HomeMy WebLinkAbout10-03-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of Minutes(Fuller)
E.Consent Items
F.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once. Please note, the Community
Development Board cannot take action on any item which does not appear on the agenda. All
persons addressing the Community Development Board shall speak in a civil and courteous
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, October 3, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
You can join this meeting:
Via Webex:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
United States Toll
+1-650-479-3208
Access code: 2556 272 8553
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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manner and members of the audience shall be respectful of others. Please state your name and
place of residence in an audible tone of voice for the record and limit your comments to three
minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
G.Action Items
G.1 The Cloverleaf zone map amendment requesting amendment of the City Zoning Map for a
city block bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum
Avenue consisting of approximately 3.1995 acres and the accompanying adjacent right-of
way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District
Mixed).(Rogers)
G.2 The Haggerty Lane zone map amendment requesting amendment of the City Zoning Map for
two existing lots consisting of approximately 0.55 acres and the accompanying adjacent
right-of way from B-2 (Community Business District) to B-2M (Community Business District-
Mixed).(Rogers)
H.FYI/Discussions
I.Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche
repository.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-
2301).
In order for the City Commission to receive all relevant public comment in time for this City Commission
meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting
as well.
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Memorandum
REPORT TO:Community Development Board
FROM:Jon Fuller CD Technician
Lacie Kloosterhof CD Office Manager
Anna Bentley CD Interim Director
SUBJECT:Approval of Minutes
MEETING DATE:October 3, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve minutes from 09/12 and 09/19.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:none
UNRESOLVED ISSUES:none
ALTERNATIVES:Approve with corrections.
FISCAL EFFECTS:none
Attachments:
09-12-22 CDB Meeting Minutes.pdf
09-19-22 CDB Meeting Minutes.pdf
Report compiled on: September 30, 2022
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Bozeman Community Development Board Meeting Minutes, 09-12-22
Page 1 of 3
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
Monday September 12, 2022
Present: Allison Bryan, Brady Ernst, Nicole Olmstead, Padden Guy Murphy, Stephen Egnatz
Absent: Gerald Pape, Henry Happel, John Backes, Jennifer Madgic
A) 00:03:44 Call to Order - 6:00 pm
B) 00:04:34 Disclosures
There were no voluntary disclosures at this meeting.
C) 00:04:48 Changes to the Agenda
D) 00:05:29 Approval of Minutes
D.1 00:05:35 Approval of Minutes
CD Board Meeting Minutes 07-18-22.pdf
CD Board Meeting Minutes 08-01-22.pdf
00:05:57 Motion Motion to approve the meeting minutes from 07-18, and 08-01.
Stephen Egnatz: Motion
Allison Bryan: 2nd
00:06:43 Vote on the Motion to approve Motion to approve the meeting minutes from 07-18, and 08-01..
The Motion carried 5 - 0
Approve:
Allison Bryan
Brady Ernst
Nicole Olmstead
Padden Guy Murphy
Stephen Egnatz
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Bozeman Community Development Board Meeting Minutes, 09-12-22
Page 2 of 3
Disapprove:
None
E) 00:06:45 Public Comments
There were no general public comments at this meeting.
F) 00:07:51 Action Items
F.1 00:08:00 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).
22077 South 8th ZMA CDB SR.pdf
00:08:24 City Planner, Tom Rogers, presented the South 8th ZMA application to
the board.
00:16:01 The board presented questions to City staff.
00:22:10 Scott Freimuth, the applicant presented to the board.
Renee Irish commented in disapproval of the ZMA.
Linae Westfall commented in disapproval of ZMA with concerns of the cars and traffic.
00:33:11 Scott Freimuth, the applicant presented to the board.
00:46:08 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.
Padden Guy Murphy: Motion
Brady Ernst: 2nd
00:55:59 Vote on the Motion to amend 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. . The Motion carried 4 -
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Approve:
Allison Bryan
Brady Ernst
Padden Guy Murphy
Stephen Egnatz
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Bozeman Community Development Board Meeting Minutes, 09-12-22
Page 3 of 3
Disapprove:
Nicole Olmstead
G) 00:56:16 FYI/Discussions
G.1 Upcoming Items Expected for September 19, 2022 Community Development Board
Meeting and Future Meetings.
CIP Calendar FY24 to FY28.pdf
G.2 00:56:25 UDC Update - Project overview and consultant introduction
01:05:11 Code Studio, a hired City consultant presented to the board.
H) 01:45:28 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche repository.
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Bozeman Community Development Board Meeting Minutes, 09-19-22
Page 1 of 3
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
MINUTES
September 19, 2022
A) 00:02:47 Call to Order - 6:00 pm
Present: Brady Ernst, Nicole Olmstead, Padden Guy Murphy, Stephen Egnatz, Jennifer Madgic
Absent: Gerald Pape, Allison Bryan, Henry Happel, John Backes
Excused: None
B) 00:03:16 Disclosures
There were no voluntary disclosures at this meeting.
C) 00:03:25 Changes to the Agenda
Board member Gerald Pape joined the meeting.
Present: Gerald Pape, Brady Ernst, Nicole Olmstead, Padden Guy Murphy, Stephen Egnatz, Jennifer
Madgic
Absent: Allison Bryan, Henry Happel, John Backes
Excused: None
D) 00:03:27 Approval of Minutes from August 15th only as the minutes from September
12th were not included in the memorandum.
D.1 Approval of Minutes
08-15-2022 CDB Minutes.pdf
09-12-22 CDB Minutes.pdf
00:04:50 Motion D) Approval of Minutes from August 15th only as the minutes from September 12th
were not included in the memorandum.
Stephen Egnatz: Motion
Jennifer Madgic: 2nd
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Bozeman Community Development Board Meeting Minutes, 09-19-22
Page 2 of 3
00:04:53 Vote on the Motion to approve D) Approval of Minutes from August 15th only as the minutes
from September 12th were not included in the memorandum.. The Motion carried 6 - 0
Approve:
Gerald Pape
Brady Ernst
Nicole Olmstead
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
E) 00:06:04 Consent Items
E.1 00:06:17 Recommendation regarding Trout Meadows Phase 3 Site Plan proposal
to develop 4 multi-household buildings, with 60 units total, Application 22109
22109 Trout Meadows Phase 3 ComDev Board SR.pdf
00:07:40 Motion E) to approve Consent Items, regarding Trout Meadows Phase 3 Site Plan application
22109.
Gerald Pape: Motion
Jennifer Madgic: 2nd
00:07:50 Vote on the Motion to approve E) Consent Items, regarding Trout Meadows Phase 3 Site Plan
application 22109. The Motion carried 6 - 0
Approve:
Gerald Pape
Brady Ernst
Nicole Olmstead
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
F) 00:10:55 Public Comments
There were no public comments.
G) 00:11:47 Action Items
G.1 Conditional Use Permits Repeal Text Amendment, Ordinance 2124, Application 22258
22258 CDB Staff Report - CUP Process Repeal.pdf
Ordinance 2124 Removal of CUP review process Hearing Draft.pdf
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Bozeman Community Development Board Meeting Minutes, 09-19-22
Page 3 of 3
00:12:06 Chris Saunders presented to the board on the conditional use permits repeal
text amendment, ordinance 2124, application 22258.
00:25:01 The board presented questions to Chris Saunders regarding the ordinance.
00:51:01 Motion G) Action Items Having reviewed and considered the staff report, draft ordinance,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 22258 and move to recommend the approval of Ordinance 2124.
Brady Ernst: Motion
Padden Guy Murphy: 2nd
00:55:21 Vote on the Motion to approve G) Action Items, Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in
the staff report for application 22258 and move to recommend the approval of Ordinance 2124.The
Motion carried 6 - 0
Approve:
Gerald Pape
Brady Ernst
Nicole Olmstead
Padden Guy Murphy
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
H) 00:55:43 FYI/Discussions
H.1 Upcoming Items Expected for October 3, 2022 Community Development Board Meeting
and Future Meetings.
CIP Calendar FY24 to FY28.pdf
H.2 00:59:00 Opportunity to "Stump the Planner" Question and Answer.
I) 01:34:06 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche repository.
9
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:The Cloverleaf zone map amendment requesting amendment of the City
Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue,
East Peach Street, and Plum Avenue consisting of approximately 3.1995
acres and the accompanying adjacent right-of way from NEHMU (Northeast
Historic Mixed Use) to B-2M (Community Business District Mixed).
MEETING DATE:October 3, 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 22218 and move to recommend
approval of the Cloverleaf 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 owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and
applicant Cloverleaf LLC, Box 161236, Big Sky, MT 59716 submitted an
application to rezone a city block totaling 3.1995 acres from NEHMU
(Northeast Historic Mixed Use) to B-2M (Community Business-Mixed). The
property currently hosts variety of existing buildings primarily supporting
Bronken’s Distributing. No future development plans or indication of future
development plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see
Section 2: Map Series. The intent of the northeast historic mixed-use district
is to provide recognition of an area that has developed with a blend of uses
not commonly seen under typical zoning requirements. The unique qualities
and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative
integration of land uses.
Both the NEHMU and B-2M districts are classified as commercial and mixed-
use districts. The intent and purposes of the commercial zoning districts are
to establish areas within the city that are primarily commercial in character
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and to set forth certain minimum standards for development within those
areas. The purpose in having more than one commercial district is to provide
opportunities for a variety of employment and community service
opportunities within the community, while providing predictability. There is
a rebuttable presumption that the uses set forth for each district will be
compatible with each other both within the individual districts and to
adjoining zoning districts when the standards of this chapter are met and
any applicable conditions of approval have been satisfied. Additional
requirements for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted
uses is considerable. Differentiating these districts creates a complex
tapestry of divergent scale and use. Never-the-less, the primary differences
relate to residential and commercial intensity. Please refer to Appendix C for
a complete of permitted uses. NEHMU follows the R-2 zoning designation for
permitted residential uses.
The property is within the Northeast Neighborhood Association boundary
and the Neighborhood Conservation Overlay District. The southern edge of
the property is bounded by East Peach Street. East Peach Street is a
designated Collector street according to the Bozeman Area Transportation
Plan, 2007 Update. All other streets are considered local streets.
During the development and adoption of the Bozeman Community Plan
2020 (BCP 2020) the underlying Future Land Use designation was modified
from Industrial to Community Commercial Mixed Use. This action paved the
way for subsequent zoning changes that differ from the prevailing historical
uses of the area and indicate a shift in character over time. Both NEHMU and
B-2M are implementing districts of the CCMU future land use designation.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, 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:
22218 Cloverleaf ZMA CDB SR.pdf
Report compiled on: September 29, 2022
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Page 1 of 41
22218, Staff Report for the Cloverleaf Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on October 3, 2022 at 6:00 pm.
City Commission public hearing will be held on November 1, 2022 at 6:00 pm.
Project Description: The Cloverleaf zone map amendment requesting amendment of the City
Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue, East
Peach Street, and Plum Avenue consisting of approximately 3.1995 acres and the
accompanying adjacent right-of way from NEHMU (Northeast Historic Mixed Use) to
B-2M (Community Business District Mixed).
Project Location: The property is block bounded by East Cottonwood Street, Ida Avenue,
East Peach Street, and Plum Avenue and more thoroughly described as Lot 1 – 8 and
11 – 28, Block 100, Northern Pacific Addition to the City of Bozeman, located in the
Southeast One-Quarter (SE ¼) of Section 6, Township Two South (T2S), Range Six
East (R6E), P.M.M., Gallatin County, Montana.
Recommendation: Meets 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 22218 and move
to recommend approval of the Cloverleaf 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 22218 and move to approve the Cloverleaf
Zone Map subject to contingencies required to complete the application processing.
Report Date: September 29, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 2 of 41
EXECUTIVE SUMMARY
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and applicant Cloverleaf
LLC, Box 161236, Big Sky, MT 59716 submitted an application to rezone a city block totaling
3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business-
Mixed). The property currently hosts variety of existing buildings primarily supporting
Bronken’s Distributing. No future development plans or indication of future development
plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see Section 2: Map Series.
The intent of the northeast historic mixed-use district is to provide recognition of an area that
has developed with a blend of uses not commonly seen under typical zoning requirements.
The unique qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land uses.
Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts.
The intent and purposes of the commercial zoning districts are to establish areas within the
city that are primarily commercial in character and to set forth certain minimum standards
for development within those areas. The purpose in having more than one commercial district
is to provide opportunities for a variety of employment and community service opportunities
within the community, while providing predictability. There is a rebuttable presumption that
the uses set forth for each district will be compatible with each other both within the
individual districts and to adjoining zoning districts when the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted uses is
considerable. Differentiating these districts creates a complex tapestry of divergent scale and
use. Never-the-less, the primary differences relate to residential and commercial intensity.
Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning
designation for permitted residential uses.
The property is within the Northeast Neighborhood Association boundary and the
Neighborhood Conservation Overlay District. The southern edge of the property is bounded
by East Peach Street. East Peach Street is a designated Collector street according to the
Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 3 of 41
During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the
underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time. Both
NEHMU and B-2M are implementing districts of the CCMU future land use designation.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262655
No public comment has been received by the production of this report.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on October 3, 2022 and will forward a recommendation to the City
Commission.
A video recording of the meeting will be provided after the completion of the meeting.
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 4 of 41
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 12
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 12
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 27
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 28
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 41
FISCAL EFFECTS ................................................................................................................. 41
ATTACHMENTS ................................................................................................................... 41
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Page 5 of 41
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map (2021 image)
Subject
properties
Peach Street
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 6 of 41
Figure 2: Future Land Use Designations (2021 image)
Urban
Neighborhood
Industrial
M-1
Community
Commercial
Mixed Use
Public
Institutions
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 7 of 41
Figure 3: Current Zoning Map (2021 image)
R-2
NEHMU
M-2
PLI
M-1
M-1
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 8 of 41
Figure 4: Applicant Proposed Zoning Map
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 9 of 41
Figure 5: Current Land Use (2021 image)
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Page 10 of 41
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 B-2M shall be identified as the “Cloverleaf Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Cloverleaf 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.
Advisory Comments
1. BMC 38.400.010. All streets must comply with the adopted growth policy and/or
transportation plan. Plum Avenue and Ida Avenue are local streets and require 60 feet of
right-of-way with boulevards and sidewalks. Diagonal parking will require additional
right-of-way. Upon future subdivision or site plan development the applicant must provide
the required right-of-way and comply with the local street standards.
2. BMC 38.400.010.A.13. The alignment of all streets must provide adequate site distances
based on design operating speeds. With future development the applicant is advised to
consider how moving vehicles, street parking and accesses will interact with the chicane
on Cottonwood Street.
3. BMC 38.410.040. Blocks must be designed to ensure a high level of multimodal
connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the
special needs of the use contemplated; and to take advantage of the limitations and
opportunities of the topography. With future development the applicant is advised to
consider pedestrian movement, solid waste access, snow removal and utility location with
the design.
4. DSSP V.B. The minimum diameter sewer main is 8 inches. Sewer lines shall be sized to
flow at no more than 75-percent of full capacity at peak hour conditions upon the full build-
out of the development. The effects of the proposed development sewer loading on
downstream sewer lines shall be analyze upon future development. The sewer main in
Cottonwood Street is 6 inches and will need to be upgraded upon future development.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 11 of 41
5. DSSP V.A. Upon future development, a water main will be required to be installed in Plum
Street between Cottonwood Street and Peach Street to satisfy the looping requirement.
6. DSSP V.D.5. Alley ways may be necessary with future development for internal water and
sewer lines. A thirty foot utility easement is required for one or two utility mains located
outside the public right-of-way. At no time will the utility line be less than nine feet from
the edge of the easement or less than ten feet from a parallel utility line.
7. BMC 38.410.060. Ten foot front setback utility easements must be provided with future
development. Side and rear setback utility easements may be required. The applicant is
advised to consult with Northwestern Energy early in the process to determine how to
adequately serve the proposed development.
8. BMC 38.410.080. Upon future development, stormwater storage facilities cannot be
located in the public right-of-way. Stormwater storage facilities serving multiple lots must
be located in a common stormwater lot and not on a private lot.
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. The DRC identified infrastructure deficiencies and challenges that may impede
future development allowed by the B-2M zoning but not approval of the application. Please
see the advisory comment sin in this report.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on October 3, 2022 and will forward its
recommendation to the City Commission on the zone map amendment. 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 November
1, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Annexation and Zone Map Amendment application. Members of the public will also be able
to participate remotely via WebEx. Instructions for joining the WebEx meeting will be
included on the meeting agenda which is published on the City’s website at least 48 hours prior
to the meeting.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 12 of 41
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 mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The 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.”
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The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table the B-2M district is an implementing district of the Community
Commercial Mixed-Use category.
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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 have not
been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “Yes, the zone amendment to B-2M zoning is in compliance with the growth policy.
The Future Land Use Map in the Bozeman Community Plan 2020 designates the
property Community Commercial Mixed Use. This designation is appropriate for B-2M
zoning designation, as shown on the Correlation with Zoning table within the Community
Plan.
The proposed map amendment from NEHMU to B-2M would allow for similar uses in
the current NEHMU, and also provide for apartment buildings, additional retail space,
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while reducing the uses related to manufacturing and outdoor storage. The form and
intensity standards of the B-2M reflect the intent to encourage a mixed business district.
The intent of the Community Commercial Mixed-Use category is to promote commercial areas
needed for economic health, including a scale appropriate to neighborhood development.
Commercial development within neighborhoods supports the nearby residential uses and gives
identify to neighborhoods, provides employment, and offers services.”
The applicant continues to suggest numerous goals and objectives that are broadly served with
this application. Staff is in general agreement with the list but note a goals and objectives are
only marginally promoted by the application. These include:
Goal N-1: Support well, planned, walkable Communities.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
The mixed-use nature of the B-2M district is supportive of walkable communities.
It provides an opportunity for a variety of housing types, as well as commercial uses.
The variety of housing options increases the opportunity for projects to develop housing
and commercial uses within a single project.
The B-2M district allows for a more intensive development than NEHMU with
greater permitted building heights. This will enable a gradual and predictable increase in
density within the area.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.1 Ensure the zoning map identifies locations for neighborhood and
community commercial nodes early in the development process.
N-2.2 Revise the zoning map to support higher intensity residential districts near
schools, services, and transportation.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development.
The B-2M district promotes the development of commercial nodes and supports
higher intensity residential uses.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
DCD-2.2 Support higher density development along main corridors and at high
visibility street corners to accommodate population growth and support businesses.
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DCD-2.5 Identify and zone appropriate locations for neighborhood-scale
commercial development.
The B-2M district supports higher density and mixed used developments at
the neighborhood scale. The property highlighted in this application is located adjacent to
Peach Street, which is designated a collector street and would be considered a main
corridor.
Goal M-1: Ensure multimodal accessibility.
M-1.1Prioritize mixed-use land use patterns. Encourage and enable the development
of housing, jobs, and services in close proximity to one another.
The B-2M districts is designed as a mixed-use district. Development that is consistent
with the B-2M intent and permitted uses encourage development to be built at densities
that support multimodal transportation and adjacency of housing, jobs, and services
Staff concurs with a number of these identified goals and objectives. However, some of the
listed goals and objectives are not supported. Only one street is a designated Collector (not
arterial), is not near a commercial node or an area served by transit. On the other hand, the
intent of the B-2M district is to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. While it may be seen a detriment
to the character of the NEHMU area it should serve as a catalyst for redevelopment of the
site.
This district provides for a range of commercial uses that serve both the immediate area and
the broader trade area and encourages the integration of multi-household residential as a
secondary use. Design standards emphasizing pedestrian oriented design are important
elements of this district.
See Appendix C for more information on permitted and special uses in the B-2M district.
No conflicts with the Growth Policy have been identified.
In conclusion, taken as a whole staff finds the proposed B-2M zoning is in conformance with
the Bozeman Community Plan, 2020.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. 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 NEHMU to B-2M is not likely to adversely impact safety from fire
and other dangers.
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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 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
The B-2M district allows residential
use as a permitted use up to 100
percent of a building. The proximity
to active rail lines, industrial uses of
storage, transportation, and
manufacturing of goods, and an
Environmental Protection Agency
Idaho Superfund site may create
unique challenges to ensure the health
and safety of future residence.
Bozeman Idaho Pole Site
information. The property boundary
is more than 525 feet linear feet from
the edge of the site. The physical
distance coupled with the
intermediary properties, ongoing
monitoring efforts, remediation
requirements, building restrictions,
and barriers will likely be sufficient to
ameliorate any possible health
concerns.
In addition to the Idaho Pole site
proximity an active rail line is
approximately 225 linear feet from
the train track. According to Montana
Rail Link (MRL) approximately 20 trains per day pass through this site with additional
capacity available on the tracks and about 32 percent of their shipment loads are for coal. There
is evidence that links coal dust with adverse health issues. Locating residential use in close
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proximity to a rail line with frequent coal trains may increase the possibility of exposure to
known health risks. However, distance coupled with two rights-of-ways, buildings, and other
activities will reduce any possible risks.
An additional argument can be made that this location, near multiple breweries, may reduce
impaired driving if future development includes a residential component.
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
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 if a residential component is
included.
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
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within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all of the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a guarantee
of immediate infrastructure availability or a commitment on the part of the city to bear
the cost of extending services.”
The aforementioned code section is important in this case. The site has development
restrictions due to inadequacy of existing transportation systems. Substantial street
improvements will be required with further development including right-of-way acquisition to
meet minimum City standards. In addition, there are existing constraints that will create unique
development challenges such. See advisory comments in Section 2 of this report.
Residential uses require parkland. It is undetermined where parkland and/or playgrounds
would be sited in this historically industrial area with limited appropriate open space and park
areas. Currently, the only open areas are in close proximity to the rail road and the superfund
site which may not be the most appropriate location for recreation. The Northern Pacific pocket
park and the Northeast Neighborhood Park are the closest parks to the site. There is access to
the City’s trail system although not all residents have suitable mobility to fully use these
amenities. Needs and utilization of parkland vary by user.
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 B-2M 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.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Staff agrees with the applicant’s statement that, “The City’s transportation plan
is used to evaluate transportation needs over the long term across the municipal area to account
for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails
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plans also examine and specify options for extensions of the existing trail network through this
site. Future site development will examine impacts on the transportation network, parks, and
trails system, and municipal facilities. Furthermore, these future development reviews will
ensure that development under the new zoning will comply with the City’s standards for the
provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite
circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure compliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.
Additionally, potential future development within a zoning district of B-2M will likely affect
the City’s motorized and non-motorized transportation system with increased traffic. The
existing industrial and warehouse uses create traffic, however, future development will likely
require a Traffic Impact Study to identify the extent of increased traffic volumes and specify
required infrastructure improvements to serve the development.
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 65 and a Transit score of 23. Average walk score for the city as
a whole is 47 out of 100. According to Walk Score® the walks 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.
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These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion met. The 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).
The City’s future land use map designates the properties as Community Commercial Mixed-
Use in the BCP 2020. These designations correlate with several zoning districts including the
B-2M district proposed by the applicants. The districts were developed by the City to promote
appropriate urban growth compatible with the areas of the City as identified on the future land
use map. Based on the land use map designations and correlated zoning districts in the plan
and proposed by the applicants, the zone map amendment would promote compatible urban
growth. Also see the discussion in (H) below.
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The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
In general the northeast area part of town is evolving. Historically many businesses and uses
were related and dependent on rail access. As rail access became less viable uses have shifted.
To illustrate the changing nature of the area examples include the approved Cottonwood and
Ida Planned Unit Development, the Mountains Walking zoning change from M-1 to B-2M, the
change in the future land use map from Industrial to Community Commercial Mixed in the
recently adopted BCP 2020, and the recent approval of the Block 104 ZMA changing zoning
from M-1 to B-2M.
It would be difficult to find the proposed zoning change is not compatible urban growth based
on the intent of the NEHMU district, evolving character of the area, and other approved
developments in the vicinity. The intent states, “… The unique qualities and nature of the
area are not found elsewhere in the city and should be preserved as a place offering
additional opportunities for creative integration of land uses. The intent of this area is to
allow private and case-by-case determination of the most appropriate use of land in a broad
range of both non-residential and residential uses. Although not within he NEHMU district
the recently approved Block 104 ZMA modifying zoning from M-1 to B-2M, and the
Wildlands mixed-use building being constructed over the existing Brown Building (Wild
Crumb & Finks Deli) which includes a parking structure, commercial space, residential uses
in a three story building.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
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The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial/warehouse
buildings, parking, and exterior storage. There are a wide variety of uses adjacent to the site
including warehousing, entertainment venues, residential, restraint, and commercial. A review
of the uses allowed in the proposed zones shows many similarities with existing and authorized
uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with
the character of the area.
Northeast historic mixed-use district—intent and purpose.
1. The intent of the northeast historic mixed-use district is to provide recognition of an area
that has developed with a blend of uses not commonly seen under typical zoning
requirements. The unique qualities and nature of the area are not found elsewhere in the
city and should be preserved as a place offering additional opportunities for creative
integration of land uses. The intent of this area is to allow private and case-by-case
determination of the most appropriate use of land in a broad range of both non-
residential and residential uses. Standards for buffering between different land uses are
deliberately not as high as standards elsewhere in the community as it is assumed that
persons choosing to locate in this area are aware of the variety of possible adjacent land
uses and have accepted such possibilities as both acceptable and desirable. It is expected
that the lots within this district will continue to develop under a variety of uses which
may increase or decrease in scope in any given portion of the district.
2. The clear intent of this district is to support a mix and variety of non-residential and
residential uses. Nothing in division 38.300 of this article shall be interpreted to be
discouraging or prejudicial to any listed use except as set forth as principal and
conditional uses.
Similar to criterion G above the area in question is evolving. Historically many businesses and
uses were related and dependent on rail access. As rail access became less viable uses have
shifted. To illustrate the changing nature of the area examples include the approved
Cottonwood and Ida Planned Unit Development, the Mountains Walking zoning change from
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 24 of 41
M-1 to B-2M, the change in the future land use map from Industrial to Community Commercial
Mixed in the recently adopted BCP 2020, the recently approved Block 104 ZMA modifying
zoning from M-1 to B-2M, and the Wildlands mixed-use building being constructed over the
existing Brown Building (Wild Crumb & Finks Deli) which includes a parking structure,
commercial space, residential uses in a three story building.
See the Applicant Submittal for additional discussion.
I. Peculiar suitability for particular uses.
Neutral. 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 a robust transportation system, streets serving the property, existing city services
established, and the variety of land uses in the immediate area, the proposed B-2M district
allows for similar configuration of uses as the surrounding area, even though the B-2M district
is a more intensive district than the existing NEHMU zoning generally allows.
As shown in Figure 4, the property is bounded by NEHMU zoning on the north and west, M-
1 to the east, and R-2 on the south. The site includes redevelopment and infill opportunities.
The proposed B-2M district can support many types of urban development that are likely to
serve the immediate area as a result of its location and proximity to residential areas to the
west. Final determination of suitability will occur during the site development process.
As noted under criterion C Promote public health, public safety, and general welfare, the B-
2M district allows residential use as a permitted use up to 100 percent of a building. The
proximity to active rail lines, industrial uses of storage, transportation, and manufacturing, and
an Environmental Protection Agency Idaho Superfund site may create unique challenges to
ensure the health and safety of future residence these can be mitigated as discussed above and
through the quiver of tools to at the City’s disposal to ensure all known impacts from internal
and external to a development are mitigated.
J. Conserving the value of buildings.
Criterion met. The site hosts a variety of commercial buildings and parking. B-2M zoning will
allow for new and diverse development patterns on the subject parcel that compliment
development on adjacent sites. Future development must comply with the Bozeman Unified
Development Code which will ensure an appropriate scale and intensity of uses. As a result,
the proposed zone map amendment is not anticipated to negatively impact nearby building
values as the development pattern will be appropriate to the surrounding character of the
district.
The values of some buildings will likely improve in the future as new and improved amenities
are provided to the area as the site is developed according to the proposed B-2M 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.
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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 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 mixed-use development have 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 Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use 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.”
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.’
The differences between the existing uses and the B-2M are not significant. The evolution
of uses in the Northeast Neighborhood have evolved to include a majority of the uses
permitted in the B-2M district. Both the existing NEHMU district and the proposed B-2M
are comparable in permitted use types, it is the intensity, mass/bulk that are more
differentiated between these districts, see Section 1 Map series above.
The B-2M is a permissive zoning district allowing a wide variety of uses including limited
manufacturing, commercial, residential, and other uses necessary for a functioning urban
setting. As a result, the proposed B-2M zoning designation would not result in primary
uses of the site which are significantly different from prevailing land uses in the area.
Finally, adjacent properties underwent a similar request and was found to be compliant
with adopted plans and met the review criteria for rezoning to B-2M.
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2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
No. In order to determine whether or not this condition is present both this question and
the following point must be evaluated together. Although there is only one property owner
multiple properties are involved it will be the greater community will benefit from the zone
change. The B-2M zoning designation is an implementing district to the commercial land
use designation and promotes a variety of land uses that are needed for the function and
vitality of the immediate neighborhood and the greater community. Although the current
use is limited to food and beverage warehousing and distribution many other uses are
permitted in the NEHMU district the proposed B-2M allows a greater variety of uses that
benefit a much broader segment of the community through retail, food service, limited
warehousing, and commercial activity. These uses promote multiple growth policy goals
and objectives, see Criterion A above.
The amendment is consistent with and supports the City’s adopted growth policy, thus is
assumed to be a benefit to the greater community even though the number of immediate
landowners are small.
3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
No. While the applicants will directly benefit from the proposed zone map amendment, the
amendment is not at the expense of surrounding landowners or the general public. As
discussed previously, no substantial negative impacts are identified due to this amendment
and taken as a whole, the immediate neighborhood will benefit as well as the greater
community by providing city services more efficiently. The proposed B-2M zoning
designation will allow for a variety of uses conducive to the Community Commercial
Mixed Use land use designation.
Further, as discussed in Criterion A, the application is consistent both the City’s and the
County’s growth policy. The growth policy is the overall land use policy for the
community. Consistency with the growth policy demonstrates benefit to the general public.
As discussed under Criterion D, the City’s development standards will require the applicant
to provide the needed infrastructure to support any proposed development prior to
construction. 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.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address 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
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
A zone map amendment requesting amendment of the City Zoning Map for a city block
consisting of approximately 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-
2M (Community Business-Mixed). The property currently hosts variety of existing buildings
primarily supporting Bronken’s Distributing. No future development plans or indication of
future development plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see Section 2: Map Series.
The intent of the northeast historic mixed-use district is to provide recognition of an area that
has developed with a blend of uses not commonly seen under typical zoning requirements.
The unique qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land uses.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 28 of 41
Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts.
The intent and purposes of the commercial zoning districts are to establish areas within the
city that are primarily commercial in character and to set forth certain minimum standards
for development within those areas. The purpose in having more than one commercial district
is to provide opportunities for a variety of employment and community service opportunities
within the community, while providing predictability. There is a rebuttable presumption that
the uses set forth for each district will be compatible with each other both within the
individual districts and to adjoining zoning districts when the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted uses is
considerable. Differentiating these districts creates a complex tapestry of divergent scale and
use. Never-the-less, the primary differences relate to residential and commercial intensity.
Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning
designation for permitted residential uses.
The property is within the Northeast Neighborhood Association boundary and the
Neighborhood Conservation Overlay District. The southern edge of the property is bounded
by East Peach Street. East Peach Street is a designated Collector street according to the
Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets.
During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the
underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time. Both
NEHMU and B-2M are implementing districts of the CCMU future land use designation.
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
September 18 and 25, 2022. The Community Development Board hearing is scheduled for
October 3, 2022 and the City Commission public hearing is scheduled for November 1, 2022.
No public comment has been received on this application at the time of writing this report.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 29 of 41
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this
designation. In the
“center-based” land use
pattern, Community
Commercial Mixed Use
areas are integrated with
significant transportation
corridors, including transit
and non-automotive
routes, to facilitate
efficient travel
opportunities. The density
of development is
expected to be higher than
currently seen in most
commercial areas in
Bozeman and should
include multi-story
buildings…High density
residential areas are
expected in close
proximity. Including
residential units on sites
within this category,
typically on upper floors,
will facilitate the provision
of services and
opportunities to persons
without requiring the use of an automobile… Mixed use areas should be developed in an
integrated, pedestrian friendly manner and should not be overly dominated by any single land
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 30 of 41
use. Higher intensity employment and residential uses are encouraged in the core of the area
or adjacent to significant streets and intersections. As needed, building height transitions
should be provided to be compatible with adjacent development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “… to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit”.
Table 38.310.040.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; — = 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
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
— — — — — — P — P P —
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 31 of 41
sales, service and/or
rental
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 32 of 41
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging 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
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 33 of 41
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-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 34 of 41
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
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 (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential 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
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 35 of 41
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.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 36 of 41
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
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. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale 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
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 37 of 41
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.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 38 of 41
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. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
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-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 39 of 41
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high 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 —
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 40 of 41
Amusement and recreational
facilities — P P — P — P — P C —
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* 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 C 5 C 5 C 5 —
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. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
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22218 Staff Report for the Cloverleaf Zone Map Amendment Page 41 of 41
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.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Bronken’s Distributing, Box 188, Bozeman, MT 59771
Applicant: Cloverleaf LLC, Box 161236, Big Sky, MT 59716
Representative: Sanderson Stewart, 106 E Babcock Street, Suite L1, 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=262655&cr=1
52
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Director of Community Development
SUBJECT:The Haggerty Lane zone map amendment requesting amendment of the City
Zoning Map for two existing lots consisting of approximately 0.55 acres and
the accompanying adjacent right-of way from B-2 (Community Business
District) to B-2M (Community Business District-Mixed).
MEETING DATE:October 3, 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 22189 and move to recommend
approval of the Haggerty Lane 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, Haggerty Property Investments, LLC, Box 850, Bozeman, MT
59718 submitted application to rezone a property totaling 0.55 acres,
including adjacent right-of-way, from B-2 to B-2M. The property is currently
vacant. No future development plans were submitted or required with the
application. Under the proposed use item in the application it states the
proposed use will be “mixed.”
Haggerty Lane is a designated Minor Arterial according to the Bozeman Area
Master Transportation Plan, 2007 Update. The intersection of Haggerty Lane
and East Main Street currently operates below a level “C” in function and
would require improvements to meet required operational standards prior
to development of this or other sites in the vicinity. East Main Street is a
Montana Department of Transportation (MDT) route and would require
coordination with this state agency to make any improvements. MDT has
provided comment on this application. The existing B-2 zoning was
established prior to the intersection reaching a state where functional
requirements are not met.
The primary differences between the B-2 and B-2M districts are slight
differences in building height, more permissive residential use, and
53
reduction of parking requirements. Building height in the B-2 district is
between 50-60 feet, depending on roof pitch. Building height in B-2M is five
(5) stories or 60 feet. Residential use is allowed on the ground floor in
without a Conditional Use Permit in the B-2M zone and may be permitted in
the B-2 district with an approved CUP.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:1. Approve the recommendation not to approve the application with
contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Approve the application based on findings of compliance with the
applicable criteria contained within the staff report; or
4. 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:
22189 Haggerty ZMA CDB SR.pdf
Report compiled on: September 29, 2022
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22189, Staff Report for the Haggerty Lane Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on October 3, 2022 at 6:00 pm.
City Commission public hearing will be held on October 25, 2022 at 6:00 pm.
Project Description: The Haggerty Lane zone map amendment requesting amendment of
the City Zoning Map for two existing lots consisting of approximately 0.55 acres
and the accompanying adjacent right-of way from B-2 (Community Business
District) to B-2M (Community Business District-Mixed).
Project Location: The property is addressed as 219 Haggerty Lane and more thoroughly
described as Lot 2A1 of the corrected plat of the amended subdivision plat of
Minor Subdivision 16-b, located in the Southwest One-Quarter (SW ¼) of Section
8, Township Two South (T2S), Range Six East (R6E) of P.M.M., Gallatin County,
Montana.
Recommendation: Does not meet standards for approval
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 22189 and
move to recommend approval of the Haggerty Lane Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented
in the staff report for application 22189 and move to approve the Haggerty Lane
Zone Map Amendment, with contingencies required to complete the application
processing.
Report Date: September 29, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner, Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718 submitted
application to rezone a property totaling 0.55 acres, including adjacent right-of-way, from B-
2 to B-2M. The property is currently vacant. No future development plans were submitted or
required with the application. Under the proposed use item in the application it states the
proposed use will be “mixed.”
Haggerty Lane is a designated Minor Arterial according to the Bozeman Area Master
Transportation Plan, 2007 Update. The intersection of Haggerty Lane and East Main Street
currently operates below a level “C” in function and would require improvements to meet
required operational standards prior to development of this or other sites in the vicinity. East
Main Street is a Montana Department of Transportation (MDT) route and would require
coordination with this state agency to make any improvements. MDT has provided comment
on this application. The existing B-2 zoning was established prior to the intersection reaching
a state where functional requirements are not met.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262088&cr=1
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on October 3, 2022. A summary of the meeting will be provided after
the conclusion of the meeting.
The video recording of the public hearing is available after the conclusion of the meeting.
Public comment has been received.
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https://weblink.bozeman.net/WebLink/DocView.aspx?id=265161&dbid=0&repo=BOZEMAN
Alternatives
1. Approve the recommendation not to approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Approve the application based on findings of compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 23
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 37
FISCAL EFFECTS ................................................................................................................. 37
ATTACHMENTS ................................................................................................................... 37
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SECTION 1 - MAP SERIES
Figure 1: Vicinity Map (2021 image)
Subject
property
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Figure 2: Current Zoning Map (2021 image)
B-2
PLI
R-1 Subject
property
M-1
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Figure 3: Future Land Use Designations (2021 image)
Public
Institution
Urban
Neighborhood
Parks and
Open Lands
Community
Commercial
Mixed Use
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Page 8 of 37
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. Should the application not be approved these contingencies are not
required.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of B-2M shall be identified as the “Haggerty Lane Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Haggerty Lane 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.
Advisory Comments:
1. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets
and intersections within one-half mile of the site must operate at a minimum Level of
Service (LOS) C unless specifically exempted by the review authority.
The applicant is advised that the intersection of Haggerty Lane and Main Street is located
within one-half mile of the subject property, which has been determined to operate below
a minimum LOS C (Existing LOS is F per the City of Bozeman Transportation Plan April
25, 2017.
The proposed zoning change would allow the applicant to increase the amount of
development density associated with the subject property. An increase in density would
directly intensify the number of vehicular and pedestrian trips from the subject property.
Moreover, the primary intersection that will be utilized by the subject property to access
the greater transportation network will be the intersection of Haggerty Lane and Main
Street.
The applicant is advised that the City will require a formal traffic impact study (TIS) with
future development submittals. The TIS will need to satisfy the requirements outlined
within the BMC, which will require the evaluation of the Haggerty Lane & Main Street
intersection. The TIS must analyze the associated impacts of future development in relation
to the Haggerty & Main intersection well as any mitigation measures necessary to improve
the LOS at the intersection. The review authority may approve the development only if the
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LOS requirements are met in the design year, which must be completed if mitigation
measures are required to maintain LOS. The intersection must have a minimum acceptable
LOS of C for the intersection as a whole.
The applicant is advised that the intersection of Haggerty Lane and Main Street is a state
highway, in which the Montana Department of Transportation retains the review authority
and approval to intersection improvements and access. Currently, the City has the
intersection of Haggerty Lane and Main Street unscheduled for improvement within the
City’s current Capital Improvement Program. This means that no City funds are expected
to be invested in the intersection for at least six years.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff does not
recommend approval as submitted. The Development Review Committee (DRC) considered
the amendment on July 13, 2022. The DRC identified 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 October 3, 2022 and will forward a
recommendation to the City Commission on the zone map amendment. 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 October 25,
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.
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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 mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The 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 annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
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“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
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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
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “… one of the central themes of the growth policy is high density residential growth
in appropriate areas to maximize efficiency of new development and quality of life for new
residents. The larger height allowance of the B-2M zoning will allow an additional floor and
13 more units to the proposed development. This increases density efficiently based on the
“infill” style of the development and amenity rich location. The proposed project fit well in
this location because:
The high-density blends well with an established commercial district while elevating
the quality and amount of housing supply.
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The location promotes walkability given the proximity to the Streamline bus stop at the
Town & Country Grocery (800 ft), Bozeman Deaconess Hospital (.8 miles), and major
employers’ downtown (.9 miles).
There are many nearby Amenities and employers within walking distance: Bridger
Orthopedic (.6 miles), Bridger Ear Nose & Throat (.7 miles), Bozeman Softball
Complex (400ft), and Sunset hills Nordic Trails (.3 miles).
10+ miles of walking trails can be accessed directly from the back of the property
extending to the Triple Tree trail south of town.
The proposed zoning change fits neatly within the use description of the Future Land Use Map
(FLUM). The FLUM lists this property as Community Commercial Mixed Use which includes
B-2M and is described in part as “High Density Housing and Mixed use”.
The project will significantly increases housing supply nearly doubling the current inventory
of one and two bedroom units (see April 2022 Big Sky MLS report).”
It should be noted that according to the Tables 38.310.040.A, B, and C there are no differences
in uses between the B-2 and the B-2M zoning districts. There are however, important
differences between the two districts. The primary differences between these two districts is
that B-2M requires less parking for most uses, the ease in which residential uses may be
established on the ground floor, and minor increase in building mass through setbacks and
building height.
The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-2M
as desired outcomes to adapt to the needs of the community. This mix of development at
densities appropriate for a growing urban area is therefore grounded on tenets of the
Community Plan. Moreover, the B-2M zoning proposed through this application fosters
flexibility to address both current market trends and long term land use goals for the subject
property. The Community Plan includes several goals and objectives that are broadly served
through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
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DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
B. Secure safety from fire and other dangers.
Criterion not met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building, transportation, and land use requirements, which will
generally ensures this criterion is met. However, in this case, the known infrastructure
deficiencies (see discussion below) render finding that granting increased potential
development on this site, and any adjoining properties, is secure from other dangers contrary
to a reasonable doubt. Although the change from B-2 to B-2M is small the current
infrastructure deficiencies (see discussion below) will be exacerbated with further
development.
C. Promote public health, public safety, and general welfare.
Criterion not 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 Plan but
not necessarily the well-being of the community as a whole.
The subject property is not well connected to the City’s transportation system and is served by
via an intersection known not meet minimum service standards. There are no sidewalks
adjacent to the property and while those will be required to be constructed with the future
development there are no sidewalks connecting to nearby services and residential
development. It is unlikely development on this site would trigger construction of a full street
section (Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan
due to a reasonable proportionality and nexus.
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The intersection of Haggerty Lane and East Main Street is listed on the Bozeman Capital
Improvement Plan (CIP), see SIF144, the improvement is not scheduled and is without
funding. In addition, street improvements for Haggerty Lane are listed in the CIP at this time.
See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion not 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
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
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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.”
Water and sewer is available to the site. A 10” sewer line under the property within an
easement. The sewer line is part of the Elks Club Property Sanitary Sewer Improvement
district. In addition, the Front Street 18” Interceptor is located on the north side of Haggerty
Lane. Finally, an 8” water supply adjacent to the property on the south
The subject property is not well connected to the City’s transportation system and is served by
via an intersection known to not meet minimum service standards. There are no sidewalks
adjacent to the property and while those will be required to be constructed with the future
development there are no sidewalks connecting to nearby services and residential
development. It is unlikely development on this site would trigger construction of a full street
section (Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan.
Such a large project may be beyond the capacity of such a small site for development.
Coordination with other properties required to address the scale of the necessary project and
meet standards for development exactions would be quite difficult. A recent upgrade to the
intersection of Highland Blvd and Main Street cost almost two million dollars.
An advisory comment is included to place future development on notice of known deficiencies
in the transportation network serving this property. BMC 38.400.060 Street Improvement
Standards (B) (4) - All arterial and collector streets and intersections within one-half mile of
the site must operate at a minimum Level of Service (LOS) C unless specifically exempted by
the review authority. Therefore, the applicant is advised that the intersection of Haggerty Lane
and Main Street is located within one-half mile of the subject property, which has been
determined to operate below a minimum LOS C (Existing LOS is F per the City of Bozeman
Transportation Plan April 25, 2017.
This analysis would likely come to a different conclusion upon infrastructure improvements
and a broader geographic area proposing up zoning.
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 B-2M 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
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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.
F. The effect on motorized and non-motorized transportation systems.
Criterion not met. The street section is not fully constructed and there are known deficiencies
in the transportation system. The proposed zone changes in itself does not create impacts on
city systems increasing potential impacts though a zoning change exacerbates potential
impacts. As noted in other evaluation criteria development of this site may not trigger sufficient
nexus or reasonable proportionality to require construction of a compete street to serve the
property. Therefore, development of the property is restricted.
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 increase offsite
impacts.
The site has a Walk Score of 36, a Transit score of 20, and Bike Score of 57. Average walk
score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the
walks 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.
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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.
The subject property is not well connected to the City’s transportation system and is served via
an intersection known to not to meet minimum service standards. There are no sidewalks
adjacent to the property and while those will be required to be constructed with the future
development there are no sidewalks connecting to nearby services and residential
development. It is unlikely development on this site would trigger construction of a full street
section (Minor Arterial) of Haggerty Lane as required by the Bozeman Transportation Plan.
See also discussion under Criterion F.
An advisory comment is included to place future development on notice of known deficiencies
in the transportation network serving this property. BMC 38.400.060 Street Improvement
Standards (B) (4) - All arterial and collector streets and intersections within one-half mile of
the site must operate at a minimum Level of Service (LOS) C unless specifically exempted by
the review authority. Therefore, the applicant is advised that the intersection of Haggerty Lane
and Main Street is located within one-half mile of the subject property, which has been
determined to operate below a minimum LOS C (Existing LOS is F per the City of Bozeman
Transportation Plan April 25, 2017.
G. Promotion of compatible urban growth.
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Criterion 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).
The City’s future land use map designates the properties as Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The districts were developed by the City to promote appropriate
urban growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. 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
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city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial building, parking
area, other commercial businesses, and undeveloped area. There are a wide variety of uses
adjacent to the site including residential and commercial. A review of the uses allowed in the
proposed zones shows many similarities with existing and authorized uses in the surrounding
area. Therefore, the change in zoning does not appear to conflict with the character of the area.
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 a robust transportation system, large park area directly adjacent, major
streets serving the property, existing city services established, and the variety of land uses in
the immediate area, the proposed B-2M district allows for more similar configuration of uses
as the surrounding area, even though the B-2M district is a more intensive district than the
existing B-2 zoning generally allows.
As shown in Figure 2, the property is bounded by B-2 zoning on the east and west and PLI to
the north and south. The Softball Complex is directly to the south and Haggerty Lane and right-
of-way for I-90 to the north.
The proposed B-2M district can support many types of urban development that are likely to
serve the immediate area and region as a result of its location and proximity to major
transportation networks. Final determination of suitability will occur during the site
development process.
J. Conserving the value of buildings.
Criterion met. The site is vacant. B-2M zoning will allow for new and diverse development
patterns on the subject parcel that compliment development on adjacent sites as does the
existing B-2 designation. Future development must comply with the Bozeman Unified
Development Code which will ensure an appropriate scale and intensity of uses. As a result,
the proposed zone map amendment is not anticipated to negatively impact nearby building
values as the development pattern will be appropriate to the surrounding character of the
district.
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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 B-2M 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 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 mixed-use development have 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 Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use 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.”
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.’
The differences between B-2 and B-2M are small and not significant. Allowed uses are
identical although their integration into a single building does vary. As noted above,
parking requirements are considerably less in the B-2M district that the B-2 district. As a
result, the proposed B-2M zoning designation would not result in primary uses of the site
which are significantly different from prevailing land uses in the area. Finally, adjacent
properties underwent a similar request and was found to be compliant with adopted plans
and met the review criteria for rezoning to B-2M.
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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. There is only one property involved with
the application. As noted above there are no differences in uses between the B-2 and the
B-2M zoning districts. On the other hand, B-2M allows additional height, more permissive
parking standard, and more flexibility in the configuration of uses a within the
development. These characteristics are only benefitting the property owner in this instance.
On the other hand if multiple property owners and a larger geographic area were proposing
such a zoning change it may indicate a larger cross section of the community that may
benefit from the change.
In addition, most of the adjacent properties are partially developed and would benefit from
transportation improvements, those that would benefit most are those undeveloped
properties served by the intersection of Haggerty Lane and Eats Main Street. If multiple
properties were involved in up-zoning the resulting development may have a larger impact
on economic activity and housing (likely) and contribute to the construction of multi-modal
infrastructure in the area.
It remains that the B-2M zoning designation is an implementing district to the commercial
land use designation and promotes a variety of land uses that are needed for the function
and vitality of the immediate neighborhood and the greater community.
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?
Yes. The aforementioned analysis identifies negative impacts to the surrounding
landowners or the general public due to this amendment. The number of landowners who
will directly benefit from the proposed zone map amendment is small (one), the proposed
amendment will exacerbate existing infrastructure deficiencies at the expense of
surrounding landowners and the general public. As discussed above in the various review
criteria, a number of negative impacts have been identified due to this amendment.
However, the proposed B-2M zoning designation will allow for a variety of uses conducive
to the Community Commercial Mixed Use land use designation.
Further, as discussed in Criterion A, the application is consistent both the City’s and the
County’s growth policy. The growth policy is the overall land use policy for the
community. Consistency with the growth policy demonstrates benefit to the general public.
As discussed under Criterion D, the City’s development standards will require the applicant
to provide the needed infrastructure to support any proposed development prior to
construction. While concurrency and adequacy of infrastructure remove most potential
injury to others, proportionality of impacts makes supersedes the ability of this property
owner to fully mitigate impacts. Finally, Montana Department of Transportation has
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authority of the design, construction, and timing of any improvements to this intersection
rendering the ability address this issue has not indicate improvements will be considered
at this time.
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
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
A zone map amendment requesting amendment of the City Zoning Map for an existing lot
consisting of approximately 0.55 acres from B-2 (Community Business District) to B-2M
(Community Business District-Mixed).
The owner, Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718 submitted
application to rezone a property totaling 0.55 acres, including adjacent right-of-way, from B-
2 to B-2M. The property is currently vacant. No future development plans were submitted or
required with the application. Under the proposed use item in the application it states the
proposed use will be “mixed.”
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Haggerty Lane is a designated Minor Arterial according to the Bozeman Area Master
Transportation Plan, 2007 Update. The intersection of Haggerty Lane and East Main Street
currently operates below a level “C” in function and would require improvements prior to
development of this or other sites in the vicinity. East Main Street is a Montana Department of
Transportation (MDT) route and would require coordination with this state agency to make
any improvements. MDT has provided comment on this application.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
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
September 18 and October 2, 2022. The Community Development Board acting in their
capacity as the Zoning Commission hearing is scheduled for October 3, 2022 and the City
Commission public hearing is scheduled for October 25, 2022.
Public comment has been received.
https://weblink.bozeman.net/WebLink/DocView.aspx?id=265161&dbid=0&repo=BOZEMAN
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
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and should include multi-
story buildings…High
density residential areas are
expected in close
proximity. Including
residential units on sites
within this category,
typically on upper floors,
will facilitate the provision
of services and
opportunities to persons
without requiring the use of
an automobile… Mixed use
areas should be developed
in an integrated, pedestrian
friendly manner and should
not be overly dominated by
any single land use. Higher
intensity employment and
residential uses are
encouraged in the core of
the area or adjacent to
significant streets and
intersections. As needed,
building height transitions
should be provided to be
compatible with adjacent
development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
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oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit”.
Table 38.310.040.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; — = 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
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
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Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
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 (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
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9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging 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-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
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Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
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Hotel or motel* — P P P P P
40,000sf P — P P —
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 (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential 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.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
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Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
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Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
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. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale 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.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
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Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
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. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
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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-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
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Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
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
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* 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
(38.360.140)* 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 C 5 C 5 C 5 —
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. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
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.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Haggerty Property Investments, LLC, Box 850, Bozeman, MT 59718
Applicant: Cadius Partners Limited, 23 Apex Drive, Bozeman, MT 59718
Representative: Cadius Partners Limited, 23 Apex Drive, Bozeman, MT 59718
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=262088&cr=1
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