sales tax that would go to the
City to support property tax relief?
Strongly support
Somewhat oppose
Strongly oppose
Please select the option that best
describes how you think the City
should address each of the following
aspects of the community.
Economy More effort
Same effort
Less effort
No opinion
Environment More effort
Same effort
Less effort
Neighborhoods More effort
Same effort
Less effort
Safety More effort
Same effort
Less effort
No opinion
Parks & recreation More effort
Same effort
Less effort
11%
32%
37%
32%
32%
11%
17%
17%
56%
21%
16%
37%
26%
50%
11%
39%
5%
21%
42%
32%
6%
39%
56%
5%
42%
53%
11%
6%
67%
17%
47%
37%
116 290
Please select the option that best
describes how you think the City
should address each of the following
aspects of the community.
Parks & recreation
Same effort
Less effort
No opinion
Transportation More effort
Same effort
Less effort
No opinion
General government More effort
Same effort
No opinion
Housing More effort
Same effort
Less effort
Other More effort
Same effort
Less effort
No opinion
In general, how many times do you:Access the internet from your home using a
computer, laptop, or tablet computer
Several times a day
Once a day
Every few weeks
Less often or never
Access the internet from your cell phone Several times a day
Visit social media sites such as Facebook, Twitter,
Nextdoor, etc.
Several times a day
Once a day
Less often or never
Use or check email Several times a day
Once a day
A few times a week
Share your opinions online Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Several times a day
5%
11%
6%
17%
44%
33%
6%
67%
28%
11%
11%
79%
46%
8%
8%
38%
5%
11%
5%
79%
100%
5%
16%
79%
11%
5%
84%
37%
21%
16%
5%
21%
117 291
In general, how many times do you:
Share your opinions online Less often or never
Shop online Several times a day
Once a day
A few times a week
Every few weeks
Less often or never
Please rate your overall health.Excellent
Very good
Good
Fair
What impact, if any, do you think the economy will
have on your family income in the next 6 months?
Do you think the impact will be:
Neutral
Somewhat negative
Very negative
How many years have you lived in Bozeman?Less than 2 years
2-5 years
6-10 years
11-20 years
More than 20 years
Which best describes the building you live in?One family house detached from
any other houses
Building with two or more
homes (duplex, townhome, apa..
Do you rent or own your home?Rent
Own
About how much is your monthly housing cost for
the place you live (including rent, mortgage
payment, property tax, property insurance, and
homeowners' association (HOA) fees)?
Less than $500
$500 to $999
$1,000 to $1,499
$1,500 to $1,999
$2,000 to $2,499
$2,500 to $2,999
$3,000 to $3,499
Do any children 17 or under live in your household?No
Yes
Are you or any other members of your household
aged 65 or older?
No
Yes
$25,000 to $49,999
6%
39%
33%
6%
17%
11%
16%
37%
37%
16%
68%
16%
26%
21%
32%
11%
11%
42%
58%
63%
37%
5%
16%
37%
21%
11%
5%
5%
37%
63%
16%
84%
118 292
Are you or any other members of your household
aged 65 or older?Yes
How much do you anticipate your household's total
income before taxes will be for the current year?
(Please include in your total income money from all
sources for all persons living in your household.)
$25,000 to $49,999
$50,000 to $74,999
$75,000 to $99,999
$100,000 to $149,999
$150,000 or more
Are you Spanish, Hispanic, or Latino?No, not Spanish, Hispanic, or
Latino
Yes, I consider myself to be
Spanish, Hispanic, or Latino
What is your race? (Mark one or more races to
indicate what race you consider yourself to be.)
American Indian or Alaskan
Native
White
Other
In which category is your age?18-24 years
25-34 years
35-44 years
45-54 years
55-64 years
65-74 years
What is your sex?Female
Male
Identify in another way
What is your sexual orientation?Bisexual
Heterosexual
Pansexual
Queer
How did you hear about this survey? (Select all that
apply.)
The City's social media
(Facebook, Twitter, Instagram,..
In my Facebook feed
Heard about it from a family
member, friend or neighborhood
Polco's weekly email
Other
24%
29%
18%
18%
12%
6%
94%
16%
79%
5%
11%
5%
11%
32%
37%
5%
6%
39%
56%
6%
6%
78%
11%
5%
5%
11%
5%
79%
119 293
Please complete this survey if you are the adult (age 18 or older) in the household who most recently had a birthday (the year of birth does not matter). Your responses are confidential and no identifying information will be shared.
1. Please rate each of the following aspects of quality of life in Bozeman. Excellent Good Fair Poor Don’t know Bozeman as a place to live ................................................................................................... 1 2 3 4 5 Your neighborhood as a place to live .............................................................................. 1 2 3 4 5 Bozeman as a place to raise children .............................................................................. 1 2 3 4 5 Bozeman as a place to work ................................................................................................ 1 2 3 4 5 Bozeman as a place to visit .................................................................................................. 1 2 3 4 5 Bozeman as a place to retire ............................................................................................... 1 2 3 4 5 The overall quality of life in Bozeman ............................................................................ 1 2 3 4 5 Sense of community ................................................................................................................ 1 2 3 4 5
2. Please rate each of the following characteristics as they relate to Bozeman as a whole. Excellent Good Fair Poor Don’t know Overall economic health of Bozeman .............................................................................. 1 2 3 4 5 Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman ............................................................................................................................. 1 2 3 4 5 Overall design or layout of Bozeman’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) ................................................. 1 2 3 4 5 Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric, gas) ................................................................ 1 2 3 4 5 Overall feeling of safety in Bozeman ............................................................................... 1 2 3 4 5 Overall quality of natural environment in Bozeman ................................................ 1 2 3 4 5 Overall quality of parks and recreation opportunities ............................................ 1 2 3 4 5 Overall health and wellness opportunities in Bozeman ......................................... 1 2 3 4 5 Overall opportunities for education, culture, and the arts..................................... 1 2 3 4 5 Residents’ connection and engagement with their community .......................... 1 2 3 4 5
3. Please indicate how likely or unlikely you are to do each of the following. Very Somewhat Somewhat Very Don’t likely likely unlikely unlikely know Recommend living in Bozeman to someone who asks ......................1 2 3 4 5 Remain in Bozeman for the next five years ............................................1 2 3 4 5
4. Please rate how safe or unsafe you feel: Very Somewhat Neither safe Somewhat Very Don’t safe safe nor unsafe unsafe unsafe know In your neighborhood during the day ...................................... 1 2 3 4 5 6 In Bozeman’s downtown/commercial area during the day ............................................................................... 1 2 3 4 5 6 From property crime ....................................................................... 1 2 3 4 5 6 From violent crime ........................................................................... 1 2 3 4 5 6 From fire, flood, or other natural disaster ............................. 1 2 3 4 5 6
5. Please rate the job you feel the Bozeman community does at each of the following. Excellent Good Fair Poor Don’t know Making all residents feel welcome ................................................................................... 1 2 3 4 5 Attracting people from diverse backgrounds .............................................................. 1 2 3 4 5 Valuing/respecting residents from diverse backgrounds ...................................... 1 2 3 4 5 Taking care of vulnerable residents (elderly, disabled, homeless, etc.) ........... 1 2 3 4 5
6. Please rate each of the following in the Bozeman community. Excellent Good Fair Poor Don’t know Overall quality of business and service establishments in Bozeman ................ 1 2 3 4 5 Variety of business and service establishments in Bozeman ............................... 1 2 3 4 5 Vibrancy of downtown/commercial area ..................................................................... 1 2 3 4 5 Employment opportunities ................................................................................................. 1 2 3 4 5 Shopping opportunities ........................................................................................................ 1 2 3 4 5 Cost of living in Bozeman ..................................................................................................... 1 2 3 4 5 Overall image or reputation of Bozeman ....................................................................... 1 2 3 4 5
120 294
7. Please also rate each of the following in the Bozeman community. Excellent Good Fair Poor Don’t know Traffic flow on major streets ............................................................................................... 1 2 3 4 5 Ease of public parking ............................................................................................................ 1 2 3 4 5 Ease of travel by car in Bozeman ...................................................................................... 1 2 3 4 5 Ease of travel by public transportation in Bozeman ................................................ 1 2 3 4 5 Ease of travel by bicycle in Bozeman .............................................................................. 1 2 3 4 5 Ease of walking in Bozeman ................................................................................................ 1 2 3 4 5 Well-planned residential growth ...................................................................................... 1 2 3 4 5 Well-planned commercial growth .................................................................................... 1 2 3 4 5 Well-designed neighborhoods ........................................................................................... 1 2 3 4 5 Preservation of the historical or cultural character of the community ............ 1 2 3 4 5 Public places where people want to spend time ........................................................ 1 2 3 4 5 Variety of housing options ................................................................................................... 1 2 3 4 5 Availability of affordable quality housing ..................................................................... 1 2 3 4 5 Overall quality of new development in Bozeman ...................................................... 1 2 3 4 5 Overall appearance of Bozeman ........................................................................................ 1 2 3 4 5 Cleanliness of Bozeman ......................................................................................................... 1 2 3 4 5 Water resources (beaches, lakes, ponds, riverways, etc.) ..................................... 1 2 3 4 5 Air quality .................................................................................................................................... 1 2 3 4 5 Availability of paths and walking trails .......................................................................... 1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.) ... 1 2 3 4 5 Recreational opportunities .................................................................................................. 1 2 3 4 5 Availability of affordable quality food ............................................................................ 1 2 3 4 5 Availability of affordable quality health care ............................................................... 1 2 3 4 5 Availability of preventive health services ..................................................................... 1 2 3 4 5 Availability of affordable quality mental health care ............................................... 1 2 3 4 5 Opportunities to attend cultural/arts/music activities .......................................... 1 2 3 4 5 Community support for the arts ........................................................................................ 1 2 3 4 5 Availability of affordable quality childcare/preschool ............................................ 1 2 3 4 5 K-12 education .......................................................................................................................... 1 2 3 4 5 Adult educational opportunities ....................................................................................... 1 2 3 4 5 Sense of civic/community pride ........................................................................................ 1 2 3 4 5 Neighborliness of residents in Bozeman ....................................................................... 1 2 3 4 5 Opportunities to participate in social events and activities .................................. 1 2 3 4 5 Opportunities to attend special events and festivals ............................................... 1 2 3 4 5 Opportunities to volunteer .................................................................................................. 1 2 3 4 5 Opportunities to participate in community matters ................................................ 1 2 3 4 5 Openness and acceptance of the community toward people of diverse backgrounds ..................................................................................................... 1 2 3 4 5
8. Please indicate whether or not you have done each of the following in the last 12 months. No Yes Contacted the City of Bozeman (in-person, phone, email, or web) for help or information ............................ 1 2 Contacted Bozeman elected officials (in-person, phone, email, or web) to express your opinion ................ 1 2 Attended a local public meeting (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.) ............................................ 1 2 Watched (online or on television) a local public meeting ............................................................................................... 1 2 Volunteered your time to some group/activity in Bozeman ......................................................................................... 1 2 Campaigned or advocated for a local issue, cause, or candidate .................................................................................. 1 2 Voted in your most recent local election ................................................................................................................................ 1 2 Used bus, rail, subway, or other public transportation instead of driving ............................................................... 1 2 Carpooled with other adults or children instead of driving alone .............................................................................. 1 2 Walked or biked instead of driving ........................................................................................................................................... 1 2
121 295
9. Please rate the quality of each of the following services in Bozeman. Excellent Good Fair Poor Don’t know Public information services ............................................................................................. 1 2 3 4 5 Economic development ..................................................................................................... 1 2 3 4 5 Traffic enforcement ............................................................................................................ 1 2 3 4 5 Traffic signal timing ............................................................................................................ 1 2 3 4 5 Street repair ........................................................................................................................... 1 2 3 4 5 Street cleaning ....................................................................................................................... 1 2 3 4 5 Street lighting ........................................................................................................................ 1 2 3 4 5 Snow removal ........................................................................................................................ 1 2 3 4 5 Sidewalk maintenance ....................................................................................................... 1 2 3 4 5 Bus or transit services ....................................................................................................... 1 2 3 4 5 Land use, planning, and zoning ...................................................................................... 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.) ...................................... 1 2 3 4 5 Affordable high-speed internet access ....................................................................... 1 2 3 4 5 Garbage collection ............................................................................................................... 1 2 3 4 5 Drinking water ...................................................................................................................... 1 2 3 4 5 Sewer services ....................................................................................................................... 1 2 3 4 5 Storm water management (storm drainage, dams, levees, etc.) .................... 1 2 3 4 5 Power (electric and/or gas) utility ............................................................................... 1 2 3 4 5 Utility billing .......................................................................................................................... 1 2 3 4 5 Police/Sheriff services ....................................................................................................... 1 2 3 4 5 Crime prevention ................................................................................................................. 1 2 3 4 5 Animal control ....................................................................................................................... 1 2 3 4 5 Ambulance or emergency medical services ............................................................. 1 2 3 4 5 Fire services ........................................................................................................................... 1 2 3 4 5 Fire prevention and education ....................................................................................... 1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ..................................... 1 2 3 4 5 Preservation of natural areas (open space, farmlands, and greenbelts) ..... 1 2 3 4 5 Bozeman open space .......................................................................................................... 1 2 3 4 5 Recycling .................................................................................................................................. 1 2 3 4 5 Yard waste pick-up.............................................................................................................. 1 2 3 4 5 City parks................................................................................................................................. 1 2 3 4 5 Recreation programs or classes .................................................................................... 1 2 3 4 5 Recreation centers or facilities ...................................................................................... 1 2 3 4 5 Health services ...................................................................................................................... 1 2 3 4 5 Public library services ....................................................................................................... 1 2 3 4 5 Overall customer service by Bozeman employees (police, receptionists, planners, etc.) ..................................................................... 1 2 3 4 5
10. Please rate the following categories of Bozeman government performance. Excellent Good Fair Poor Don’t know The value of services for the taxes paid to Bozeman ............................................ 1 2 3 4 5 The overall direction that Bozeman is taking .......................................................... 1 2 3 4 5 The job Bozeman government does at welcoming resident involvement ....................................................................................................................... 1 2 3 4 5 Overall confidence in Bozeman government ........................................................... 1 2 3 4 5 Generally acting in the best interest of the community ...................................... 1 2 3 4 5 Being honest ........................................................................................................................... 1 2 3 4 5 Being open and transparent to the public ................................................................. 1 2 3 4 5 Informing residents about issues facing the community ................................... 1 2 3 4 5 Treating all residents fairly ............................................................................................. 1 2 3 4 5 Treating residents with respect .................................................................................... 1 2 3 4 5
122 296
11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don’t know The City of Bozeman ........................................................................................................... 1 2 3 4 5 The Federal Government .................................................................................................. 1 2 3 4 5
12. Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the
following in the coming two years. Very Somewhat Not at all Essential important important important Overall economic health of Bozeman .................................................................................1 2 3 4 Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman ................................................................................................................................1 2 3 4 Overall design or layout of Bozeman’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) .....................................................1 2 3 4 Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric, gas) ....................................................................1 2 3 4 Overall feeling of safety in Bozeman ..................................................................................1 2 3 4 Overall quality of natural environment in Bozeman ...................................................1 2 3 4 Overall quality of parks and recreation opportunities ...............................................1 2 3 4 Overall health and wellness opportunities in Bozeman ............................................1 2 3 4 Overall opportunities for education, culture, and the arts........................................1 2 3 4 Residents’ connection and engagement with their community .............................1 2 3 4
13. How likely would you be, if at all, to opt to increase your utility fees to receive electricity from renewable
sources (wind, solar, etc.)?
Very likely Somewhat likely Not at all likely Dont know
14. How much would you support or oppose an increase in property taxes to fund the following in Bozeman? Strongly Somewhat Somewhat Strongly Don’t support support oppose oppose know Combined aquatics/recreation facility and west side branch of the Bozeman Public Library .....................................1 2 3 4 5 New fire station and staff to maintain citywide service levels relative to growth ...........................................................................1 2 3 4 5
15. Currently, the City of Bozeman receives no local sales tax revenue. How much would you support or oppose
a local option sales tax that would go to the City to support property tax relief?
Strongly support Somewhat support Somewhat oppose Strongly oppose Don’t know
16. Please select the option that best describes how you think the City should address each of the following
aspects of the community. More Same Less No effort effort effort opinion Economy ........................................................................................................................................... 1 2 3 4 Environment ................................................................................................................................... 1 2 3 4 Neighborhoods............................................................................................................................... 1 2 3 4 Safety .................................................................................................................................................. 1 2 3 4 Parks & Recreation ....................................................................................................................... 1 2 3 4 Transportation ............................................................................................................................... 1 2 3 4 General Government ................................................................................................................... 1 2 3 4 Housing ............................................................................................................................................. 1 2 3 4 Other ................................................................................................................................................... 1 2 3 4
17. Of the areas above, which is the single most important for the City to increase efforts? If you chose ‘other,’
please explain.
123 297
Our last questions are about you and your household. Again, all of your responses to this survey are confidential and no identifying information will be shared.
D1. In general, how many times do you: Several Once A few times Every Less often Don’t times a day a day a week few weeks or never know Access the internet from your home using a computer, laptop, or tablet computer ......................1 2 3 4 5 6 Access the internet from your cell phone .......................1 2 3 4 5 6 Visit social media sites such as Facebook, Twitter, Nextdoor, etc. .......................................................1 2 3 4 5 6 Use or check email ....................................................................1 2 3 4 5 6 Share your opinions online ...................................................1 2 3 4 5 6 Shop online ..................................................................................1 2 3 4 5 6
D2. Please rate your overall health.
Excellent Very good Good Fair Poor
D3. What impact, if any, do you think the economy will have on your family income in the next 6 months?
Do you think the impact will be:
Very positive Somewhat positive Neutral Somewhat negative Very negative D4. How many years have you lived in Bozeman?
Less than 2 years
2-5 years
6-10 years
11-20 years
More than 20 years
D5. Which best describes the building you live in?
One family house detached from any other houses
Building with two or more homes (duplex, townhome, apartment, or condominium)
Mobile home
Other
D6. Do you rent or own your home?
Rent
Own
D7. About how much is your monthly housing cost
for the place you live (including rent, mortgage
payment, property tax, property insurance, and
homeowners’ association (HOA) fees)?
Less than $500 $2,000 to $2,499
$500 to $999 $2,500 to $2,999
$1,000 to $1,499 $3,000 to $3,499
$1,500 to $1,999 $3,500 or more
D8. Do any children 17 or under live in your
household?
No Yes
D9. Are you or any other members of your household
aged 65 or older?
No Yes
D10. How much do you anticipate your household’s
total income before taxes will be for the current
year? (Please include in your total income
money from all sources for all persons living in
your household.)
Less than $25,000 $75,000 to $99,999
$25,000 to $49,999 $100,000 to $149,999
$50,000 to $74,999 $150,000 or more
D11. Are you Spanish, Hispanic or Latino?
No, not Spanish, Hispanic, or Latino
Yes, I consider myself to be Spanish, Hispanic, or Latino
D12. What is your race? (Mark one or more races to
indicate what race you consider yourself to be.)
American Indian or Alaskan Native
Asian, Asian Indian, or Pacific Islander
Black or African American
White
Other
D13. In which category is your age?
18-24 years 55-64 years
25-34 years 65-74 years
35-44 years 75 years or older
45-54 years
D14. What is your sex?
Female
Male
Identify in another way
D15. What is your sexual orientation?
Asexual Heterosexual Queer
Bisexual Lesbian Questioning
Gay Pansexual Other
Thank you! Please return the completed survey in the postage-paid envelope to: National Research Center, Inc., PO Box 549, Belle Mead, NJ 08502
124 298
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Community Development Director
SUBJECT:The South 8th Zone Map Amendment Requesting Amendment of the City
Zoning Map to Change the Zoning on 0.18 Acre Parcel from R-4 (High Density
Residential District) to R-5 (Residential Mixed-Use High Density District)
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION: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 22077 and move to recommend
approval of the South 8th Zone Map Amendment, with contingencies
required to complete the application processing.
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 owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted
an application to rezone an existing parcel totaling 0.18 acres from R-4 to R-
5. The property currently hosts a detached residential structure and
associated detached accessory buildings with alley access.
Although no future development plans were submitted or required with the
application, based on the applicant narrative it appears future development
will be residential with the possibility of a small component of commercial.
The property is within the Neighborhood Conservation Overlay District
(NCOD) but is not within a designated historic district.
The primary differences between the R-4 and R-5 districts are in permitted
uses and dimensional standards. R-5 allows limited restaurant and retail uses
and requires less land area per residential unit, allows 10 more feet of height
or five stories, smaller setbacks, and less parking.
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
299
3. Open and continue the public hearing, 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 zone map amendment.
Attachments:
22077 South 8th ZMA CC SR.pdf
Report compiled on: September 12, 2022
300
Page 1 of 26
22077, Staff Report for the South 8th Zone Map Amendment
Public Hearing Date(s):
Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on August 1, 2022 at 6:00 pm; continued to September 12, 2022.
City Commission public hearing will be held on April 5, 2022 at 6:00 pm; continued to
September 27, 2022.
Project Description: The South 8th zone map amendment requesting amendment of the City
Zoning Map to change the zoning on 0.18 acre parcel from R-4 (High Density Residential
District) to R-5 (Residential Mixed-Use High Density District).
Project Location: The property is addressed at 116 S. 8th Avenue and legally described as
Lots 12 and 13, Block 3, Park Addition to Bozeman located in the Northwest One-quarter
(NW ¼) of the Southeast One-Quarter (SE ¼), of Section 12, Township Two South (T2S),
Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Meet standards for approval
Recommended Community Development Board 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 22077 and move to
recommend approval of the South 8th Zone Map Amendment, with contingencies required
to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the findings presented
in the staff report for application 22077 and move to approve the South 8th Zone Map
subject to contingencies required to complete the application processing.
Report Date: September 12, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
301
22077 Staff Report for the South 8th Zone Map Amendment Page 2 of 26
Project Summary
The owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted an application to
rezone an existing parcel totaling 0.18 acres from R-4 to R-5. The property currently hosts a
detached residential structure and associated detached accessory buildings with alley access.
Although no future development plans were submitted or required with the application, based
on the applicant narrative it appears future development will be residential with the possibility
of a small commercial component. The property is within the Neighborhood Conservation
Overlay District (NCOD) but is not within a designated historic district.
The primary differences between the R-4 and R-5 districts are in permitted uses and
dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area
per residential unit, allows 10 more feet of height or five stories, smaller setbacks, and less
parking.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260400&cr=1
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on September 12, 2022. The Board considered the application and public
comment and moved to recommend approval of the requested R-5 zoning with a vote 4:1.
All recorded public meeting videos can be viewed at the following link:
https://bozeman.granicus.com/player/clip/540?view_id=1&redirect=true&h=72dcebd30225d
eda25920f49d51a7dc8
The agenda item begins at time stamp 8:12.
Two public comment were heard at the Community Development Board hearing. Both
comments were in opposition of the request siting concerns about traffic, fire safety,
congestion, and public health.
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
302
22077 Staff Report for the South 8th Zone Map Amendment Page 3 of 26
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 24
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 26
FISCAL EFFECTS ................................................................................................................. 26
ATTACHMENTS ................................................................................................................... 26
303
22077 Staff Report for the South 8th Zone Map Amendment Page 4 of 26
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map
304
22077 Staff Report for the South 8th Zone Map Amendment Page 5 of 26
Figure 2: Current Zoning Map
B-2M Zoning
R-4 Zone
R-4 Zone
R-2 Zone
305
22077 Staff Report for the South 8th Zone Map Amendment Page 6 of 26
Figure 3: Future Land Use Designations
Urban
Neighborhood
Designation
Community
Commercial
Mixed
Designation
306
22077 Staff Report for the South 8th Zone Map Amendment Page 7 of 26
Figure 4: Historic District Illustration
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “South 8th Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “South 8th 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, and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
307
22077 Staff Report for the South 8th Zone Map Amendment Page 8 of 26
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on May 27, 2022. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on September 12, 2022. The meeting will
begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana,
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.
The City Commission will hold a public meeting on the zone map amendment on September
27, 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
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 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B); promote public health, public safety, and
general welfare (criteria C); and facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the
Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone
map amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of regulations for land development. Standards which prevent or mitigate negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
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22077 Staff Report for the South 8th Zone Map Amendment Page 9 of 26
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. 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 is within the urban area in the City’s adopted land use plan. As
shown on the maps in Section 1, the property is designated as Urban Neighborhood. The
subject property is surrounded by other Urban Neighborhood designated properties. 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
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
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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
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
The Applicant narrative makes a strong case in support of the requested zone change. Staff
generally concurs with these findings. The Argument chapter covers many of the review
criteria detailing the Location & Transportation, Residential Focused Mixed-Use, and Form &
Intensity Considerations. In addition, the applicant provided specific comment on the State
required review criteria. However, the application fails to address Theme 2: A City of Unique
Neighborhoods.
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, even within already developed areas. This
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policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Community Plan includes several goals and objectives that are broadly served through
this application, including:
The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale
development with a diverse mixture of possible uses. The R-5 district can help to absorb a
portion of the growth that is projected for the City and allows limited commercial activity to
support that residential activity. Supported goals include the following:
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to occur
at urban densities and will be within the City.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
Not all goals and policy of The Community Plan are furthered by this application. One example
is Goal N-4: Continue to encourage Bozeman’s sense of place and N-4.1 Continue to recognize
and honor the unique history, neighborhoods, neighborhood character, and buildings that
contribute to Bozeman’s sense of place through programs and policy led by both City and
community efforts.
Staff finds the application does not fully support Goal N-1: Support well-planned, walkable
neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing
middle housing. The R-5 district is designed to support apartment through higher minimum
densities although it does allow for a wide range of housing types. Townhomes and rowhouse
are allowed although our development industry has not focused attention on this type of
missing middle housing. This theme is co-listed with Goal N-3: Promote a diverse supply of
quality housing units and objective N-3.8 that is intended to promote the development of
"Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing,
group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable
housing.
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The subject property and adjacent R-4 zoned properties do not maximize permitted intensity.
However, there is a clear delineation line separating this parcel and others from the commercial
district to the north, see image below. As noted above, nearly all residential structures are two-
story or less and have a mass and scale representative of single-household homes. The question
of character highlights a central theme. Would R-4 or R-5 zoning promote the unique character
of the district more appropriately? The R-5 zone encourages larger development and more
density through decreased lot coverage, less parking, more height, allows commercial uses,
and an increase in minimum density. If fully developed, the R-4 zone allows considerable more
mass and bulk than currently constructed. As noted in the application submittal it is the
property owner’s intent to redevelop the site.
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those justifications.
First, a change in correlation between zoning and growth policy, and second, the owner
requests the change and can meet required standards. This report determines the required
standards can be met. No material conflicts with the growth policy have been identified.
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Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is vacant, except for a partially constructed stormwater facility on
the northwest corner of the property. Future development of the property will be required to
conform to all City of Bozeman public safety, building and land use requirements, which will
ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact safety
from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 4, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, and other facilities and services provided by the City. The adopted plans allow
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the City to consider existing conditions; and identify enhancements needed to provide service
to new development. See page 19 of the BCP 2020 for a listing. The City implements these
plans through its capital improvements program (CIP). The CIP identifies individual projects,
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction. Dedication of
school facilities is not required by municipal zoning standards. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all of the applicable requirements and development standards of
this chapter and other 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.”
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The R-5 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Criterion met. The requested change in zoning from R-4 to R-5 will not itself impact the
motorized and non-motorized transportation system. The transportation is complete that serves
the property. Future land uses and intensity of development are not entirely known. R-5 zoning
allows some commercial activity, but due to the size and configuration of the lot significant
additional traffic would not be anticipated.
The property is located on South 8th which is a designated Collector Street according to the
Bozeman Transportation Master Plan, 2017. Although not directly adjacent, West Babcock is
a designated Minor Arterial Street at this location.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 86, a Transit Score of 28, and Bike Score of 75. Average walk
score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the walk
score measures the walkability of any address based on the distance to nearby places and
pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
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G. Promotion of compatible urban growth.
Criterion not met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 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 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.”
Based on this definition the proposed map amendment is not congruent with compatible
development. An argument can be made the existing R-4 zoning is not in harmony with the
neighborhood and the NCOD due to scale of development allowed by the base zoning. The R-
5 inherent intensity erodes the character of the existing neighborhood and street scape with its
lot coverage, building height, and use. There is a clear delineation across the street by an alley
separating light commercial uses in similarly styled structures.
The Neighborhood Conservation Overlay District is an area that was created by the City of
Bozeman to recognize the historic core of the Bozeman community. It encompasses
Bozeman’s nine National Register of Historic Places historic districts, as well as the many
individual National Register listings. Please see Chapter 5 for a detailed description of each
historic district.
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All proposed alterations (including demolition) to structures and sites within the area are
subject to design review by the City of Bozeman Department of Planning and are subject to
standards set forth in the City of Bozeman Unified Development Ordinance (UDO), in addition
to these particular design guidelines.
As stated in the UDC section 38.340.010.C, “the intent and purpose of the conservation district
designation is to stimulate the restoration and rehabilitation of structures, and all other elements
contributing to the character and fabric of established residential neighborhoods and
commercial or industrial areas.”
Further, the ordinance states that while new construction is invited and encouraged, “primary
emphasis is given to the preservation of existing buildings, provided the design of such new
places enhances and contributes to the aesthetic character and function of the property and the
surrounding neighborhood or area.”
The concept behind the Neighborhood Conservation Overlay District concept is to protect
Bozeman against alteration and demolition that might damage the unique fabric created by the
hundreds of important buildings and sites that make up the historic core of Bozeman. However,
preservation of character is difficult when relying on the guidelines for development in the
NCOD. The standards that development is reviewed against are not regulatory. Sarah
Rosenberg, Bozeman Historic Preservation Officer, offers the following comment on the
application.
“Although 116 S. 8th Avenue is not located in a historic district, it is still located within
the Neighborhood Conservation Overlay District (NCOD). As outlined in the Bozeman
Community Plan, Goal N-4 encourages that Bozeman’s sense of place is continued and
neighborhood character is recognized and honored through programs and policies.
Chapter 38.340, Overlay District Standards, emphasizes that the aesthetic character and
function of the property and surrounding neighborhood maintains the historic
settlement patterns. With zone changes within the NCOD, it is necessary to evaluate
the surrounding character of the area including the size, scale, and setting of the
property. It is not the intent of the NCOD to discourage new construction or other
development but to ensure that any new space enhances and contributes to the
neighborhood.
This property is located in a neighborhood that reflects that of a more traditional
residential settlement pattern. The alley to the north acts as a buffer to distinguish
between the more intense commercial uses, the Cooper Park Historic District directly
east of the property, and the residential neighborhood that continues along South 8th
Avenue. The ZMA application narrative states that the reasoning for the zone change
to R-5 is to allow a mixed use building commercial on the ground floor and to
accommodate more residential units above it than the R-4 zone district allows. It is
important for the character of the street at this boundary to maintain that residential use
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along the ground floor such that is typical along South 8th. This R-4 zone district
boundary helps transition to the lower residential R-2 zone district a block south and
mainly makes up structures of one to four household dwellings.
From my analysis, the following is suggested for the property:
1. Maintain the R-4 zone district status.
2. Preserve the existing structures as they emulate the character of an established
neighborhood. Preserving existing buildings also helps satisfy the goals of the
Climate Action Plan to reduce construction waste that goes into the landfill.
3. Conduct a historic inventory to determine its contributing status as the property
does not have a form affiliated with it. This is also required per 38.340.120 if
the end goal is to demolish the structure.
4. If preserving the structures is not feasible, provide a detailed neighborhood
context study that could assist in bettering determine the form and scale of the
proposal, how it relates to the adjacent Cooper Park Historic District and the
South 8th Avenue corridor.”
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.
Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed
uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted
accessory and non-residential uses in residential zoning districts shows the R-5 district is more
permissive for retail and restaurant activity although those differences are restricted in size and
configuration to retain compatibility with the primarily residential uses in the zoning district.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-4
and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive
development. The more intensive development elements allowed in the R-5 district are subject
to additional development standards established in Article 38.5, Project Design, of the
municipal code. These standards address both site and building design to enable differing uses
and scales of development to be meet the definition of compatible in the municipal code and
presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
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B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
Staff concludes the proposed R-5 is not compatible urban growth as called for in the growth
policy. See also discussion for Criteria A & H.
H. Character of the district.
Criterion not 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. It is not expected that zoning freeze the character of an area in perpetuity.
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Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
The NCOD influences this application. As noted in criterion H and elaborated by the City’s
Historic Preservation Officer, a distinct neighborhood character exists. Although this property
and the adjacent properties are not inventoried as historic structures, they contribute to the
character of the street which is made up of single and two-story homes with porches and front
doors facing the street, gable roofs, and creates a protonate entrance to the Campus of Montana
State University. Although the City has adopted many standards to identify and avoid or
mitigate demonstrable negative impacts of development, they are limited in preserving the
character of the neighborhood.
Only one property is being considered for the zone change which is creating difficulty finding
that erosion of the character of the area is not being impacted. However, if a larger area or
number of properties were jointly request this zone change this analysis may indicate a
different determination.
Further analysis is provided under criterion G above. Based on the entirety of this discussion
staff finds the application does not promote the character of the district.
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated. However, considering the
context of the site with the statements of intent in the applicant submittal further development
will occur and will likely be residential.
As shown in Figure 4, the property is bounded by B-2M zoning on the north, R-4 to the west
and south, and R-2 to the east. The proposed R-5 district supports a greater variety uses that
R-4. Final determination of suitability will occur during the site development process.
The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary
purpose. While the R-4 district focuses on associated service functions, R-5 relies on
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residentially supportive commercial uses, emphasis added. Both districts provide for high-
density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to serve
the varying needs of the community's residents. Therefore, this criterion is met.
J. Conserving the value of buildings.
Neutral. The site has an existing two-household residential building with associated accessory
structure. R-5 zoning allows for more diverse development on the subject parcel. There is no
known data that suggests intensification adjacent to inholding properties diminished the value
of adjacent property or buildings, however, a perception of decreased value is often referenced.
Based on available evidence it appears that further intensification in increases the value of
property and buildings adjacent to those properties that experience development or
redevelopment.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed R-5 district, while other
buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack
of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application generally complies with the BCP 2020 by
proposing zone map amendments of districts that continue to implement the future land use
map designations. In this case, urban neighborhood development has been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that are appropriate to a site’s context and according to the BCP 2020.
Similarly, as stated by the applicant, “… the location is specifically appropriate to address the
goals of mixed-use development & density as they pertain to walkability, multi-modal
transportation, and proximity to commercial districts. Any future development must follow the
review processes defined in the Bozeman Unified Development Code in order to prove
compliance with standards and requirements as well as to evaluate the appropriateness of the
proposed land use.”
Bozeman Community Plan illustrates the most appropriate use of the land. In this case Urban
Neighborhood development has been identified by the community as the most appropriate
types of development for the property. The Unified Development Code contains standards,
protections and review processes to ensure the land is developed in ways that protect and
promote public health, safety, and general welfare.”
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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. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that
are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’
There are differences between R-4 and R-5 although not significant. There are incremental
increases in intensity and use. Please refer to Appendix C below for a complete list of
permitted and not permitted uses. As a result, the proposed R-5 zoning designation would
not result in primary uses of the site which are significantly different from prevailing and
planned land uses in the area. The R-5 zoning district has been determined to be an
implementing district of the Urban Neighborhood future land use designation.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. In order to determine whether or not this condition is present both this question and
the following point must be evaluated together. While the proposed zoning change directly
benefits one property owner and indirectly impacts or benefits adjacent properties and the
greater community. Analysis suggests the application furthers a number of review criteria
and does not promote others. This analysis indicates the presence of a narrow benefit for
the proposed change. If a larger area and number of property owners proposed this change
the analysis may indicate a different outcome.
However, the R-5 zoning designation is an implementing district to the Urban Residential
land use designation and may be utilized by any other property owners who wish to employ
the R-5 district to their respective property. The proximity of this site to supporting
residential development and other commercial areas will generally be conducive to
simultaneous emergence of residential and commercial activities, as supported by the BCP
2020, see Goal N-2. On the other hand, if the change results in deterioration of the
neighborhood then the only property owner and future residents of the development would
be most benefited by the proposed change.
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. No substantial negative impacts to the surrounding landowners or the general public
have been identified due to this amendment. While the number of landowners who will
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22077 Staff Report for the South 8th Zone Map Amendment Page 23 of 26
directly benefit from the proposed zone map amendment is small (one), the proposed
amendment is not at the expense of surrounding landowners or the general public. As
discussed above in the various review criteria, no substantial negative impacts have been
identified due to this amendment. The proposed R-5 zoning designation will allow for a
variety of uses conducive to the Urban Neighborhood land use designation.
Further, as discussed in Criterion A, the application is consistent with 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. Concurrency and adequacy of infrastructure remove most potential injury to
others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner
at the expense of others. Development of the site in any manner may create additional
demand for services and change the character of the site as a large retail space and
substantial parking area. A change to an urban district does not inherently injure the
surrounding landowners.
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 and legal description of the property), 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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22077 Staff Report for the South 8th Zone Map Amendment Page 24 of 26
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted an application to
rezone an existing parcel totaling 0.18 acres from R-4 to R-5. The property currently hosts a
detached residential structure and associated detached accessory buildings with alley access.
Although no future development plans were submitted or required with the application, based
on the applicant narrative it appears future development will be primarily residential with the
possibility of a commercial component.
The primary differences between the R-4 and R-5 districts are in permitted uses and
dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area
per residential unit, allows 10 more feet of height or five stories, smaller setbacks, and less
parking.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
July 17 and August 24, 2022. The Community Development Board hearing is scheduled for
August 1, 2022 and continued to September 12, 2022. The City Commission public hearing is
scheduled for August 16, 2022 and continued to September 27, 2022.
Public comment has been received on this application. Comments can be reviewed at the
following link:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=259743&dbid=0&repo=BOZEMAN&cr=1
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
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22077 Staff Report for the South 8th Zone Map Amendment Page 25 of 26
The Urban Neighborhood 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 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 R-5 (Residential Mixed-Use High Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
A full list of permitted use can be view in tables 38.310.030.A and B.
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22077 Staff Report for the South 8th Zone Map Amendment Page 26 of 26
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Jeremy Seglem, 102 Nostalgia Lane, Bozeman, MT 59715
Applicant: Aspekt Architecture, LLC, 1103 N. Pinecreast Drive, Bozeman, MT 59715
Representative: Aspekt Architecture, LLC, 1103 N. Pinecreast Drive, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260400&cr=1
326
Memorandum
REPORT TO:City Commission
FROM:BMassey
LClark
MHodnett
SUBJECT:Resolution 5413 - Annual Assessment for Business Improvement District
(BID) for Fiscal Year 2023
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5413 - Annual assessment for the
Business Improvement District (BID) for the FY 2023.
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:Per Montana Code Annotated 7-12-1132 the Commission was presented on
June 14, 2022 with the BID (Business Improvement District) work plan and
budget. As a result of that review, the attached resolution, Resolution 5413,
was drafted for approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:N/A
FISCAL EFFECTS:The downtown businesses within the business improvement district will be
billed based on their assessed taxable value as it relates to the taxable
valuation of the whole district. The assessment rate is 0.025767 per dollar of
taxable valuation, which is set to ensure $220,000.00 is billed per the BID
business plan.
Attachments:
Resolution 5413-BID Assessments FY23.docx
Schedule A-BID FY23.PDF
Report compiled on: September 14, 2022
327
Version April 2020
RESOLUTION 5413
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2023 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT
DISTRICT LOCATED IN THE CITY OF BOZEMAN’S DOWNTOWN AREA TO
DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE
BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN
THE DISTRICT’S WORK PLAN AND BUDGET.
WHEREAS, WHEREAS,Commission Resolution No.’s 4256, 4263 and 5140 and
Ordinance No. 1790 passed as aforesaid are hereby referred to and made a part of this resolution
for further particulars in respect to the boundaries of said district the purpose of the district and the
duration of the district, and
WHEREAS,Section 7-12-1132 (4) Montana Code Annotated provides that said special
assessments shall be made levied and collected in the same manner as are other special assessments
and levies of the City of Bozeman, and
WHEREAS, pursuant to Section 7-12-1132 (2) Montana Code Annotated the City
Commission did on the 14th day of June 2022 receive the work plan and budget submitted, and
WHEREAS,the work plan and budget provides for parcels to be assessed for that part of
the whole cost of the district which its taxable valuation bears to the total taxable valuation of the
property of the district pursuant to Section 7-12-1133 (2) c Montana Code Annotated, and
328
Version April 2020
WHEREAS,to defray the costs of the business improvement district for the coming
assessment year, the Commission must now establish an assessment to be levied for said year.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That to defray the estimated cost and expense of the business improvement district in the
City’s downtown area for the fiscal year 2023 there is hereby levied and assessed against the
taxable valuation of the several lots pieces and parcels of land benefited by the district within the
City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part
hereof which describes each lot or parcel of land with the name of the owner and or owners, if
known, and the amount assessed against the same that the several sums set opposite the names of
said owners; and the described lots and parcels of land are hereby levied and assessed upon and
against said lots and parcels of land for said purpose that the several sums be collected from the
respective owners of said lots and parcels of land described in said assessment list and owned by
them; that the said sums shall be paid and the collection thereof be made in the manner and in
accordance with Ordinance No. 1790 of the City of Bozeman Montana and the laws of the State
of Montana governing the collection of a business improvement district assessments; that failure
to pay such assessment when the same shall become due and payable shall make such persons and
such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes
and assessments; and that the November assessments shall become delinquent at 5:01 p m on
November 30, 2022 and the May assessments shall become delinquent at 5:01 pm on May 31,
2023.
Section 2
That each lot or parcel of land including the improvements thereon, may be assessed for
that part of the whole cost of the district which its taxable valuation bears to the total taxable
valuation of the property in the district. The assessment rate in said business improvement district
shall be $220,000.00 which is 0.025767 per taxable valuation.
329
Version April 2020
Section 3
That this assessment be levied for the fiscal year 2023 (July1, 2022 through June 30, 2023)
and be billed in October 2022 as are all other special assessments.
Section 4
That the assessments as collected shall be placed in the business improvement district fund
and shall be used to defray the costs thereof asprovided by law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of September, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #6 329.74
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #7 64.96
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #8 17.39
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #11 52.26
A.O. BUTLER LLC MENDENHALL MARKETPLACE CO UNIT R-6 ORIGINAL TOWNSITE LOT 13- 256.41
ABG LLC BRIDGERVIEW CONDO UNIT 1 35.40
ABG LLC BRIDGERVIEW CONDO UNIT 2 48.31
ABG LLC BRIDGERVIEW CONDO UNIT 12 21.67
ABG LLC BRIDGERVIEW CONDO UNIT 13 19.92
ABG LLC BRIDGERVIEW CONDO UNIT 16 39.60
ABG LLC BRIDGERVIEW CONDO UNIT 17 39.60
ABG LLC BRIDGERVIEW CONDO UNIT 18 27.96
ABG LLC BRIDGERVIEW CONDO UNIT 19 27.96
ABG LLC BRIDGERVIEW CONDO UNIT 20 27.96
ABG LLC BRIDGERVIEW CONDO UNIT 21 25.28
ABG LLC BRIDGERVIEW CONDO UNIT 22 27.03
ABG LLC BRIDGERVIEW CONDO UNIT 23 13.99
ABG LLC BRIDGERVIEW CONDO UNIT 24 5.23
ABG LLC BRIDGERVIEW CONDO UNIT 25 21.67
AKM 238 LLC OP LOT 10 BLOCK C, ALL LOTS 11 & 12 BLOCK C 1,356.64
AKM 310 LLC OP LOT 13, W 16' LOT 14 BLOCK C 1,119.33
ALBERTINA, EDELBLUT BAXTER CONDO UNIT 5B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 98.61
ALLIED MANUFACTURING CORP OP E 13' OF LOT 6 W 13' L BLOCK B 852.87
AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSE 1ST LOTS 10-19 W 1/ LOT 20 BLOCK E 689.89
AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSES 1ST LOTS 10-19 W 1 LOT 20 BLOCK E 1,266.10
ANGEL, GEOFFREY C & CARRI BAXTER CONDO UNIT 3C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 74.88
ARCHROCK LLC OP E 5' OF LOT 7 & W 27 1 OF LOT 8 BLOCK C 874.80
ARRINGTON RANCH LLC OP E 9' LOT 8, W 18.5' OF LOT 9 BLK E 770.36
BAR KEEPER LLC OP PORTION LOTS 15-16, A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 192.12
BAR KEEPER LLC OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 172.46
BAXTER MAIN LLC TRACYS 1ST WEST 10' LOT 4 BLOCK B BID ONLY 106.99
BAXTER MAIN LLC BAXTER CONDO UNIT 6E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 72.41
BAXTER MAIN LLC BAXTER CONDO UNIT BA TRACYS 1ST LOTS 1-4 & E 18' LOT 4 BLOCK B 9.53
BAXTER MAIN LLC BAXTER CONDO UNIT BB TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 2.47
BAXTER MAIN LLC BAXTER CONDO UNIT BC TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.16
BAXTER MAIN LLC BAXTER CONDO UNIT BD TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 3.53
BAXTER MAIN LLC BAXTER CONDO UNIT BE TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.57
BAXTER MAIN LLC BAXTER CONDO UNIT BF TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 2.40
BAXTER MAIN LLC BAXTER CONDO UNIT BG TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 8.35
BAXTER MAIN LLC BAXTER CONDO UNIT BH TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.44
BAXTER MAIN LLC BAXTER CONDO UNIT BJ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 8.86
BAXTER MAIN LLC BAXTER CONDO UNIT BK TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.93
BAXTER MAIN LLC BAXTER CONDO UNIT BL TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 13.71
BAXTER MAIN LLC BAXTER CONDO UNIT BM TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 6.91
BAXTER MAIN LLC BAXTER CONDO UNIT BN TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 34.45
BAXTER MAIN LLC BAXTER CONDO UNIT BP TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 10.59
BAXTER MAIN LLC BAXTER CONDO UNIT BQ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.00
BAXTER MAIN LLC BAXTER CONDO UNIT BR TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B .98
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
BAXTER MAIN LLC BAXTER CONDO UNIT BS TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 7.81
BAXTER MAIN LLC BAXTER CONDO UNIT BT TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 9.79
BAXTER MAIN LLC BAXTER CONDO UNIT BU TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 6.06
BAXTER MAIN LLC BAXTER CONDO UNIT BV TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 5.31
BAXTER MAIN LLC BAXTER CONDO UNIT BW TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 11.49
BAXTER MAIN LLC BAXTER CONDO UNIT 1A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 150.02
BAXTER MAIN LLC BAXTER CONDO UNIT 1B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 88.64
BAXTER MAIN LLC BAXTER CONDO UNIT 1C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 39.76
BAXTER MAIN LLC BAXTER CONDO UNIT 1D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 82.51
BAXTER MAIN LLC BAXTER CONDO UNIT 1E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 49.52
BAXTER MAIN LLC BAXTER CONDO UNIT 1F TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 73.20
BAXTER MAIN LLC BAXTER CONDO UNIT 1G TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 60.11
BAXTER MAIN LLC BAXTER CONDO UNIT 1J TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 7.11
BAXTER MAIN LLC BAXTER CONDO UNIT 1K TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 131.82
BAXTER MAIN LLC BAXTER CONDO UNIT MA TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 59.16
BAXTER MAIN LLC BAXTER CONDO UNIT MB TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 132.19
BAXTER MAIN LLC BAXTER CONDO UNIT MC TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 21.34
BAXTER MAIN LLC BAXTER CONDO UNIT MD TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 24.02
BAXTER MAIN LLC BAXTER CONDO UNIT MF TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 21.57
BAXTER MAIN LLC BAXTER CONDO UNIT MG TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 14.76
BAXTER MAIN LLC BAXTER CONDO UNIT MH TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 12.55
BAXTER MAIN LLC BAXTER CONDO UNIT MJ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 11.93
BAXTER MAIN LLC BAXTER CONDO UNIT 2A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 318.69
BAXTER MAIN LLC BAXTER CONDO UNIT 3B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 98.64
BAXTER MAIN LLC BAXTER CONDO UNIT 3E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 71.43
BAXTER MAIN LLC BAXTER CONDO UNIT 4A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 95.36
BAXTER MAIN LLC BAXTER CONDO UNIT 4B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 95.85
BAXTER MAIN LLC BAXTER CONDO UNIT 4C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 81.42
BAXTER MAIN LLC BAXTER CONDO UNIT 4D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 73.49
BAXTER MAIN LLC BAXTER CONDO UNIT 4E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 72.41
BAXTER MAIN LLC BAXTER CONDO UNIT 5A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 96.19
BAXTER MAIN LLC BAXTER CONDO UNIT 5C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 82.66
BAXTER MAIN LLC BAXTER CONDO UNIT 5D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 73.49
BAXTER MAIN LLC BAXTER CONDO UNIT 6D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 73.49
BAXTER MEZZ LLC-BAXTER HO BAXTER CONDO UNIT 1H TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 82.61
BAXTER MEZZ LLC-BAXTER HO BAXTER CONDO UNIT ME TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 39.84
BAXTER MEZZ LLC-BAXTER HO TRACYS 1ST LOT 13 BLOCK B 67.30
BAYR-NOBEL, CLAUDIA HBP RESIDENTIAL CONDOMINI UNIT 308 TRACYS 2 LOT 1A BLK A 142.34
BAYR-NOBEL, CLAUDIA HBP RESIDENTIAL CONDOMINI UNIT 322 TRACYS 2 LOT 1A BLK A 202.01
BCA RE, LLC OP 1.5' E SIDE LOT 4 & W LOT 5 BLK B PLAT C-1-B 860.96
BERG, DAN & DEANA STORYS SOUTH 45.5 LOTS 10 BLOCK B WEST 23 X 60' OF ALDERSONS AE LOT IV 234.97
BETHERE LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 238.24
BICKEL, JOHN D & MARY A HBP RESIDENTIAL CONDOMINI UNIT 323 TRACYS 2 LOT 1A BLK A 206.99
BJORKLUND, STEVE STORYS S43' OF LOTS 10-11 BLOCK B 343.94
BLESSING BOZEMAN PROPERTY HBP RESIDENTIAL CONDOMINI UNIT 417 TRACYS 2 LOT 1A BLK A 262.39
BLUEVIEW LLC HBP RESIDENTIAL CONDOMINI UNIT 511 TRACYS 2 LOT 1A BLK A 204.36
BOCAR FAMILY HOLDINGS LIM OP LOT 14, PORT LOTS 15 & BLOCK D 1,115.05
BOULOUKOS, DEAN HBP RESIDENTIAL CONDOMINI UNIT 315 TRACYS 2 LOT 1A BLK A 146.20
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
BOUMA, LOGAN C HBP RESIDENTIAL CONDOMINI UNIT 506 TRACYS 2 LOT 1A BLK A 199.36
BOZEMAN HOSTEL LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT A 333.45
BOZEMAN RED LLC HBP RESIDENTIAL CONDOMINI UNIT 421 TRACYS 2 LOT 1A BLK A 202.14
BROOKS, KENT & KENT LLC ROUSES 1ST LOTS 26-28 & LOT 25 BLOCK E 721.20
BUCKHAVEN HOLDINGS LLC HBP RESIDENTIAL CONDOMINI UNIT 310 TRACYS 2 LOT 1A BLK A 326.93
BURGARD, STANLEY & LOIS OP LOTS 1-5 BLOCK I 1,130.87
BUTLER, MACK OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 175.91
BUTLER, MACK OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 53.08
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOT 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 75.01
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 34.79
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 43.98
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 16.75
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 37.05
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 9.69
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 36.05
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 64.62
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 69.83
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 38.91
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 42.98
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 63.49
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 19.69
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 40.40
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 64.44
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 37.65
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 22.34
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 11.18
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 34.73
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 9.69
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 36.05
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 63.70
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 29.32
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 46.56
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 65.06
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 98.61
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 43.29
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 43.39
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 12.55
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 15.49
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 54.39
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 16.77
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 15.41
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 22.98
BUTLER, MACK OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 9.69
BUTLER, MACK OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 25.25
BUTLER, MACK OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 25.25
BUTLER, MACK OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 25.28
BUTLER, MACK OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 25.28
CARMEL, CHRISTOPHER F & L HBP RESIDENTIAL CONDOMINI UNIT 517 TRACYS 2 LOT 1A BLK A 262.39
333
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
CB HOTEL I LLC HBP RESIDENTIAL CONDOMINI UNIT 512 TRACYS 2 LOT 1A BLK A 200.31
CEG LLC TRACYS LOTS 5-6 BLOCK B 1,231.70
CEG LLC OP E 9 1/2' LOT 9, W 18' LOT 10 BLOCK E 935.32
CELL BLOCK B LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT B 351.39
CELL BLOCK B LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT C 249.19
CELL BLOCK B LLC OP E 18 1/2' LOT 9 BLOCK W 4' LOT 10 BLOCK F 974.95
CGS GROUPL LTD OP E24' OF LOT 10 ALL LOTS 11-12 BLOCK F 2,943.33
CIMMIYOTTI, CYD HBP RESIDENTIAL CONDOMINI UNIT 415 TRACYS 2 LOT 1A BLK A 146.20
CLAEYS, WENDY J & GREGORY HALL COMMERCIAL BLD CONDO UNIT 2 ROUSES 1ST E 12' LOT 23 A 525.62
COLE, STEPHEN T & ADRIENN HBP RESIDENTIAL CONDOMINI UNIT 407 TRACYS 2 LOT 1A BLK A 308.90
COLOMBO JR, JOSEPH J STORYS LOT 11 22.5'WS LO N 4' LOT 12 BLOCK A, 4'N OF W 22.5' LOT 13 BLOCK 1,173.49
COMBS, VIRGINIA HBP RESIDENTIAL CONDOMINI UNIT 416 TRACYS 2 LOT 1A BLK A 146.20
CONNELL, TEMPE FARLEY JACOB'S CROSSING RESIDENT UNIT B ROUSE'S 1ST LOTS 6 152.88
COPPER 101 LLC OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 928.34
COWDREY, MARVIN & JUDY STORYS LOTS 1-4, 17-18 BL ALDERSONS A E E 60' END L 3,124.48
CRYSTAL BOZEMAN PROPERTY OP W 24.55' LOT 7A BLOCK 755.39
CUROTTO, KATHLEEN D TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT E 87.76
DAVISON, JEFFREY C & RONA HBP RESIDENTIAL CONDOMINI UNIT 311 TRACYS 2 LOT 1A BLK A 200.49
DB LLC OP E 5' LOT 4, W 26' LOT BARNETT CONDOS UNIT A BLOCK F 547.94
DECKER BUILDING, LLC ROUSES 1ST LOTS 3-5 BLOCK 722.92
DECOSSE EASTGATE LLC OP E 19.37' LOT 10, W 5.8 OF LOT 11 BLOCK D 865.39
DECOSSE EASTGATE LLC OP S 64' LOTS 29-31 BLOCK 24 X 64' SOUTHWEST LOT 28 BLOCK D 108.04
DERIENZO, JENNIFER HBP RESIDENTIAL CONDOMINI UNIT 413 TRACYS 2 LOT 1A BLK A 146.20
DOGTEROM, DANA M & TONI L BAXTER CONDO UNIT 6A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 198.97
DONALD R BAIDE REVOC TRUS ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 1 154.32
DONALD R BAIDE REVOC TRUS ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 2 285.96
DONALD R BAIDE REVOC TRUS ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 4 153.80
DOWNTOWNER LLC STORYS SOUTH 85' LOTS 12 ALDERS AREA BLOCK B 75 FE EAST END LOT 4, 45 FEET W 649.08
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 365.43
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 143.91
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 935.04
DOWNTOWNER LLC DOWNTOWNER MALL CONDO-STO ADD LT 1-3 & 5'ES LT 4 BL S 85' LT 12-15 LT 16-18 B 1,023.03
DOWNTOWNER LLC STORYS LOTS 16-18 BLOCK B ALDERSONS AREA 90' EAST END III 515.58
DOWNTOWNER LLC STORYS LOTS 1-3, 5' ES LO BLOCK B DOWNTOWNER MALL UNIT C 236.77
DT APARTMENTS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 202 293.82
DUTTON DEVELOPMENT LLC TRACYS W .86' LOT 8, ALL LOTS 9-10 BLOCK B NOW LOT 10A 1,410.32
DWAP LLC MENDENHALL MARKETPLACE CO UNIT R-1 ORIGINAL TOWNSITE LOT 13- 281.79
DWAP LLC MENDENHALL MARKETPLACE CO UNIT R-2 ORIGINAL TOWNSITE LOT 13- 266.69
EARL PEACE REALTY LLP ROUSES 1ST LOTS 21-22 BLO 421.14
EARL PEACE REALTY LLP ROUSES 1ST LOT 19-20 BLOC 427.48
EAST BABCOCK LLC ROUSES 1ST LOTS 17-18 BLO 353.86
EDELBLUT, ALBERTINA TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT F 112.53
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 309 TRACYS 2 LOT 1A BLK A 142.34
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 313 TRACYS 2 LOT 1A BLK A 146.20
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 314 TRACYS 2 LOT 1A BLK A 146.20
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 317 TRACYS 2 LOT 1A BLK A 262.39
ELVROM, RYAN & MANDY MENDENHALL MARKETPLACE CO UNIT R-4A ORIGINAL TOWNSITE LOT 13- 94.33
EPSTEIN, SARAH TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT I 111.96
334
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
EVANS, ROBERT O OP LOT 5 BLOCK E 806.98
EVANS, ROBERT O OP LOT 6 BLOCK E 835.19
F & H LLC OP E 2.5' BLOCK D LOT 2, ALL LOTS 3, 4 & 5 & W 11. LOT 6 3,529.72
FETTERMAN, CRAIG BAXTER CONDO UNIT 6B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 98.61
FIRST PRESBYTERIAN CHURCH STORY ADD PARCEL 1A PLAT C-22-D .195 ACRES 517.97
FIRST SECURITY BANK OF BO OP E 14' LOT 6 ALL LOT 7 LOT 11 BLOCK H 311.34
FISHER, CHARLES D & LAURA HALL COMMERCIAL BLDG COND UNIT 1 ROUSES 1ST E 12' LOT 23 A 487.26
FIVE'S THE MOST LLC TRACYS ALL LOT 9, W25' LO BLOCK A 1,495.19
FLAT WATER PROPERTIES LLC ROUSES 1ST LOTS 6-9 BLOCK 804.25
FOURTH CRUSADE LLC TRACYS W25' LOT 13 BLOCK MCLEOD BUILDING 833.31
FOURTH CRUSADE LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 1 276.51
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 94.10
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 59.39
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 94.93
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 27.75
FROSTIC, PETER HBP RESIDENTIAL CONDOMINI UNIT 423 TRACYS 2 LOT 1A BLK A 204.08
GALLATIN LABOR TEMPLE ROUSES 1ST LOT 20 W22' LOT 21 BLOCK F 403.33
GALLATIN LODGE NO 6AF & A OP E10' OF LOT 10 ALL LOT 11 BLOCK E 1,098.92
GALLATIN REALTY CO INC OP E 12.5 ' OF LOT 5 & W LOT 6 BLOCK B PLAT C-1-B 692.26
GARSKE, DANIEL & SHANA HBP RESIDENTIAL CONDOMINI UNIT 518 TRACYS 2 LOT 1A BLK A 234.97
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID & SID ONLY WILLSON BUILDING CONDOS U 376.54
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 281.35
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 142.42
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 185.94
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY GENERAL WILLSON BLDG COND 157.03
GETZ JR, BERT A HBP RESIDENTIAL CONDOMINI UNIT 307 TRACYS 2 LOT 1A BLK A 308.90
GLACIER BANK OP LOTS 1-4, W 5'LOT 5 & LOTS 29-36 BLOCK C 7,314.25
GLACIER BANK OP LOTS 25-28 BLOCK C 21.4 X 120' SOUTH OF SAME ALL OF LOT 24 WEST OF OLD 308.30
GLACIER BANK GUYS 1ST WEST 30 FT 1/2 A LOT 5 EAST 25 FT FRACTION LOT 2 205.75
GLACIER BANK GUYS 1ST 64.5 X 140 IN NORTHWEST CORNER OF TRACT 210.49
GOLDEN RULE HOLDINGS LLC TRACYS WEST 12.8' LOT 3, LOTS 4-5, 3.5 EASTSIDE LO BLOCK A 2,430.72
GORDY, MARGARET GRACE & B JACOB'S CROSSING RESIDENT UNIT D ROUSE'S 1ST LOTS 6 170.73
GREEN ELEPHANT DEVELOPMEN OP LOT 6A BLOCK I 407.89
GREEN MEANS GO OP NORTH 100' OF LOTS 17 & NORTH 100' OF WEST 18' LOT 19 BLOCK I PLUS VACAN 370.66
GSC FAMILY LLC ROUSES 1ST W 16' LOTS 6,7 & LOT 9 BLOCK F 691.33
G25 HOLDINGS LLC O P-BOZ LOTS 6-12 BLOCK G AMENDED PLAT LOT 6-A PLAT C-1-L .684 ACRES 8,579.62
HAGEN, AARON ADRIAN OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 70.73
HAJ JAVAD LLC ROUSES 1ST LOTS 1 & 2 BLO 492.15
HAJ JAVAD LLC OP LOT 1 & W 25.5' OF LOT BLOCK D RUG GALLERY 1,164.70
HAJ JAVAD LLC OP 60' S ENDS OF LOTS 32- BLOCK D 258.42
HAJ JAVAD LLC OP N 90' LOTS 32-33 BLOCK 334.74
HAMILTON PROPERTY MGMT LL STORYS W 24' LOT 8, E .05' LOT 9 BLOCK A 788.17
HANSON, KANDACE & EVE DAR ROUSES 1ST BOZ ,E 20' LOT W 15' LOT 4 BLOCK F 500.24
HIGH COUNTRY MALL LLC TRACYS 1ST EAST 12' LOT 1 LOTS 17-20 BLOCK B 995.88
HIGH COUNTRY MALL LLC TRACYS 1ST PORTION LOTS 1 BLOCK B COS 1163 TRACT B 119.15
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 156.74
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 197.17
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 40.27
335
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 375.27
HINES BUILDINGS LLC TRACYS 2 LOTS 1-3 E 1/2 LOT 4 BLOCK B 1,250.76
HINMAN, TOMMY & LINDA OP SOUTH 60' LOTS 18-22 BLOCK H 515.55
HOLLORAN, ANDREW & LAURA MERIN CONDO UNIT 108 OP S1/2 LOTS 35-38 BL 1 168.78
IES PROPERTIES LLC ROUSES 1ST LOTS 23-24 BLO 336.93
JAB RENTALS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 6 184.47
JOHNSON, LIANE S OP LOTS 1-3 BLOCK H 797.31
JUST PLAIN LOCAL LLC ROUSES 1ST LOT 1 & 2 BLOC 421.22
KENYON NOBLE LUMBER CO OP LOT 13 TO LOT 18 & NORTH 1/2 OF LOT 19 BLOCK 1,178.02
KETTERER LLC TRACYS E1/2 LOT 18, ALL LOTS 19-20 BLOCK C 947.49
KIRT, KAREN M JACOB'S CROSSING RESIDENT UNIT A ROUSE'S 1ST LOTS 6 234.84
KLARE, ARTHUR M & JO ANN GUYS 1ST EAST 102 FT 1/2 LOT 5 & WEST 18 FT 1/2 AC LOT 4 827.33
KOSTELECKY, CAMILLE STORYS W 29.5' LOT 9, E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 424.02
KOSTELECKY, CAMILLE STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 76.17
KREMER, WESLEY D & KERSTE HBP RESIDENTIAL CONDOMINI UNIT 510 TRACYS 2 LOT 1A BLK A 415.08
KURUCZ, JONNA STILES TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT C 97.12
LEVY, JACOB B HBP RESIDENTIAL CONDOMINI UNIT 318 TRACYS 2 LOT 1A BLK A 236.90
LOSEFF, DAVID TRACYS 1ST PART LOTS 14-1 BLOCK B COS 1163 TRACT A 112.19
LOVELACE HOLDINGS LLC STORYS W 3' LOT 3, ALL LOTS 4-5 BLOCK A 4' N END LOTS 18-19 4' N W3'LOT 20 2,179.88
LUCKY STAR PROPERTIES LLC STORYS LOTS 6-7, E 6' LOT N 4' LOTS 15-16 & LOT 17 BLOCK A FLORENCE CONDOS 223.76
LUCKY STAR PROPERTIES LLC 79.78
LUNDWALL LLC TRACYS E22.5' LOT 7 BLOCK JOHN BOZEMAN'S BISTRO 886.57
MAGNIFICENT SEVEN LLC ROUSES 1ST LOTS 3-8 BLOCK 1,081.09
MANIGAULT, FRANCOISE TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 182.20
MARTIN III, JAMES TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 3 345.67
MARTIN-EMERSON, ROBIN LEE HBP RESIDENTIAL CONDOMINI UNIT 414 TRACYS 2 LOT 1A BLK A 146.20
MASONIC TEMPLE BOZEMAN OP BLOCK A LOTS 1 2,989.02
MCGUANE, LORAINE BUFFETT HBP RESIDENTIAL CONDOMINI UNIT 316 TRACYS 2 LOT 1A BLK A 146.20
MCPHIE HOLDINGS LLC ROUSES 1ST E 12' LOT 6, W LOT 5 BLOCK F 436.39
MDB/JCB II LLC OP E 3 1/2' LOT 2, ALL LOTS 3 & 4 BLOCK E 1,356.98
MDB/JCB III LLC STORYS WEST 54.3' OF SOUT LOTS 1-2 TRACT ADJ BLK A 555.08
MDB/JCB III LLC TRACYS 21.5 X 50' SOUTHEA CORNER OF LOT 22 BLOCK B 50' SOUTH ENDS OF LOTS 23 409.29
MDB/JCB LLC OP E 4' 10" IN LOT 5 & ALL LOT 6 BLOCK F 762.73
MGVR LAND LLC OP E 25' LOT 5, ALL LOT 6 W 25' LOT 7 BLOCK C 2,166.20
MILLER, DOUGLAS & JOYCE TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT H 84.52
MITRO, THOMAS & MARY HBP RESIDENTIAL CONDOMINI UNIT 412 TRACYS 2 LOT 1A BLK A 202.22
MKS & J INC BRIDGERVIEW CONDO UNIT 14 69.85
MKS & J INC BRIDGERVIEW CONDO UNIT 15 81.48
MKS & J INC BRIDGERVIEW CONDO UNIT 26 21.67
MKS & J INC BRIDGERVIEW CONDO UNIT 27 50.17
MMJB PROPERTIES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 206.78
MMJB PROPERTIES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 174.11
MMSB LLC STORYS LOTS 16-17, LESS 13 X 30' IN CORNER OF LOT BLOCK A ADJACENT TO 3 X 6 522.84
MODYANOV, NADEZHDA, LUDMI HBP RESIDENTIAL CONDOMINI UNIT 321 TRACYS 2 LOT 1A BLK A 204.08
MONTANA J & L LLC OP LOT 8A BLOCK B PLAT C-1-G 1,787.78
MOOSE POINT LP ROUSES 1ST LOTS 15-17 & E OF LOT 18 BLOCK A 243.40
MOOSE POINT LP JACOB'S CROSSING BASEMENT UNIT B-1 ROUSES 1ST LOTS 82.12
MOOSE POINT LP JACOB'S CROSSING RETAIL UNIT R-1 ROUSE'S 1ST LOTS 264.89
336
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
MOOSE POINT LP JACOB'S CROSSING RETAIL UNIT R-2 ROUSE'S 1ST LOTS 509.93
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-1 ROUSE'S 1ST LOTS 214.64
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-2 ROUSE'S 1ST LOTS 270.74
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-3 ROUSE'S 1ST LOTS 267.26
MOOSE POINT LP DUNBAR BUILDING BASEMENT UNIT D B-1 ROUSE'S 1ST LOTS 6-14 198.92
MOOSE POINT LP DUNBAR BUILDING BASEMENT UNIT D B-2 ROUSE'S 1ST LOTS 6-14 111.13
MOOSE POINT LP DUNBAR BUILDING RETAIL UNIT D R-1 ROUSE'S 1ST LOTS 6-14 346.34
MOOSE POINT LP DUNBAR BUILDING RETAIL UNIT D R-2 ROUSE'S 1ST LOTS 6-14 235.56
MOOSE POINT LP DUNBAR BUILDING OFFICE UNIT D 0-1 ROUSE'S 1ST LOTS 6-14 260.27
MOOSE POINT LP DUNBAR BUILDING OFFICE UNIT D 0-2 ROUSE'S 1ST LOTS 6-14 336.16
MOOSE POINT LP JACOB'S CROSSING BASEMENT UNIT B-2 ROUSE'S 1ST LOTS 142.31
MOOSE POINT LP ROUSES 1ST LOTS 27-28 BLO WEST 1 1/2' LOT 26 BLOCK 185.55
NEISHABOURI, JALAL OP CENTER S 100' LOTS 34- BLOCK D OLD BOZEMAN TV AND APPLIA 594.55
NEXT CHAPTER PROPERTIES L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 2 280.71
NORTH FORTY LLC ROUSES 1ST LOTS 22-24 BLO 623.69
NORTH FORTY LLC ROUSES 1ST E 1/2 LOT 20 A LOT 21 BLOCK E 582.16
NORTH PEACH LLC MENDENHALL MARKETPLACE CO UNIT R-7B ORIGINAL TOWN SITE LOT 13 126.57
OLD MARSH HOLDINGS LLC STORYS N49.5' LOTS 10-11 BLOCK B 399.52
OLD SCOUT LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #2 66.43
OLIVE STREET LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 83.72
OLSEN, SCOTT ROBERT OP NORTH 100' OF LOTS 17 & NORTH 100' OF WEST 18' LOT 19 BLOCK I PLUS VACAN 308.28
ONE WEST MAIN LLC TRACYS LOT 2, E 15.2' LOT BLOCK A 1,323.69
OSBORNE BUILDING LLC OP LOT 9A BLK D PLAT C-1-R 4,295.39
OSSORIO, FREDERIC E & STA HBP RESIDENTIAL CONDOMINI UNIT 411 TRACYS 2 LOT 1A BLK A 200.49
OWENHOUSE HARDWARE CO OP NORTH 60' LOTS 12-14 & LOTS 15-17 & ADJ 20' STRI SOUTH END BLOCK A 1,588.06
OWENHOUSE HARDWARE CO OP ALL LOT 9 & W 15' OF LOT 10 BLOCK A 1,166.94
PELLETT, CYNTHIA & CLEM HBP RESIDENTIAL CONDOMINI UNIT 422 TRACYS 2 LOT 1A BLK A 204.08
PENLAND RENTALS LLC ROUSES 1ST E 24' LOT 27, LOT 23 BLOCK F 446.93
PERRY, JENNIFER & GREGG W TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT A 101.68
PETERSEN HOLDINGS LLC OP SOUTH 80' LOTS 20 & 21 LOTS 22 & 23 LESS 10'X70' NE CORNER OF LOT 22 PLUS 232.78
PETERSEN HOLDINGS LLC OP LOT 24 BLOCK D 123.66
PETERSEN LEGACY LLC OP NORTH 70' OF LOTS 20 & BLOCK D (SERVICE ELECTRIC BLDG) 289.49
PHEASANT FARMS LLC STORYS LOT 1, E25' LOT 2, LESS S 35' BLOCK A 1,755.78
PJ PARTNERS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 3 171.04
PLANALP, NANCY S TRACYS LOTS 7-10 BLOCK C 998.27
PONY CREEK PARTNERS LLC STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 435.18
POWER BUILDING LLC OP LOT 5 & W 5' OF LOT 6 BLOCK A 1,042.18
PRAGER, DENIS J & BARBARA JACOB'S CROSSING RESIDENT UNIT E ROUSE'S 1ST LOTS 6 181.86
PROVENANCE PLACE LLC MERIN CONDO STE B OP S1/2 LOTS 35-38 BL 1 163.44
R&B HOLDINGS LLC MENDENHALL MARKETPLACE CO UNIT R-8 177.95
RAD HOLDINGS LLC ROUSES 1ST ALL LOT 25 AND E 26 1/2' LOT 26 BLOCK B 187.74
RAD HOLDINGS LLC ROUSES 2ND TRACT 2 LOT 1 4 X 122' NORTH OF LOT 2 BLOCK A 224.59
RAFFETY, LARRY J HBP RESIDENTIAL CONDOMINI UNIT 516 TRACYS 2 LOT 1A BLK A 146.20
REAL ANGELS LLC ROUSES 1ST LOT 1 & E 22' BLOCK F 1,097.06
RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 418 TRACYS 2 LOT 1A BLK A 234.97
RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 521 TRACYS 2 LOT 1A BLK A 507.28
RENSLOW GROUP LLC MERIN CONDO STE A OP S1/2 LOTS 35-38 BL 1 202.27
RIDGE, LLC OP ALL LOTS 4 & 5 W 1/2 O LOT 6 BLOCK H 633.54
337
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BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
RINNERT, MANCY L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT B 100.05
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 383.42
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 275.73
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 235.07
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 264.35
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 686.44
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 1,422.92
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 620.24
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 891.36
RT404 BABCOCK LLC HARPERS LOTS 19 & 20 WES OF LOT 21 BLOCK A PLAT C-21C 614.34
RUTHERFORD, LADD D & BARB OP W 17 1/2' LOT 15 & E 5 OF LOT 16 BLOCK H 118.27
SA SORENSON LLC HARPERS LOT 26 BLOCK A EA LOT 25 AND VACATED ALLEY 16' X 140' IN BLOCK A 166.48
SA SORENSON LLC HARPERS EAST 12' LOTS 21, LOT 24 WEST 22' OF LOT 25 BLOCK A FOR THE BOWL 969.16
SABOL, RENEE T OP N87.5' LOTS 30 & 31 E8 OF N 90' LOT 32 BLOCK D 295.29
SABOL, RENEE T OP LOT 7A & LOT 8 BLOCK I 442.29
SABOL, RENEE T OP LOTS 9-10 BLOCK I 193.72
SCHRIOCK, STEPHANIE ANN BAXTER CONDO UNIT 3A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 95.36
SCHULZE, BRIGITTE M OP LOTS 1,2 & W 9' LOT 3 BLOCK F 1,432.91
SCURRY, KIMBERLY & JOHN P TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT D 111.88
SEITZ, FRANK C ROUSES 1ST E6' LOT 21, AL LOT 22 W 16'23 BLOCK F 532.63
SELAH GROUP LLC OP 3.45' E.S. LOT 7 & 19' LOT 8 BLOCK E 741.42
SENNETT, ELIZABETH 2012 R TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT G 100.83
SHYNE-KALSOW, MICHAELA HBP RESIDENTIAL CONDOMINI UNIT 406 TRACYS 2 LOT 1A BLK A 199.36
SLEEPY EYE LLC ROUSES 1ST LOTS 10-14 BLO OLD CITY HALL 941.61
SNOWY LANDS LLC MENDENHALL MARKETPLACE CO UNIT R-7A ORIGINAL TOWNSITE LOT 13- 209.72
SOPER, CHARLES & HEIDI A OP W 22.5' LOT 16 ALL LOT BLOCK H 173.98
SOPER, CHARLES VERN& HEID OP 90' N ENDS LOTS 18-22 BLOCK H 369.14
SORENSON, SCOTT HARPERS LOT A BLOCK A AME LOTS 1-4 BLOCK A & VACANT ALLEY 268.11
STEIS, CHRISTOPHER JOSEPH HBP RESIDENTIAL CONDOMINI UNIT 312 TRACYS 2 LOT 1A BLK A 200.31
STRAIGHTAWAY BOZEMAN INVE OP BLOCK G LOT 1-A .46 ACRES 10,347.79
SV INVESTMENTS LLC HBP RESIDENTIAL CONDOMINI UNIT 408 TRACYS 2 LOT 1A BLK A 142.34
SWN CREEKSIDE LLC OP LOTS 14-16 BLOCK I 551.39
T & ME LLC TRACYS E 27.14' LOT 8, W5 LOT 7 BLOCK B 1,060.47
T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 161.79
T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 5.00
T & W COWDREY PROPERTIES OP PORTIONT LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 151.10
TBAK LLC HBP RESIDENTIAL CONDOMINI UNIT 507 TRACYS 2 LOT 1A BLK A 308.90
THE BOZEMAN RIALTO LLC STORYS BOZEMAN E 27' LOT 2 5.75' LOT 2, 4 X 5.75' CORNER BLK A LOT 21, 4' N 1,482.18
THE ETHA HOTEL LLC TRACY'S 1ST ADD E 1.25 FT LOT 16, ALL LOTS 17-20 & 24.5 FT OF LOT 21 BLK A 12,351.29
THE GREGORY & PAMELA HARR BAXTER CONDO UNIT 3D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 65.94
THE IMPERIAL FOUR HUNDRED STORYS W 25' LOT 4, ALL LOTS 5-7 S 18' LOTS 8-9 BLOCK B & N 53' LOTS 12-1 2,280.83
THE IMPERIAL FOUR HUNDRED STORYS N120' LOTS 8-9 BLO 1,680.59
THE JACK STONE TRUST JACOB'S CROSSING RESIDENT UNIT C ROUSE'S 1ST LOTS 6 142.42
THOMPSON, ARTHUR JOHN BAXTER CONDO UNIT 6C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 82.66
TWO SISTERS HOLDING CO LL OP E 22.19' OF LOT 11 & A LOT 12 BLOCK D 1,226.72
TWO SISTERS HOLDING CO LL OP LOT 13 BLOCK D 738.15
UNGERSMA, RICK & SHANNON HBP RESIDENTIAL CONDOMINI UNIT 410 TRACYS 2 LOT 1A BLK A 424.75
VERTEX HOLDINGS LLC OP PARCEL A BLOCK D PLAT PARKING LOT 294.47
338
09/14/22 15:08:40 CITY OF BOZEMAN PAGE 9
BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
VMD PROPERTIES LLC TRACYS 2 22' W.S. LOT 9, LOT 10 BLOCK B 398.64
WADA, M RICHARD & JACOB'S CROSSING RESIDENT UNIT F ROUSE'S 1ST LOTS 6 184.96
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 101 LOT 13A, BLOCK A 288.80
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 201 LOT 13A BLK A 736.58
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 301 LOT 13A BLK A 808.16
WALLACE-BABCOCK PROPERTIE ROUSES 2ND LOT 13A BLOCK PLAT C-6-F WALLACE COMMERCIAL CONDO 30.30
WALLER, ANTHONY & ROBERT BAXTER CONDO UNIT 5E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 65.11
WALSH, BARNEY & TRACY SED HBP RESIDENTIAL CONDOMINI UNIT 514 TRACYS 2 LOT 1A BLK A 343.53
WAM DEV GROUP LLC ROUSES 1ST ALL LOT 9 TO L BLOCK B 1,157.57
WELLS FARGO BANK TRACYS LOTS 1-5 BLOCK C 2,173.10
WELLS FARGO BANK TRACYS LOTS 15-17, W1/2 L BLOCK C 261.10
WELLS FARGO BANK TRACYS LOTS 11-14 BLOCK C 405.42
WERNER, ROBERT J & PATRIC HBP RESIDENTIAL CONDOMINI UNIT 306 TRACYS 2 LOT 1A BLK A 199.36
WILLIAMS, DALE L & KATHER TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 181.89
WIMPYS PALACE LLC ROUSES 1ST ADD LOT 3A BLK ALL LOT 3 & PORT LOT 2 & 390.09
YELLOW HOUSE LLC ROUSES 1ST ADD LOT 15-16 482.41
YO MAMA ENTERPRISES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 199.88
Z & C LLC BRIDGERVIEW CONDO UNIT 3 46.56
Z & C LLC BRIDGERVIEW CONDO UNIT 4 38.19
Z & C LLC BRIDGERVIEW CONDO UNIT 5 19.53
Z & C LLC BRIDGERVIEW CONDO UNIT 6 15.41
Z & C LLC BRIDGERVIEW CONDO UNIT 7 18.04
Z & C LLC BRIDGERVIEW CONDO UNIT 8 16.34
Z & C LLC BRIDGERVIEW CONDO UNIT 9 26.21
Z & C LLC BRIDGERVIEW CONDO UNIT 10 21.67
Z & C LLC BRIDGERVIEW CONDO UNIT 11 21.67
ZELLIGE INVESTMENTS LLC MENDENAHLL MARKETPLACE CO UNIT R-3 ORIGINAL TOWNSITE LOT 13- 222.73
ZOEMAX LLC GUYS 1ST 60'EAST SIDE 1/2 LOT 3, EAST 114'OF 1/2 AC LOT 4 & WEST 26' OF 1/2 A 986.37
10 SPEED LLC MENDENHALL MARKETPLACE CO UNIT R-5 ORIGINAL TOWNSITE LOT 13- 252.31
101 ROUSE LLC OP SOUTH 50' LOTS 17-19 BLOCK I 490.07
104 E MAIN LLC OP LOTS 13-22 & 22' S OF 13-22 588.19
104 E MAIN LLC OP LOTS 1-3 & W 28 1/2' O LOT 4 BLOCK B 3,570.04
106 E BABCOCK LLC BLACKS ADDITION LOT 11A B 5,253.47
106 E BABCOCK LLC BLACKS ADDITION TO BOZEMA LOT 12A BLOCK B AMENDED PLAT C-14-H 319.23
115 APCH LL OP LOTS 12-13 E 5 1/2' LOT 14 BLOCK H 572.21
115 APCH LL OP W 22 1/2' LOT 14 & E 1 OF LOT 15 BLOCK H 143.99
137 E BABCOCK LLC OP LOTS 11-12 & 22 X 60' LOTS 11-12 BLOCK B 700.20
223 EAST MAIN COMMERCIAL OP LOT 7A BLK D- E 16.5' & W 10' LOT 7 PLAT C-1-Q 1,399.49
23 E MAIN STREET HOLDINGS OP W 26' 8" LOT 7 BLOCK F 904.35
234 E MAIN ST LLC OP E 2.5' LOT 8 AND ALL LOT 9 BLOCK C 773.22
27 N TRACY LLC TRACTYS 3.5' EAST SIDE LO 6.5 X 50' SOUTHWEST CORNE LOT 22 BLOCK A 90' NORTH 808.24
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #4 405.52
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #5 34.97
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #9 66.22
29 W MAIN LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 4 370.76
321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 596.66
321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 16.03
35 NORTH BOZEMAN LLC OP LOTS 12-14 BLOCK E OLD LIBRARY BUILDING 602.57
339
09/14/22 15:08:40 CITY OF BOZEMAN PAGE 10
BID SCHEDULE A
FY23
OWNER LEGAL AMOUNT
NAME DESCRIPTION ASSESSED
35 NORTH BOZEMAN LLC OP LOT 15A PLAT C-1-D BLO 170.32
36 E MAIN LLC OP 25'E S LOT 6, LOT 7 LE S 7 1/2' & LOT 8 BLOCK A 2,106.57
400 MARION INC OP E 1/2 LOT 10 ALL LOT 1 BLOCK A 1,611.22
400 MARION INC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT D 290.58
400 MARION INC OP E 1.33' LOT 7 ALL LOT W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT E 265.66
508 MONTANA LLC HBP RESIDENTIAL CONDOMINI UNIT 508 TRACYS 2 LOT 1A BLK A 142.34
520 EAST BABCOCK LLC ROUSES 2ND TRACT 1 LOT 1 BLOCK A BEING 80 X 86' 476.98
702 LLC 60%-KILKERNEY PRO OP LOT 9A BLOCK B PLAT C-1-G 2,433.68
9 E MAIN LLC OP E 19' LOT 3 & W 23' LOT 4 BLOCK F 1,282.36
FINAL TOTALS
TOTAL 219,999.92
COUNT 441
* * * E N D O F R E P O R T * * *
340
Memorandum
REPORT TO:City Commission
FROM:BMassey
LClark
MHodnett
SUBJECT:Resolution 5414 - Annual Lighting Assessments for Fiscal Year 2023
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5414 for Annual Lighting Assessments
for Fiscal Year 2023
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The city pays the associated power bills and scheduled system maintenance
for all lighting districts. Costs are recovered by assessing property owners in
each of the lighting districts for their proportionate share.
UNRESOLVED ISSUES:None
ALTERNATIVES:N/A
FISCAL EFFECTS:Per MCA 07-12-4332, a resolution is required to assess of operation and
maintenance costs of lighting districts. It shall be the duty of the city or town
council to estimate, as nearly as practicable, the cost of maintaining such
lights and furnishing electrical current therefore each year and the portion
thereof to be assessed against the property embraced within the district
and, before the first Monday in October, to pass and finally adopt a
resolution levying and assessing said property within said district with an
amount equal to the proportion of the cost of such maintenance and
electrical current so determined to be especially assessed against said
property.
Attachments:
Lighting District Resolution FY23.docx
Lighting Districts FY23 Schedula A.pdf
Report compiled on: September 13, 2022
341
Version April 2020
RESOLUTION 5414
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL
CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE
DISTRICTS OF THE CITY OF BOZEMAN.
WHEREAS, certain lighting maintenance districts have been created with the City of
Bozeman and;
WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing
electrical current annually within these lighting maintenance districts and;
WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution
levying and assessing maintenance costs.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Districts and Assessments. The lighting maintenance districts and assessments to defray
one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and
assessed against the property and several lots, pieces and parcels thereof within the lighting
maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto,
and by this reference, said schedules are made a part hereof.
342
Version April 2020
Section 2
Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land
with the name of the owner thereof, the total number of square feet of said property and the sum
assessed and levied against such property and owner, or either, is set forth in the Schedule of each
district as specified and identified in Schedule “B”.
Section 3
Period of Assessment. That said assessment is to defray costs for Fiscal Year 2023 (July 1,
2022 through June 30, 2023).
Section 4
Disposition of Collections. That the assessments as collected shall be placed in the
respective lighting maintenance funds and shall be used to defray the cost of maintenance and
lighting as provided by law.
Section 5
Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to
be held on the 27th day of September, 2022 at 6:00 p.m., at the Commission Room, City Hall, 121
N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to
the final approval of this Resolution will be heard and considered by said Commission.
Section 6
Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily
Chronicle on September 18, 2022 and September 25, 2022, a notice signed by said Clerk as such,
stating that this Resolution levying and assessing the several amounts set forth in the schedule
attached hereto and made a part of as aforesaid and for the purposes herein will be passed and
343
Version April 2020
approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk;
that said Notice shall be so published, and such publication shall be made not less than five (5)
days before the date set by the Commission for hearing of objections and the final approval this
Resolution.
Section 7
Certification. The City Clerk is hereby directed upon final passage and approval of this
resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana,
as provided by law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
344
Lighting Dist #Fund FY23 Assessment
284 146 7,400.00
288 147 800.00
290 148 700.00
295 149 15,100.00
361 150 1,800.00
362 151 3,400.00
388 152 5,600.00
400 153 1,600.00
420 154 1,400.00
423 155 1,300.00
453 156 5,200.00
459 157 18,800.00
460 158 3,500.00
461 159 2,400.00
462 160 2,400.00
479 161 4,700.00
480 162 22,600.00
484 163 900.00
490 164 800.00
491 165 500.00
508 166 10,200.00
556 167 700.00
572 168 500.00
618 169 300.00
637 170 13,500.00
670 181 4,300.00
671 182 14,800.00
672 200 17,300.00
673 201 4,100.00
679 203 10,900.00
680 216 17,900.00
681 202 7,400.00
682 204 11,000.00
685 205 7,700.00
686 206 16,800.00
687 207 25,100.00
688 208 38,500.00
689 209 16,400.00
690 210 38,800.00
691 211 20,100.00
692 212 13,400.00
693 213 300.00
694 214 2,500.00
Lighting District Assessment Summary
345
695 215 1,700.00
696 217 7,800.00
697 218 3,600.00
698 219 5,100.00
699 220 4,100.00
700 221 300.00
701 222 5,600.00
702 223 300.00
703 224 2,300.00
704 225 2,800.00
707 228 2,000.00
711 232 1,400.00
712 233 3,500.00
714 234 500.00
715 235 3,100.00
716 236 2,400.00
719 239 1,200.00
720 240 2,900.00
721 241 3,700.00
722 242 400.00
725 237 200.00
728 243 2,300.00
730 245 8,200.00
734 244 700.00
736 253 200.00
743 249 400.00
749 238 200.00
751 251 1,400.00
752 250 2,100.00
755 246 300.00
757 247 300.00
758 248 300.00
760 252 200.00
Grand Total Billed:464,900.00
346
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Appointment to the Board of Ethics
MEETING DATE:September 27, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the Board of Ethics with a term expiring
July 31, 2024.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Board of Ethics has one vacant position due to a term expiration as of
July 31, 2022. The City Clerks' Office published legal notice for this vacancy
on May 29, June 5, and June 12, 2022. The City Clerks' Office has received
one reapplication and two new applications.
Ordinance No. 1726, finally adopted in November 2007, established the
creation of a three member Board of Ethics. In May of 2009, Ordinance No.
1759 was finally adopted which revised 1726. According to Ordinance 1759:
A. There is created a Board of Ethics consisting of three (3) members who
shall serve without compensation unless the governing body provides
otherwise. Members of the Board of Ethics shall not be elected officials, full-
time appointed officials whether exempt or nonexempt, or City employees,
nor shall they be currently serving on any other City board or commission.
B. Members of the Board shall be residents of the City.
C. Board members shall be appointed by the governing body. An
appointment to fill a vacancy shall be made by the appointing authority who
appointed the member who formerly held the position which is vacant.
E. Board members shall serve staggered terms of two (2) years. A member
shall hold office until a member's successor is appointed.
This board currently has one vacant position. The City Clerk’s Office has
received two applications with their relevant qualifications indicated below.
347
1. One position with a term expiring July 31, 2024 | Qualifies: K. Taylor, D.
Pease
Applicants:
Kristin Taylor
Danielle Pease
Ryann Thomas
There is no Commission liaison for this board.
Board of Ethics appointments are Commission appointments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Danielle Pease.pdf
Ryann Thomas.pdf
Kristin Taylor.pdf
Report compiled on: September 16, 2022
348
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Wednesday, July 27, 2022 3:20:42 PM
Citizen Advisory Board Application
Submission #:1847007
IP Address:65.141.200.178
Submission Date:07/27/2022 3:20
Survey Time:19 minutes, 42 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Danielle Pease
Physical Address
3234 N. 27th Ave.
305
Bozeman, Montana 59718
Primary Phone
9516912211
Additional Phone
Current Occupation
Summer Associate/ Law Student
Employer
Crowley Fleck PLLC/ University of Montana Law School
Email
danielle.pease@umontana.edu
Which position are you applying for?
Board of Ethics
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
Have you ever served on a City or County Board or Commission?
349
Yes
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I am starting my third-year of law school this Fall. I have a B.A. in Political Science from UM, where I took courses in
philosophy, political science, and history (focusing on the DOJ MSO investigatigation, victims rights, and ethics). I
plan to work in regulatory compliance, including with a focus and integration of ethics. I am an intern at Crowley
Fleck in BZN this summer and hope to stay in BZN. I have a passion for non-polarized, sustainable, and ethically
focused policy recommendations.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I have dedicated significant portions of my student advocacy work to Title IX and protected class harm policy
recommendations to the office of Commissioner of Higher Education, Department of Education, and University of
Montana. In that capacity, I talk to individuals from protected classes about their experiences and focused policy
recommendations to ensure they can access to education and necessary resources. I am dedicated to continuing to
learn about others experiences and ways to help.
References
Read-Only Content
Reference #1 Full Name
Raymond Lewis
Phone
4065390718
Email
brad@dlmcontractinginc.com
Section Break
Reference #2 Full Name
Cierra Anderson
Phone
4043099818
Email
cierraleeannanderson@gmail.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
I have been tracking vacancies for just under a year.
Is there any other information that you feel we need to know?
I am more than willing to provide my resume and additional references if you would like.
Read-Only Content
Thank you,
City Of Bozeman
350
This is an automated message generated by Granicus. Please do not reply directly to this email.
351
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Wednesday, July 6, 2022 1:02:55 PM
Citizen Advisory Board Application
Submission #:1793662
IP Address:65.154.212.6
Submission Date:07/06/2022 1:02
Survey Time:53 minutes, 15 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Ryann Thomas
Physical Address
139 Cayuse Spur Trail
Bozeman, Montana 59715
Primary Phone
4064655714
Additional Phone
Current Occupation
Full-Time Student/Content Manager
Employer
Montana State University/Gringa En La Casa
Email
RyannCathThomas@gmail.com
Which position are you applying for?
Board of Ethics
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
6-10 years
Have you ever served on a City or County Board or Commission?
No
352
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I was co-head of the advisory board for a non-profit: One Bread Foundation, Inc. I am also a third generation Latinx
and a women who could offer a perspective to the board that comes from an age group that is detrimental to
change in the community as I am 22 years old. I also have professional connections with different influential and
diversify members in the community. I also am apart of the Hilleman Scholars at Montana State University.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
Engagement and education of diversity and inclusion is one of my strong suits, as I have educated myself through
Montana State University by taking different courses on inclusion, and participating in different local events such as
the women's march, and the BLM march to listen and empathize with different diversified perspectives.
References
Read-Only Content
Reference #1 Full Name
Heather Reyes
Phone
5103039709
Email
heather.reyes415@gmail.com
Section Break
Reference #2 Full Name
Carina Beck
Phone
4069947627
Email
cbeck@montana.edu
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
Via Bozeman.net/departments/advisory-boards
Is there any other information that you feel we need to know?
N/A. Thank you.
Read-Only Content
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
353
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Tuesday, August 2, 2022 7:39:53 PM
Citizen Advisory Board Application
Submission #:1862760
IP Address:69.144.240.93
Submission Date:08/02/2022 7:39
Survey Time:10 minutes, 23 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Kristin Taylor
Physical Address
704 S. Willson Ave
Bozeman, MT 59715
Primary Phone
4065395389
Additional Phone
Current Occupation
retired
Employer
n/a
Email
ktgatelax@gmail.com
Which position are you applying for?
Board of Ethics
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
Have you ever served on a City or County Board or Commission?
Yes
354
Where, how long, and what Board?
Completed the remainder of Carson Taylor's most recent term on the Board of Ethics
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I've lived in Bozeman for 24 years, so am very familiar with this city, and have a law degree, with the associated
ethical training.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I'm an avid reader and eager learner about issues related to DEI. I'm currently assisting a young man who is working
on issues of systemic racism and mass incarceration; I'm on the President's Council of LIRS, a non-profit focused on
immigration issues and I've been a volunteer and donor with/to organizations that support DEI efforts.
References
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Reference #1 Full Name
Carson Taylor
Phone
4065796423
Email
carsongtaylor@gmail.com
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Reference #2 Full Name
Cora Neumann
Phone
4062107969
Email
cora@coraneumann.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
served previous partial term.
Is there any other information that you feel we need to know?
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Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
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