HomeMy WebLinkAbout10-18-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Public Service Announcements
D.1 Citizen Advisory Boards information has moved on our website. It will now be found under
"Our City" instead of "Departments" on the main menu; it can also be located in the side
navigation on the City Commission's page(Maas)
E.FYI
F.Commission Disclosures
G.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 18, 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: 2553 335 5654
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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G.1 Accounts Payable Claims Review and Approval (Armstrong)
G.2 Authorize the City Manager to Sign a Public Access Easement, Sewer and Water Pipeline and
Access Easement and Agreement with Six Range Condominiums, LLC, for the Six Range
Condominiums Site Plan (21235)(Paz-Solis)
G.3 Authorize the City Manager to Sign a Mutual Access Easement and Agreement and a Utility
Easement with Nikles Business Park, LLC and Evergreen Business Park, Inc for the Nikles
Business Park Site Plan & Master Site Plan (21453 & 21454)(Schultz)
G.4 Authorize the City Manager to Sign a Public Street and Utility Easement with Virga Venture I
LLC for the 15th Avenue Construction “PT Land Subdivision Street, Stormwater and
Sewer Improvements"(Johnson)
G.5 Authorize the City Manager to Sign a Public Stormwater Utility Easement and Agreement
with Aajker Creek Properties, LLC, for the Norton East Ranch Phase 5a Final Plat
(22063)(Flammond)
G.6 Authorize the City Manager to Sign a Non-exclusive Sign Easement with Lowes Home
Centers, LLC to Facilitate Installation of Parking Signage Adjacent to Sacco Drive(Gamradt)
G.7 Authorize the City Manager to Sign an Amendment to the Existing Professional Services
Agreement with AVI Systems, Inc. to Add Remote Participation Components to the City
Commission Room System(McMahan)
G.8 Authorize City Manager to Sign an Amendment 1 with Morrison Maierle for the West
Babcock Street (11th to 19th) Reconstruction Project(Murray)
G.9 Resolution 5445 to Annex Approximately 2.29 Acres Near Baxter Lane and Harper Puckett
Road, Correcting and Replacing Resolution 5386 Approved on September 13, 2022,
Application 18240(Garber)
G.10 Resolution 5446 A Resolution of Intent to Amend the Future Land Use Map of the Bozeman
Community Plan 2020, Application 22282(Saunders)
G.11 Ordinance 2123 Final Adoption, Gran Cielo - Cielo Way and S. 27th Ave. Zone Map
Amendment to Rezone Approximately 4.3 Acres from R-3 (Residential Medium Density
District) to R-4 (Residential High Density District) Including Adjacent Street Right of Way
Northwest of the Intersection of Cielo Way and S. 27th Avenue, Application
22117(Saunders)
G.12 Ordinance 2124, Final Adoption of Conditional Use Permits Repeal Text Amendment,
Application 22258(Saunders)
G.13 Authorize the City Manager to sign a Public Street and Utility Easement with Montana State
University, for the Bozeman Gateway Phase 5 Final Plat (20094)(Schultz)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
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relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
I.Work Session
I.1 Solid Waste Rate Study and Compost Feasibility Study Work Session (Handelin)
I.2 UDC Project - Review and Advise Regarding the Update to the Unified Development Code,
Chapter 38, Bozeman Municipal Code to Address Potential Changes to Zoning Districts and
Building Transitions, Application 21381(Bentley)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Citizen Advisory Boards information has moved on our website. It will now
be found under "Our City" instead of "Departments" on the main menu; it
can also be located in the side navigation on the City Commission's page
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Citizen Advisory Boards information has moved on our website. It will now
be found under "Our City" instead of "Departments" on the main menu; it
can also be located in the side navigation on the City Commission's page.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Citizen Advisory Boards information has moved on our website. It will now
be found under "Our City" instead of "Departments" on the main menu; it
can also be located in the side navigation on the City Commission's page.
See attached images for new locations.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Advisory Boards link under Our City.png
Advisory Boards on City Commission Side nav.png
Report compiled on: October 13, 2022
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: October 13, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Public Access Easement, Sewer and
Water Pipeline and Access Easement and Agreement with Six Range
Condominiums, LLC, for the Six Range Condominiums Site Plan (21235)
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Access Easement, Sewer and
Water Pipeline and Access Easement and Agreement with Six Range
Condominiums, LLC, for the Six Range Condominiums Site Plan (21235).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Access Easement
Sewer and Water Pipeline and Access Easement and
Agreement
Report compiled on: October 6, 2022
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Mutual Access Easement and
Agreement and a Utility Easement with Nikles Business Park, LLC and
Evergreen Business Park, Inc for the Nikles Business Park Site Plan & Master
Site Plan (21453 & 21454)
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Mutual Access Easement and
Agreement and a Utility Easement with Nikles Business Park, LLC and
Evergreen Business Park, Inc for the Nikles Business Park Site Plan & Master
Site Plan (21453 & 21454).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Mutual Access Easement and Agreement
Utility Easement
Report compiled on: October 6, 2022
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT: Authorize the City Manager to Sign a Public Street and Utility Easement with
Virga Venture I LLC for the 15th Avenue Construction “PT Land Subdivision
Street, Stormwater and Sewer Improvements"
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION: Authorize the City Manager to sign a Public Street and Utility Easement with
Virga Venture I LLC for the 15th Avenue Construction “PT Land Subdivision
Street, Stormwater and Sewer Improvements."
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Street and Utility Easement
Report compiled on: October 5, 2022
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Public Stormwater Utility Easement and
Agreement with Aajker Creek Properties, LLC, for the Norton East Ranch
Phase 5a Final Plat (22063)
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Stormwater Utility Easement and
Agreement with Aajker Creek Properties, LLC, for the Norton East Ranch
Phase 5a Final Plat (22063).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Stormwater Utility Easement and Agreement
Report compiled on: October 6, 2022
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Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer
Nicholas Ross, Transportation and Engineering Director
SUBJECT:Authorize the City Manager to Sign a Non-exclusive Sign Easement with
Lowes Home Centers, LLC to Facilitate Installation of Parking Signage
Adjacent to Sacco Drive
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a non-exclusive sign easement with
Lowes Home Centers, LLC to facilitate installation of parking signage
adjacent to Sacco Drive
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Recent development adjacent to Sacco Drive between Baxter Lane and
Tschache Lane as well as an increase traffic and on-street parking on Sacco
Drive have created safety concerns on this street. The City of Bozeman
wishes to sign the west side of Sacco Drive to prohibit on street parking. The
location where the signs will be placed, behind the curb on Sacco Drive, is
owned by Lowes Home Centers, LLC. The attached easement will allow the
City to place the required signs on Lowes Property.
UNRESOLVED ISSUES:None
ALTERNATIVES:Dissapprovv
FISCAL EFFECTS:The cost of the easement is $1.00. The proposed signs will be installed by
the City Streets Department.
Attachments:
Signed lowes easement.pdf
Report compiled on: October 5, 2022
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Memorandum
REPORT TO:City Commission
FROM:Scott McMahan, Director of Information Technology
SUBJECT:Authorize the City Manager to Sign an Amendment to the Existing
Professional Services Agreement with AVI Systems, Inc. to Add Remote
Participation Components to the City Commission Room System
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an amendment to our existing
professional services agreement with AVI Systems, Inc. that will add remote
participation components to the City Commission Room system.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The City wants to allow commissioners and various board members to
participate in official meetings remotely. In order to facilitate this in the way
prescribed by the City Attorney additional hardware components need to be
added to the existing City Commission Room System.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Do not move forward with remote participation of Commission and board
members.
FISCAL EFFECTS:There will be a one time up front cost of $36,825.97 to purchase, install and
configure the new components.
Attachments:
PSA Amendment for AVI Systems Final.docx
Report compiled on: October 4, 2022
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Master Services
Agreement City Commission Room AV Equipment and Services dated May 27rh, 2019 (the “Agreement”) is
made and entered into this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN,
MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the
State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman,
MT 59771, hereinafter referred to as “City,” and AVI Systems, Inc., hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being
hereby acknowledged, the parties hereto agree to amend the Agreement as follows:
1.Purpose: In addition to the work required in the May 27, 2019 Master Services Agreement, the City and
Contractor agree the Contractor will perform for the City the services described in Exhibit A.
2.Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its entirety with the
following:
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the
basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender
identity, physical or mental disability, except when the reasonable demands of the position require an age,
physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply
with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements
of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must
report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within
60 days of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above
written.
CITY OF BOZEMAN, MONTANA AVI Systems, Inc.
By________________________________By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Retail Sales Agreement
AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax:
(605)782-4142
Proposal Number: 1125462 Proposal Date: September 09, 2022
Prepared For: City of Bozeman City of Bozeman - Commission Room Video Call
Integration to AV SystemAttn: Scott McMahan
Prepared By: Mark Hunt
Phone: (406)969-3336
Email: mark.hunt@avisystems.com
BILL TO SITE
Attn: Scott McMahan Attn: Scott McMahan
City of Bozeman City of Bozeman
PO Box 1230 121 North Rouse Ave
Bozeman, MT, 59771 Bozeman, MT, 59771
Phone: (406)582-2321 Phone: (406)582-2321
Email: smcmahan@bozeman.net Email:
smcmahan@bozeman.net Customer Number: COB0019
COMMENTS
PRODUCTS AND SERVICES SUMMARY
Equipment $20,625.86
Integration $15,023.11
PRO Support $0.00
Shipping & Handling $1,177.00
Tax $0.00
Grand Total $36,825.97
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Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full
within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the
balance on the invoice is paid in full.
All returned equipment is subject to a restocking charge. The prices are valid for 15 days and may be locked in by signing this Retail Sales
Agreement.
Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event
AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI’s costs of collection, including its attorneys’ fees.
IN INVOICING AND PAYMENT TERMS
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Customer and AVI have agreed on the payment method of CHECK. Payment must be remitted by stated method. To the extent Customer seeks to
use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be
approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment
method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer’s payment is made within the
terms work will continue.
AVI will invoice per the estimated payment schedule noted below, subject to modification due to executed change orders. Unless otherwise
specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, etc.) are invoiced in summary.
Estimated Invoice 1 $14,730.39 40% Total Project Estimate Deposit, Due on Signature - No Tax Collected
Estimated Invoice 2 $14,730.39 40% Total Project Estimate, (including any change orders) Invoiced when Equipment has been
sourced/procured (plus tax on Payment 1 and 2)
Estimated Invoice 3 $7,365.19 Remaining 20% Total - Invoiced upon AVI Notice of substantial completion of original job as bid
Customer is to make payments to the following “Remit to” address:
AVI Systems
NW8393 PO Box 1450
Minneapolis, MN 55485-8393
If Payment Method is ACH: Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an
automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to
Customer.
A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on
agreed billing method.
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TAXES AND DELIVERY
Unless stated otherwise in the "Products and Services Summary" above, AVI will add and include all applicable taxes, permit fees, license fees, and
delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are
provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all
applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing
authority.
AGREED AND ACCEPTED BY
AVI Systems, Inc.
Company Company
Signature Signature
Printed Name Printed Name
Date Date
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SERVICES TO BE PROVIDED
INTEGRATION SERVICES
INTEGRATION SCOPE OF
WORK
A.SUMMARY:
B.The general outline is asfollows:
C.Two web calls set up, one for the active participants (executive conference call) and one for the public(public call).
D.
E.Set camera for the dais, set camera for the podium, and a presentation feed to hit a video compositor (Epiphan Pearl Mini
for example). This would provide the “camera” feed for the PC hosting the executive conferencecall.
F.This would allow local camera as well as presentation to be sent out to far-end participants. With a video composite device,
this could operate as a switch, picture in picture, side by side, etc and could have a small degree of automation based on
what is selected on the Crestron system (ie, a PIP of the podium presenter onor next presentation image could be sent when
that input isselected).
G.
H. The output of the hosting PC for the executive conference call could be fed into the system where it can go to a new TV
monitor for the dais, a new TV monitor for the gallery, PEG, and optionally to the projector. This could be setup as an
additional council mode for remote participation. In the other modes, the TVs could be left off or repurposed to display what
is on the projector.
I.
J. An audio IO (USB Bridge) could be added to the hosting PC to set it up as a conferencing point to optimize audio in and out
of the room to the call.
K.
L. A second PC could then be utilized for a public call. This PC would get the PEG feed as its source, showing the same content
that PEG distributes elsewhere and connect via SIP to the conference system for audio. This would allow for its audio to be
bidirectional or unidirectional depending on the meeting format.
B.SYSTEM DESCRIPTION:
Displays:
o 65” LG displays with RS232 communication forcontrol
Source Devices:
o OFE
Audio:
o {List the Audio functionality (i.e. program vs. distributed or both in higher levelrooms)}
o {The Audio section should focus on speakers and microphone placement andfunction.}
Conferencing:
o OFE
o QSC PTZ Cameras
o Epiphan Pearl
Switching:
o OFE current
Controls:
o OFE Crestron
Equipment Location:
o Broadcast Room
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C.EXCLUSIONS: The following work is not included in our Scope ofWork:
All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles,etc.
Concrete saw cutting and/or core drilling
Fire wall, ceiling, roof and floorpenetration
Necessary gypsum board replacement and/orrepair
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Necessary ceiling tile or T-bar modifications, replacements and/orrepair
Structural support of equipment *AVI Systems not responsible for building relatedvibrations
Installation of ceiling mounted projectionscreen
All millwork (moldings, trim, cut outs,etc.)
Patching and Painting
Permits (unless specifically provided for and identified within thecontract)
Unless otherwise stated the pricing in this agreement does not include prevailing wage or unionlabor
Unless specifically noted lifts and scaffolding are notincluded
D.CONSTRUCTION CONSIDERATIONS:
In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to
make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not
included in this proposal.
E.NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWINGASSUMPTIONS:
The room(s) match(es) the drawings provided.
Site preparation by the Customer and their contractors includes electrical and data placement per AVISystems
specification.
Site preparation will be verified by AVI Systems project manager or representative before scheduling of the installation.
All work areas should be clean and dust free prior to the beginning of on-site integration ofelectronic equipment.
Customer communication of readiness will be considered accurate and executable by AVI Systemsproject manager.
In the event of any arrival to site that AVI Systems is not able to execute work efficiently and definably progress, the
Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer
will be presented a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of
the integration effort is agreedupon.
Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation maycause scheduling
delays of up to 10 businessdays.
There is ready access to the building / facility and the room(s) for equipment andmaterials.
There is secure storage for equipment during a multi-dayintegration.
If Customer furnished equipment and existing cabling is to be used, AVI Systems assumes that these items arein good
working condition at this time and will integrate into the designed solution. Any repair, replacement and/or configuration of
these items that may be necessary will be made at an additionalcost.
All Network configurations including IP addresses are to be provided, operational and functional beforeAVI Systems
integration begins. AVI Systems will not be responsible for testing the LANconnections.
Cable or Satellite drops must be in place with converter boxes operational before the completion ofintegration. Any delay
resulting in extra work caused by late arrival of these items will result in a change order for time and materials.
Document review / feedback on drawings / correspondence will be completed by the Customer within two business
days (unless otherwisenoted).
The documented Change Control process will be used to the maximum extent possible – the Customer will have an
assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change
Orders (see Appendix).
In developing a comprehensive proposal for equipment and integration services AVI Systems’ Sales Representatives and
Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of
technical infrastructure and site conditions for installation. If any of the conditions we have indicated in the site survey
form are incorrect or have changed for your particular project or project site, please let your Sales representative know as
soon as possible. Conditions of the site found during integration effort which are different from those documented may
have an effect on the price of the system solution, integration or services. To ensure that you have an accurate proposal
based on your facility and specific to the conditions of your project, please review all project documentationcarefully.
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F.INTEGRATION PROJECT MANAGEMENTPROCESSES
AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on
the size/complexity/duration of the integration project):
Site Survey – performed prior to Retail Sales Agreement andattached
Project Welcome Notice – emailed upon receipt of PurchaseOrder
Project Kick-Off meeting with Customer Representative(s) – either by phone orin-person
Project Status reviews – informal or formal – either by phone or in-person (based on thesize/complexity/duration of the
project)
Project Change Control – comprised of Field Directed Change Order and/or Contract Change Ordersubmittals (see
Appendix)
Notice of Substantial Completion (see Appendix) – at Customer walk-through – prior to Servicetransition
G.KNOWLEDGE TRANSFER (TRAINING)
This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provideoperators with the
necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include thefollowing:
Equipment and system overview
Equipment operation and function
Equipment start up, stop, and shutdown
Equipment automatic and manualoperation
Discussion and documentation relating to control systemoperation
Discussion and documentation relating to system processor and its controlapplications
Powering up, powering down AV system via controlsystem
Manual operation of display systems, audio system and all other relatedcomponents
Use/operation of patch panels, when and where to beused
Who to call when help isrequired
H.AVI SYSTEMS INTEGRATION SERVICESRESPONSIBILITIES
AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of
Work document detailing the scope of work to be performed.
Provide equipment, materials and service items per the contract products and servicesdetail.
Provide systems equipment integration and supervisory responsibility of the equipmentintegration.
Provide systems configuration, checkout andtesting.
Provide project timelineschedules.
Provide necessary information, as requested, to the owner or other parties involved with this project to ensurethat proper AC
electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities.
Provide manufacturer supplied equipmentdocumentation.
Provide final documentation and “as built” system drawings (CAD) - ifpurchased.
Provide system training following integration to the designated project leader orteam.
I.CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES
Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC,structural
support of equipment, and decorating as appropriate. Includes installation of ceiling mounted projectionscreen.
Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN,T1, ISDN,
etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-siteintegration.
Provide all necessary cableways and/or conduits required to facilitate AV systemswiring.
Provide all necessary conduit, wiring and devices for technical power to the AV systemsequipment.
Provide reasonable accesses of AVI Systems personnel to the facilities during periods of integration, testing and training,
including off hours andweekends.
Provide a secure area to house all integration materials andequipment.
Provide a project leader who will be available for consultation andmeetings.
Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts,etc.).
56
RSA: 1125462
Printed on September 9, 2022 Page 10 of 10
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Model #Mfg Description Qty Price Extended
Bozeman Commission Rm Video Call Integration
NC-12X80 QSC VIDEO,NC-12X80,CN 1 $3,500.00 $3,500.00
NC-20X60 QSC VIDEO,NC-20X60,CN 1 $4,200.00 $4,200.00
OFE OWNER OFE PC 1 $0.00 $0.00
ESP1440 EPIPHAN Pearl Mini NA/JP 1 $3,700.00 $3,700.00
MAG-32040 MAGEWELL USB Capture HDMI Plus 1 $355.00 $355.00
OFE OWNER Owner Furnished Equipment DM NVX® 4K60 4:4:4
HDR Network AV Encoder/Decoder
2 $0.00 $0.00
CORE NANO QSC PROCESSOR,CORE NANO-NA,100-240V,1 $1,700.00 $1,700.00
12G-CROSS DECIMATOR HDMI/SDI 4K Cross Converter with Scaling and
Frame Rate Conversion
1 $606.91 $606.91
HDPMM03F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 3'4 $12.37 $49.48
4T-B60CJ1U SHARP 60" Class (60.1" diagonal) Commercial LCD Display
- Brilliant Ultra High Definition (3840 x 2160) re
1 $1,250.00 $1,250.00
DM-NVX-360 CRESTRON DM NVX® 4K60 4:4:4 HDR Network AV
Encoder/Decoder
1 $1,300.00 $1,300.00
AC-DA12-AUHD-GEN2 AVPRO HDMI 1x2 18 GBPS Splitter w/HDR & EDID Mgmt;
Audio De-embedding; downscaling (Full HDR, 4K60
4:4:4);
1 $170.00 $170.00
TS525TU CHIEF THIN SWING ARM (LARGE)1 $565.00 $565.00
HDPMM03F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 3'1 $12.00 $12.00
4T-B60CJ1U SHARP 60" Class (60.1" diagonal) Commercial LCD Display
- Brilliant Ultra High Definition (3840 x 2160) re
1 $1,250.00 $1,250.00
TS525TU CHIEF THIN SWING ARM (LARGE)1 $565.00 $565.00
HDPMM15F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 15'1 $41.00 $41.00
OFE OWNER OFE PC 1 $0.00 $0.00
OFE OWNER OFE NVX 1 $0.00 $0.00
OFE OWNER OFE Production Connection 1 $0.00 $0.00
HDPMM10F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 10'1 $17.47 $17.47
18-CMP-VID-BLK-500 LIBERTY AV SDI COAX RG6 HD CMP BLACK 1 $400.00 $400.00
CM-RG6M-BNC LIBERTY AV BNC PLUG, RG6 UNIV. PLN C-TEC2 8 $3.00 $24.00
24-4P-P-L6-EN-BLK500 LIBERTY AV CAT6 550 23/4P UTP CMP BLACK 3 $209.00 $627.00
RVAFPUBK-B24 BELDEN REVConnect Plug 10GX UTP Black 24Pack 1 $293.00 $293.00
Engineering & Drawings $1,768.00
Project Management $680.00
Programming $3,910.08
On Site Integration $5,176.50
Travel $831.96
Integration Cables & Connectors $409.07
Travel Expense $2,247.50
Sub-Total: Bozeman Commission Rm Video Call
Integration
$35,648.97
Sub-Total:$0.00
Total:$35,648.97
Refer to page 1 for the Grand Total that includes the Taxes, and Shipping & Handling
57
RSA: 1125462
First Amendment to Professional Services Agreement for City Commission Room AV Equipment and Services
FY 2022 – FY 202x
Page 11 of 11
58
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Lance Lehigh, Interim City Engineer
Nicholas Ross, Transportation and Engineering Director
SUBJECT:Authorize City Manager to Sign an Amendment 1 with Morrison Maierle for
the West Babcock Street (11th to 19th) Reconstruction Project
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Amendment No.1 with Morrison Maierle for
the West Babcock Street (11th to 19th) Reconstruction Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the Amendment No. 1 with Morrison Maierle for the
West Babcock Street (11th to 19th) Reconstruction Project. The document is
in the City’s standard format.
The original professional services agreement for the project only included
the predesign task. That task included the surveying, geotechnical
investigation, review of traffic volumes, completion of preliminary layouts of
utilities, lighting, and stormwater and provided an updated project budget.
This amendment is to add the design phase services for the project including
construction of the road to the master planned section, reconfiguration of
the signal and intersection at 19th and Babcock, installation of sidewalks and
bike lanes, storm drainage improvements, and installation of street lighting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:$298,258 from the Street Impact Fee Fund (SIF118).
Attachments:
PSA Amendment 1 Babcock 11th to 19th.pdf
Report compiled on: October 4, 2022
59
1
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR WEST BABCOCK (11TH AVENUE TO 19TH AVENUE)
MMI. No. 0417.089
THIS IS AN AGREEMENT made as of ____________________________, 2022,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman, Montana, 59771 (OWNER) and Morrison-Maierle, Inc., 2880 Technology Blvd West, Bozeman, Montana, 59718 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
April 6, 2021, herein referred to as the Original Agreement, for professional engineering services for the West Babcock (11th Avenue to 19th Avenue) Project; and WHEREAS, the scope of the Original Agreement included services for the pre-design
services for the Project; and
WHEREAS, the parties desire to amend the Agreement to include preliminary, final, and bidding services for the Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT C-2 – Scope of Work – Preliminary and Final Design Services and EXHIBT D-2 ENGINEERING FEE ESTIMATE are
hereby incorporated in and made part of this Agreement.
Article 1 - Engineering Services Section 1.3 is added to the Original Agreement as follows:
1.3 Services for preliminary design engineering services for the project 11th Avenue to 19th Avenue and final design services for the project from 15th to 19th Avenue. The 11th to 15th portion of the project will have a future final design phase. Refer to Exhibit C-2.
Article 4 – Basic Engineering Services
Sections 4.2, and 4.3 are added to the Original Agreement as follows:
4.2 PRELIMINARY DESIGN PHASE
After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall:
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2
4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical
reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be
based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as
necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications.
61
3
The Preliminary Design Phase will be completed and submitted within 240 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms,
general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings,
specifications and contracts). The Final Phase will be complete and submitted within 90 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services.
Article 6 - Compensation For Engineering Service
Article 6.1 and 6.2 of the agreement are amended as follows:
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under section 4.2 through 4.3 of this Agreement pay a total sum in the amount of $ 298,258.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 4.1) shall not exceed the following ceilings: $ 268,432 (90% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER. $ 298,258 (100% of design fee) until the Final Plans and Specifications are accepted by the OWNER. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable.
62
4
Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the parties shall be bound by all terms and conditions therein. In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
BY:________________________ BY: Travis Eickman, PE (City Manager) (Vice-President) DATE:_____________________ DATE:________________________
ATTEST: BY:______________________ (City Clerk)
N:\0417\089 - W. Babcock\01 Project Management\Contracts\Amendment No 1\PSA Amendment 1 V2.docx
63
EXHIBIT C-2
West Babcock Street Reconstruction (11th Avenue – 19th Avenue)
Scope of Work – Preliminary and Partial Final Design Services
August 24, 2022
Task 2.1 – Project Management
This task includes general project management for this phase of the project.
Task 2.2 – Pickup Survey
This task includes collecting additional field data in support of the design. Subtasks include the
following:
• Miscellaneous topographic survey as needed to fill in gaps or for specific properties.
• Coordinate with utility companies to assure that the field locates we obtained match the
utilities records.
• It is anticipated that some subsurface utility survey work will be needed prior to completion
of the final design. This work is not included in this scope of services but may be added
as additional services once the scope of the work is fully determined.
Task 2.3 – Roadway Design
This task includes schematic roadway design to determine roadway parameters. Subtasks
include the following:
• Vertical Alignment – Finalize roadway vertical alignment, and complete final roadway
grading.
• Typical Sections – Update roadway typical sections per the Pre-Design Plan comments.
• Intersection Geometrics – Finalize geometry and grading of the 15th intersection and the
11th intersection.
• Signing and Striping – Prepare signing and striping plans depicting all proposed sign
locations, as well as pavement marking details. Stationing will not be used to call out
pavement markings as references will be made to standard details for the Contractors use
in laying out the pavement markings.
• Cross Sections – Develop cross sections as needed for design work. Cross sections will
not be included in the plan set.
• Right of way and construction permit requirements will be identified as part of the roadway
design tasks. The design team will provide baseline information to the City’s Right of Way
Consultant for their use in preparing the required documentation and obtaining the
property owners’ and City’s approvals. Construction permit requirements will be
incorporated into the project documents. Develop options and coordinate with the City’s
Right of Way Consultant regarding modifying access to the parcel just to the north of South
15th Avenue to allow for standard crosswalk(s) to be utilized at this intersection. The effort
64
for this task will be tracked as its own work item as the scope of the work is not fully known.
If the budgeted effort for this work is inadequate, additional budget will be required or the
scope of work reduced.
Task 2.4 – Traffic Signal and South 19th Ave/West Babcock Street Intersection Design
This task includes all aspects of the South 19th Avenue and West Babcock intersection design
and modifications to the traffic signal at the intersection. Subtasks include the following:
• Collect traffic turning data at the intersection with video; tabulate data for peak hours.
• Utilize growth projections established in the 2017 Transportation Plan, and determine level
of service (LOS), queue lengths, storage length, and recommended curb radius.
• Prepare signal operations analysis report based on the Manual of Uniform Traffic Control
Devices (MUTCD) and MDT standards.
• Develop traffic signal plans.
• Develop lighting plans.
• Develop signing plans.
• Electrical design for lighting and signal.
• Develop geometrics of the intersection and curb returns, including lane widths, lane
transition lengths, and sidewalk design.
• Provide the preliminary plans to MDT and the City and participate in a plan review session
with MDT.
• Make revisions to the preliminary plans based on MDT and City comments.
• Submit revisions to MDT to develop final plans and specifications for this portion of the
project.
Task 2.5 - Corridor Lighting Design
This task includes the final street lighting design for the corridor.
Task 2.6 – Stormwater, Water and Sewer Design
This task includes the final design of the stormwater facilities for the project along with sewer and
water adjustments including the following tasks:
• Prepare final hydraulic calculations
• Develop final drainage report
• Prepare storm drainage plans – storm sewer profiles will be included on the road plan
sheets where possible.
• Identify locations for new water and sewer services and provided information on road plan
sheets
• Determine adjustment needs for sewer and water infrastructure and place information on
plan sheets
• Determine locations for fire hydrant replacements and final elevation. Develop plan details
for hydrant relocations
65
Task 2.7 – Utility Company Coordination
This task provides for coordination with the utility companies that have facilities that need
adjustments or relocations and includes the following subtasks:
• Contact utility companies and provide a preliminary analysis of relocation needs
• If needed, attend one (1) meeting with all Private Utility Companies and COB staff to
discuss all private utility relocations
• For utilities facilities that require the utility company to do their work at the time the City’s
contractor is onsite, such as vault casting adjustments, the work will be identified on the
plan sheets and the utility company notified.
• The effort for this task will be tracked as its own work item as the scope of the work is not
fully known. If the budgeted effort for this work is inadequate, additional budget will be
required or the scope of work reduced.
Task 2.8 – Project Manual and Specifications
This task will prepare the project manual and bidding documents for the project. The project
manual will also include technical specifications utilizing the City of Bozeman’s Standard
Modifications to Montana Public Works Standard Specifications.
Task 2.9 – Final Plans and Specifications (15th to 19th only)
This task includes incorporating comments from the City of Bozeman review of the 90% design
documents in order to produce the final construction documents. The design of the transition of
the road section from the 15th Avenue intersection to east will be completed as part of the final
design.
Task 2.10 – Quality Assurance
This task includes budget for senior staff to provide quality assurance reviews for the Preliminary
Design plans and specifications, and the Final Plans and Specifications for constructing the first
phase (15th – 19th). We will prepare two sets of plans. One of the preliminary design of the entire
corridor and one set of 90% final design documents of the first phase for final City of Bozeman
review. This will include the plans and Project Manual for review.
END
66
TASK TOTAL SUPERVISING SUPERVISING SENIOR DESIGN ENGINEER LAND LAND SURVEY CADD TOTAL COSTEXPENSESHOURSENGINEER III ENGINEER II ENGINEER I ENGINEER I INTERN I SURVEYOR IV SURVEYOR II CREW DRAFTER CLERICAL FOR TASK
Task 2.1 Project ManagementGeneral Project Management 16 16Miscellaneous Expense -$ Total for Task -$ 16 16 3,588$ Task 2.2 - Pickup SurveyMiscellaneous Topo Survey 36 20 16Utility Company Coordination 18 6 12Survey Quality Assurance 2 2Survey Equipment 960$ Miscellaneous Expense 100$ Total for Task 1,060$ 56 2 26 28 9,802$ Task 2.3 Roadway Design
Project Coordination 12 4 4 4
Vertical Alignment 24 4 20Final Roadway Grading 192 12 180Update Typical Sections 20 8 12Intersection Grading Details 68 4 44 12 8Signing and Striping 88 8 32 24 24Miscellaneous Detail Drawings 60 12 32 16Cross Sections 40 40Right of Way and Construction Permit Requirements 68 8 6090% Plan Review Submittal 20 4 8 4 4Miscellaneous Expense 1,200$ Total for Task 1,200$ 592 16 32 408 68 64 4 87,547$ Task 2.4 Signal / Intersection DesignProject Coordination 4 4Collect Traffic Data 12 12Analyze Traffic Data 1,374$ 16 4 4 8Coordinate with MDT 44 4 8 32Prepare Signal Operations Analysis Report 76 16 60Traffic Signal Design 110 24 2 36 40 8Lighting Design 20 16 4Electrical Design 36 32 4Signing Design 24 8 16Pedestrian Access 42 2 24 16Plan Review with MDT 16 4 4 8
Revise Preliminary Plans based on Comments from MDT/COB 58 2 8 32 16
Final Plans and Specifications based on Final MDT/COB Review 36 8 4 12 12
Miscellaneous Expense 1,100$ Total for Task 2,474$ 494 66 16 52 284 32 44 80,906$ Task 2.5 Corridor Lighting DesignProject Coordination 6 2 4Lighting Layout 64 32 32Electrical Layout 40 40Electrical Detail Drawings 20 8 12Miscellaneous Expense 100$ Total for Task 100$ 130 2 84 32 12 17,826$ Task 2.6 Stormwater, Water, Sewer DesignProject Coordination 2 2Final Stormwater Calculations 32 32Drainage Report 36 36Final Stormwater Design 60 16 32 12Stormwater Detail Drawings 36 12 24Sewer and Water Coordination 20 20Miscellaneous Expense 200$ Total for Task 200$ 186 2 96 52 36 29,408$
Task 2.7 Utility Company CoordinationProject Coordination 2 2Utility Company Contacts and Coordinate Relocation Needs 56 4 40 12Attend One (1) Meeting with Private Utility Owners and COB Staff 6 3 3
Utility Adjustments to be Completed by Contractor 12 12
Miscellaneous Expense 200$
Total for Task 200$ 76 9 43 24 13,427$ Task 2.8 Project Manual and SpecificationsProject Coordination 2 2Prepare Project Manual Front End Documents 18 2 12 4Prepare Project Technical Documents 40 4 32 4Prepare Bid Form 14 2 12Update Construction Cost Estimate 28 4 24Miscellaneous Expense 100$ Total for Task 100$ 102 14 80 8 16,046$ Task 2.9 Final Plans and Specifications (15th to 19th)Project Coordination 2 2Response to Comments 14 2 12Plans Modifications 50 2 24 12 1215th Transition Plan 58 2 24 16 16Specifications Modifications 22 2 20Front End Document Final Coordination and Production 16 4 4 8Miscellaneous Expense 100$ Total for Task 100$ 162 14 84 28 28 8 22,546$ Task 2.10 Quality Assurance Quality Assurance - Preliminary Design Plans 40 16 24Quality Assurance Final Plans and Specifications (15th to 19th)40 16 24Miscellaneous Expense 50$ Total for Task 50$ 80 32 48 17,162$
SUBTOTAL OF STAFF HOURS REQUIRED 1894 171 96 191 1016 160 2 26 28 184 20
HOURLY PAY RATE $65 $60 $51 $44 $29 $42 $35 $55 $32 $24MULTIPLIER3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45 3.45HOURLY RATE $224 $207 $176 $152 $100 $145 $121 $190 $110 $83LABOR COST BY POSITION $38,347 $19,872 $33,606 $154,229 $16,008 $290 $3,140 $5,313 $20,314 $1,656TOTAL LABOR: $292,774TOTAL EXPENSES 5,484.00$ TOTAL COST OF PHASE: $298,258 298,258$
STAFF HOUR ESTIMATE
EXHIBIT D-2 - Engineering Fee EstimateWest Babcock Street (11th-19th) - Preliminary and Partial Final Design Services
67
Memorandum
REPORT TO:City Commission
FROM:Danielle Garber, Associate Planner
Anna Bentley, Community Development Interim Director
SUBJECT:Resolution 5445 to Annex Approximately 2.29 Acres Near Baxter Lane and
Harper Puckett Road, Correcting and Replacing Resolution 5386 Approved on
September 13, 2022, Application 18240
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approval of Resolution 5445 correcting and replacing Resolution 5386
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City of Bozeman received a petition for annexation and initial zoning
from Rainbow Creek Rental Properties, LLC requesting the City Commission
annex the 2.29 acres and additional right of way currently addressed as 4555
Baxter Lane, Bozeman, MT and apply a zoning classification of R-4,
Residential High Density. The City Commission held a public hearing on
November 26, 2019 and voted to annex the subject property, subject to
terms of annexation and zoning contingencies. On February 28, 2019 the City
received an annexation agreement which incorporated the recommended
terms of annexation which was signed by the current land owner following
the public hearing. Following approval, a complaint and petition was filed
with the Montana Eighteenth Judicial District Court on December 21, 2018,
appealing the City Commission decision to adopt the initial zoning for said
tracts which delayed the City processing the executed annexation agreement
and terms of annexation. On November 30, 2021 District Judge Hon. Rienne
H. McElyea granted summary judgment in favor of the City of Bozeman and
dismissed the complaint. Following the judgment all terms of annexation
were completed by the applicant, except the requirement for City standard
sidewalks and a drive approach along the property frontage which was due
on October 1, 2019. Due to the delay created by the lawsuit, the applicant
has proposed that the sidewalk and drive approach be installed with
subsequent development. The required public street and utility easement,
as well as the 10-foot utility easement along Baxter Lane were provided in
February and Approved by the City Commission on the March 22, 2022
agenda.
68
On the September 13, 2022 City Commission agenda, Resolution 5386 was
approved on the consent agenda. However, an error in the document
prevents it from being recorded a the Gallatin County Clerk and Recorder's
Office. This replacement Resolution, no. 5445, corrects the mistake and will
replace Resolution 5386. The annexation agreement has already been
executed by the City Manager.
The original application materials are available in the City's Laserfiche
archive. Additionally, attached to this document is Resolution 5445 providing
for the annexation of the subject property.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution 5445 Rainbow Creek ANNX.pdf
Report compiled on: October 6, 2022
69
Version April 2020
RESOLUTION 5445
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HERINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT, RAINBOW
CREEK ANNEXATION, APPLICATION 18240
WHEREAS, the City of Bozeman received a petition for annexation from Rainbow Creek
Rental Properties, LLC current landowners of record, requesting the City Commission to extend
the boundaries of the City of Bozeman so as to include an area of land containing approximately
2.29 acres plus additional public right of way as required by law; and
WHEREAS, the current landowner of record of real property consisting of one parcel of
land described in Section 1, requested the City Commission to extend the boundaries of the City
of Bozeman; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission’s goals and policies for annexation and was presented to the Commission on
November 26, 2018; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
November 26, 2018; and
WHEREAS, on February 28, 2019, the City received an annexation agreement which
incorporated the recommended terms of annexation which was signed by the current land owner
following the public hearing; and
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SIDs,
and water and sewer hookup fees to said contiguous tracts is the subject of a written agreement
between the City and the Landowner; and
70
Version April 2020
WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial
District Court on December 21, 2018, appealing the City Commission decision to adopt the initial
zoning for said tracts which delayed the City processing the executed annexation agreement and
terms of annexation; and
WHEREAS, one term of annexation outlined in the Commission’s findings was effected
by this lawsuit, the term requires the construction of a city standard sidewalk and drive approach
along the property frontage by October 1, 2019; and
WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted
summary judgment in favor of the City of Bozeman and dismissed the complaint.
WHEREAS, following the judgment all terms of the annexation were completed by the
applicant, except the requirement for city standard sidewalks and a drive approach along the
property frontage, this will be completed with subsequent development; and
WHEREAS, on September 13, 2022, the City Commission adopted Resolution 5386
authorizing the annexation of the Rainbow Creek properties to the City; prior to the Mayor signing
Resolution 5386 City staff recognized errors in the Resolution; and
WHEREAS, the errors in Resolution 5386 necessitate adoption by the Commission of
a new resolution annexing the Rainbow Creek properties to the City; and
WHEREAS, this Resolution 5445 corrects the errors in Resolution 5386.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann.,
the following-described property, be annexed to the City of Bozeman and that the boundaries of
said City shall be extended so as to embrace and include such approximately 2.29 acres, to wit:
Legal Description
BOOK 148 PAGE 207 SW ¼ OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MT
A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County,
Montana, and being more particularly described as follows: Beginning at a point on the
south line of said section, which said point bears East a distance of 248.6 feet from the
71
Version April 2020
southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence
a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’
E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the
foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in
the south line of said section; Thence West along said south line a distance of 415.9 feet
to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and
207. This tract contains 2.29 acres, more or less.
Section 2
This Resolution hereby supersedes Resolution 5386.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
72
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Resolution 5446 A Resolution of Intent to Amend the Future Land Use Map
of the Bozeman Community Plan 2020, Application 22282
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5446 setting dates for public hearings.
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:An application has been submitted to change the future land use map on 42
acres from Public Institutions to Regional Commercial and Services. The
property is located between W. College Street and W. Garfield Street in
approximately the 2500 block and is the site of the MSU Innovation Campus.
State law requires the City Commission adopt a resolution of intent as the
first formal step in review of an amendment to the growth policy. The
resolution of intent advises the public of the upcoming review and generally
sets required public hearings before the Community Development Board in
their capacity as the planning board and before the City Commission. No
final action to amend the growth policy is taken with this resolution.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
Attachments:
001 Development Review Application.pdf
005 Property Exhibit.pdf
22282 GPA Resolution of Intent 5446.pdf
Report compiled on: October 3, 2022
73
BOZEMANMT
Community Development
DEVELOPMENT REVIEW APPLICATION
Remember to obtain owner signature on this form prior to uploading with the rest of your submittal
PROJECT INFORMATION
Project Name:MSU Innovation Campus - GPA
Project Type(s):Growth Policy Amendment GPA
Street Address:Between W. College St and W. Garfield St. The west boundary is ~450' east
of S. 29th Ave and the east boundary is ~1250' west of S. 19th Ave.
Legal Description:
MINOR SUB 195B, S14, T02 S, R05 E, Lot C-1A, ACRES 41.976, (IMPS
CARD RGG84295)
Description of Project:
The applicant seeks a Growth Policy Amendment to "Regional Commercial
and Services" from "Public Institutions". The change will bring the growth
policy in line with the development of the Innovation Campus as a collection of
buildings totaling more than 500,000 SF of Office and R&D space that will be
home to 10-20 different companies.
Current Zoning:B-P Business Park District
Existing Use:Mixed
Proposed Use:Mixed
Gross Lot Area:1828475
Number of Buildings:0
Type and Number of Dwellings:0
Building Size (SF):0
Non-Residential Building Size (SF):0
Building Height (ft):30
Affordable Housing (Y/N):No
Departure/Deviation Request (Y/N):No
Zoning Verification Expedited (Y/N):No
PROPERTY OWNER
Company Name:MSU Innovation Campus
Name:Mark Sharpe
Full Address:222 East Main Street, Bozeman, MT 59715
Email:mark.sharpe@msuaf.org
Phone:(406) 314-9005
APPLICANT
Company Name:AE Design
Name:Robert Church
Full Address:515 W Aspen Street, Suite 200A , Bozeman, Montana 59715
Email:rchurch@ae.design
Phone:(406) 451-7310
DocuSign Envelope ID: EC3DBDB2-5F00-485C-9663-54E5C3F1E9D1
74
REPRESENTATIVE
Company Name:AE Design
Name:Robert Church
Full Address:515 W Aspen Street, Suite 200A , Bozeman, Montana 59715
Email:rchurch@ae.design
Phone:(406) 451-7310
CERTIFICATIONS AND SIGNATURES
Applicant signature is captured electronically at time of application submittal. This application PDF must also be
signed by the property owner(s) for all application types before the submittal will be accepted. The only exception
to this is an informal review application that may be signed by the applicant(s) only. The applicant(s) and property
owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is
further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be
in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed
for my project. Further, I agree to grant City personnel and other review agency representative's access to the
subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the
above information is true and correct to the best of my (our) knowledge.
Certification of Completion and Compliance - I understand that conditions of approval may be applied to the
application and that I will comply with any conditions of approval or make necessary corrections to the application
materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in
compliance with the approved final plan may result in delays of pccupancy or costs to correct noncompliance.
Property Owner Signature:
Printed Name:Mark Sharpe
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
Bozemn, MT 59715 planning@bozeman.net
www.bozeman.net/planning
DocuSign Envelope ID: EC3DBDB2-5F00-485C-9663-54E5C3F1E9D1
75
76
Version April 2020
RESOLUTION 5446
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN
AMENDMENT TO THE FUTURE LAND USE MAP OF THE BOZEMAN COMMUNITY
PLAN 2020.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since
1958, and
WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman
Community Plan 2020 (BCP) through Resolution 5133 on November 17, 2020, and
WHEREAS, the Bozeman Community Plan 2020, Chapter 5, establishes criteria for the
amending of the document, and
WHEREAS, an application has been received to amend the Future Land Use Map of the
growth policy, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a
resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a
growth policy,
Section 1
In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the
application for amendment and possible corresponding revisions to the growth policy is hereby
stated.
Section 2
That a public hearing be set and advertised for the purpose of receiving public testimony
on application 22282, Innovation Campus growth policy amendment to the Future Land Use
Map of the Bozeman Community Plan. Expected dates are with the Planning Board hearing on
December 5, 2022 and the City Commission hearing on December 20, 2022.
77
Version April 2020
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of October, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
78
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Community Development Manager
SUBJECT:Ordinance 2123 Final Adoption, Gran Cielo - Cielo Way and S. 27th Ave. Zone
Map Amendment to Rezone Approximately 4.3 Acres from R-3 (Residential
Medium Density District) to R-4 (Residential High Density District) Including
Adjacent Street Right of Way Northwest of the Intersection of Cielo Way and
S. 27th Avenue, Application 22117
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinace 2123.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Project Summary
The site is vacant. A subdivision of the site has been approved but not yet
filed. The change in zoning affects only a part of the subdivision. Surrounding
property to the west and south is zoned as R3, R5, and approved for REMU
to the east upon completion of annexation. A public street or alley will
separate property with different zoning. For more information see the
attached staff report from the September 20th City Commission meeting.
The City Commission provisionally adopted the ordinance at the September
20th meeting.
Application materials are available in the Laserfiche archive.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:None.
Attachments:
Ordinance 2123 Gran Cielo - Cielo Way ZMA.pdf
Gran Cielo PH II Zone Map Amendment_07.18.2022.pdf
79
Report compiled on: September 26, 2022
80
Ord 2123
Page 1 of 6
ORDINANCE 2123
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 4.279
ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4
(RESIDENTIAL HIGH DENSITY DISTRICT), THE GRAN CIELO – CIELO WAY AND
S. 27TH AVE ZONE MAP AMENDMENT, APPLICATION 22117
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on August 15, 2022, the
Bozeman Community Development Board in their capacity as the Zoning Commission
recommended to the Bozeman City Commission that application No. 22117, the Gran Cielo –
Cielo Way and S. 27th Ave Zone Map Amendment, be approved as requested by the applicant; and
81
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 2 of 6
WHEREAS, after proper notice, the City Commission held its public hearing on
September 20, 2022, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
82
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 3 of 6
requested R-4 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22117 the Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment have been
satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
R-3 (Residential Medium Density District) to R-4 (Residential High Density District):
A tract of land being a portion of the remainder of Tract 4 OF C.O.S. NO. 2725
Per Gran Cielo Subdivision Phase 1a, Located In The Northwest One-Quarter Of Section
23, Township 2 South, Range 5 East, P.M.M. City Of Bozeman, Gallatin County, State Of
Montana, more particularly described as follows;
• BEGINNING AT A 2" ALPINE ALUMINUM CAP AT THE NORTHEAST
CORNER OF TRACT 4 OF COS 2725
• THENCE S 01°27'30" W, A DISTANCE OF 189.86' TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE NORTHEAST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
• THENCE S 31°39'21" E, A DISTANCE OF 101.25', TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE SOUTHWEST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
83
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 4 of 6
• THENCE S 01°27'30" W, A DISTANCE OF 230.22' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 200.36’ TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 380.00' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 175.00' TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 450.89' TO A CALCULATED
POSITION;
• THENCE S 89°15'48" E, A DISTANCE OF 224.91' TO THE POINT OF
BEGINNING,
Containing An Area Of 186,372 Square Feet, 4.279 Acres, all as shown on the attached
exhibit map.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
84
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 5 of 6
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 20th day of September, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
85
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 6 of 6
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
86
LOT 6 LOT 15
CITY PARK
LOTS 1-8
BLOCK 15
2.685 ACRES
116,980 S.F.
CURRENT
ZONING: R-3
PROPOSED
ZONING: R-4
S 27TH AVEEXHIBIT AMADISON ENGINEERING
895 TECHNOLOGY BLVD, SUITE 203
BOZEMAN, MT 59718
PHONE (406) 586-0262 FAX (406) 586-5740
GRAN CIELO - CIELO WAY AND
S. 27TH AVE. ZONE MAP
AMENDMENT
1 inch =
0
SCALE
80
1604080
GRAN CIELO PH II BLOCK 15 LEGAL DESCRIPTION:
LEGEND
ZONE MAP
AMENDMENT
R-4
PROPOSED ZMA
BOUNDARY
LOT 1
0.145 AC.
6323 SF
LOT 2
0.113 AC.
4922 S.F.
LOT 3
0.113 AC.
4925 S.F.
LOT 4
0.113 AC.
4928 S.F.
LOT 5
0.113 AC.
4932 S.F.
CIELO WAYALLEYALLEY
BENNETT BOULEVARD
S 27TH AVES 28TH AVELOT 6
0.240 AC.
10440 S.F.
LOT 7
0.272 AC.
11867 S.F.
LOT 8
1.576 AC.
68643 S.F.
CIELO WAY
S 28TH AVEZONE MAP
AMENDMENT
R-4
87
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2124, Final Adoption of Conditional Use Permits Repeal Text
Amendment, Application 22258
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22258 and
move to recommend approval of Ordinance 2124.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:As part of the City's efforts to support affordable housing, the City is
reviewing its land development regulations. On March 1, 2022, the City
Commission directed staff to prepare various amendments to the municipal
code for public review. This proposed ordinance is one of the amendments.
A larger code update project is underway to upgrade structure, organization,
and presentation of the code and is separate from this amendment.
The City Commission conducted the required public hearing and
provisionally adopted Ordinance 2124 on October 4th. No public comment
has been received. For details on intent and scope of this application please
see the attached staff report and ordinance. An exhibit showing which land
uses changed review process as a result of this amendment is included.
Unless specified otherwise, the effective date of this ordinance will be
November 17, 2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
88
Attachments:
Ordinance 2124 Removal of CUP review process Final
Adoption.pdf
Exhibit A for Final Adoption CC memo.pdf
22258 CC Staff Report - CUP Process Repeal.pdf
Report compiled on: October 5, 2022
89
Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code
Ord. 2124 Page 1 of 49
ORDINANCE 2124
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.200.010 REVIEW AUTHORITY, 38.200.100 BUILDING PERMIT REQUIREMENTS, 38.200.140 FEE SCHEDULE, 38.200.160 VIOLATION; PENALTY; ASSISTING OR
ABETTING; ADDITIONAL REMEDIES, 38.210.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA, 38.220.410 CONTENTS OF NOTICE, 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, 38.230.030 SPECIAL DEVELOPMENT PROPOSALS ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA, 38.230.090 PLAN REVIEW
PROCEDURES, 38.230.010 INTRODUCTION, 38.230.110 CONDITIONAL USE PERMIT, 38.230.120 SPECIAL USE PERMIT, 38.250.070 ZONING VARIANCES, 38.250.100 REASONABLE ACCOMMODATION, 38.280.010 NONCONFORMING USES, 38.280.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES, 38.280.040 NONCONFORMING STRUCTURES, 38.300.110 COMMERCIAL AND
MIXED-USE ZONING DISTRICTS INTENT AND PURPOSE, DIVISION 38.310 PERMITTED USES, SECTION 38.340.040 CERTIFICATE OF APPROPRIATENESS, 38.350.030 USE OF LANDS, BUILDINGS AND STRUCTURES, 38.360.010 PURPOSE, 38.360.230 STABLE, COMMERCIAL, 38.370.020 SPECIAL SUBMITTAL REQUIREMENTS, 38.370.030 USES WITHIN DISTRICTS AND REQUIRED
REVIEW PROCEDURES, 38.370.040 STANDARDS, 38.540.020 STALL, AISLE AND DRIVEWAY DESIGN, 38.560.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, 38.570.110 NONCONFORMING LIGHTING, 38.700.040 C DEFINITIONS, 38.700.150 P DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22258.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on September 19, 2022 to receive and
review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the
Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance
2124, be approved as proposed; and
90
Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code
Ord. 2124 Page 2 of 49
WHEREAS, after proper notice, the City Commission held its public hearing on October
4, 2022, to receive and review all written and oral testimony on the proposed amendment to the
subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana that:
SECTION 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health, safety
and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community.
3. The city commission identifies affordable housing as one of its main strategic goals:
“Housing and Transportation Choices - Vigorously encourage, through a wide variety of
actions, the development of sustainable and lasting housing options for under-served
individuals and families and improve mobility options that accommodate all travel modes.”
4. The Community Housing Needs Assessment (February 2019) was completed to help the
city identify, understand and address the housing challenges and problems faced by local
residents and employees in the city.
5. The Bozeman Community Housing Action Plan was approved by city commission on
November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a
partnership framework to address affordable housing (also called community housing) in
Bozeman over a five-year period and recommends edits to this chapter.
6. The City retained Clarion and sub consultants to review the City’s land use regulations
with a lens of affordability and Clarion provided a report with recommendations of possible
changes including increasing administrative review of development proposals.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations for
zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment.
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9. The Community Development Board acting in its capacity as the municipal Zoning Commission considered the application materials, staff analysis and report, all submitted
public comment, and all other relevant information and recommended approval.
10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission and Planning Board, all submitted public comment, and all other relevant information.
11. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied.
12. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance.
Section 2 That Paragraph 38.200.010.A, of the Bozeman Municipal Code be amended as follows:
A. The city commission has the authority to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including
planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
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e. Appeals from administrative interpretations and final project review decisions;
f. Approval of preliminary park master plans when associated with a development
for which the city commission is the review authority;
g. Large scale retail per section 38.360.160;
h. More than two deviations or where deviation is for more than 20 percent of standard.
i. Conditional use permits when no board of adjustment is established;
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
SECTION 3
Section 38.200.100 Building permit requirements of the Bozeman Municipal Code be amended
as follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building
permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of
foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner.
a. Exception: The issuance of building permits may be allowed prior to completion
of infrastructure improvements, pursuant to the provisions established in division
38.270.
2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional
special use permit (hereinafter referred to as "plan"), and after any appeals have been
resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230.
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SECTION 4
Section 38.200.140, Fee Schedule of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.140. Fee schedule.
A. The city commission must establish a schedule of fees, charges and expenses and a
collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city
commission.
B. No subdivision, or zoning permit allowed by this chapter, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance may be issued unless or until such costs, charges, fees or expenses have been paid in full, nor may any action be taken on proceedings before any advisory body or review authority
the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full.
SECTION 5
Paragraph 38.200.160.A of the Bozeman Municipal Code be amended as follows:
A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions of approval and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the review authority is a misdemeanor. Any person who violates this chapter or fails to comply
with any of its requirements may upon conviction thereof be fined or imprisoned or both,
either as set forth in state law regarding subdivision and zoning, or in accordance with section 1.01.210, and in addition must pay all costs and expenses involved in the case except as stated in subsection D of this section.
1. Each day such violation continues is a separate offense and punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of
land in violation of any provision of these regulations or the Montana Subdivision and Platting Act is a separate and distinct offense.
SECTION 6
Paragraph 38.210.010.A of the Bozeman Municipal Code be amended as follows:
A. Purpose. The development review committee (DRC), design review board (DRB),
administrative design review staff (ADR) and, if established, wetlands review board (WRB), is to coordinate, expedite and ensure fair and equitable implementation of this
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chapter. The objective, to be implemented through their procedures and deliberations, is to encourage development quality that will enhance both the natural and built environments,
with consideration to present and future property values, and to carry out the purposes of
this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility.
1. DRC. The DRC evaluates all proposals subject to the provisions of this chapter. The
DRC is the body charged with reviewing items relating to public health and safety. The
DRC acts as an advisory body to the review authority established by section 38.200.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested by review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR may review development applications subject to design review for zoning amendments, or applications for moving, demolition or any other kind of permit.
4. WRB. The WRB, if established, has the duties and responsibilities established by
section 2.05.2900.
5. BOA. The BOA, if established, has the duties and responsibilities established by section 2.05.2810.
SECTION 7
Paragraph 38.220.410.B of the Bozeman Municipal Code be amended as follows:
B. Mailed and posted notices required for applications specific to individual sites site plans,
master site plans, certificates of appropriateness, special use permits, conditional use
permits, planned unit developments, deviations, variances and subdivisions must also
include a map of the area of the development so as to indicate its general location and
proximity to surrounding properties.
SECTION 8
Table 38.220.420, Minimum standards for timing, location of noticing area and type of notice of
the Bozeman Municipal Code be amended as follows:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
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Zone Map Amendment - rezoning or with annexation 200 Newspaper, post on-site, mail 1st class
Zone Map Amendment - Resulting from ordinance changes None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-
site
Deviation 200 Newspaper, post on-site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further development None None
Sketch plans for adding dwellings in the neighborhood conservation overlay district,
demolition of historic structures as defined in
article 7 of this chapter, or modification of wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Preliminary Planned Unit Development 200 Newspaper, post on-site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-site, mail 1st class
Floodplain permit 200 Newspaper, mail 1st
class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA
including subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site, certified mail to adjacent owners, mail 1st class all others
Notice of violation per 38.200.160 None Certified mail to landowner
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SECTION 10
Section 38.230.010 Introduction of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.010. Introduction.
A. All non-subdivision development proposals within the city will be subject to plan review
and approval except repair, maintenance, grading below the minimum defined limits of this
chapter, and interior remodeling, or other items specifically exempted in this chapter.
Depending on the complexity of development and status of proposed use in the applicable
zoning district, either sketch plans, site plans, master site plans, or special use permits, or
conditional use permits (referred to herein as a "plan") will be required as specified in this
division 38.230. Although work may be exempt from zoning review it may require review
for other permits before construction may begin.
B. Special development proposals (e.g. CUPs, variances, etc.) require other information to be
submitted in conjunction with plans and are subject to requirements specific to the type of
proposal. These additional submittal requirements and review procedures are outlined in
section 38.230.030.
C. When a development is proposed within a neighborhood conservation overlay district or
historic district, or proposes signs which do not specifically conform to the requirements of
this chapter, design review is required in conjunction with plan review per the authority in
section 38.210.010. In such cases, additional submittal requirements and review procedures
apply as outlined in section 38.220.090.
D. Conditional Special uses. Certain uses, while generally not suitable in a particular zoning
district, may, under certain circumstances, be acceptable. When such circumstances can be
demonstrated by the applicant to exist, a conditional special use permit may be granted by
the review authority. Conditions may be applied to the issuance of the permit and periodic
review may be required. No conditional use permit must be special use permit may be
granted for a use which is not specifically designated as a conditional special use in this
chapter.
E. Approval will be granted for a particular use and not for a particular person or firm.
F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other
relevant portions of this chapter.
G. Applications subject to this division 38.230 are reviewed under the authority established by
division 38.200 of this chapter.
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SECTION 11
Paragraph 38.230.030.B of the Bozeman Municipal Code be amended as follows:
B. Review procedures and review criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following sections and divisions of this
chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
2 3. Section 38.230.120, Special use permit;
3 4. Division 38.360, Standards for Specific Uses;
4 5. Division 38.370, Telecommunications;
5 6. Division 38.600, Floodplain Regulations; and
6 7. Division 38.250, Appeals, Deviations and Variance Procedures.
SECTION 12
Paragraph 38.230.090.E.2 of the Bozeman Municipal Code be amended as follows:
2. Plan with deviations or variances or conditional use permits. The review authority must
provide an opportunity for the public to comment upon a proposed plan. The notice
must comply with the requirements of division 38.220 of this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies
and considering any public comment must act to approve, approve with conditions
or deny an application. The decision must be in writing and must include any
special conditions which are to be applied to the development.
SECTION 13
Section 38.230.110 Conditional Use Permit of the Bozeman Municipal Code be repealed in its
entirety and the section reserved.
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SECTION 14
Section 38.230.120 – Special use permit of the Bozeman Municipal Code be amended as
follows:
A. The person applying for a special use permit must fill out and submit to the community
development department the appropriate form with the required fee. The request for a
special use permit must follow the procedures and application requirements of this division
38.230.
B. The review authority, in approving a special use permit, must review the application against
the review requirements of section 38.230.100.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through
I.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping
are adequate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Special setbacks, screening, and buffers;
b. Special fences, solid fences, and walls;
c. Surfacing of parking areas and stormwater controls;
d. Regulation of noise, vibrations, lighting, and odors;
e. Regulation of hours for certain activities;
f. Time period within which the proposed use must be developed;
g. Location of use;
h. Duration of use; and
i. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
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D. In addition to all other conditions, the following general requirements apply to every special
use permit granted:
1. The right to a use and occupancy permit is contingent upon the fulfillment of all
general and special conditions imposed by the special use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must
be adhered to by the owner of the land, successors or assigns, are binding upon the
owner of the land, their successors or assigns, must be consented to in writing, and
must be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
E. Applications for special use permits may be approved, conditionally approved or denied by
the review authority. If an application is denied, the denial constitutes a determination that
the applicant has not shown that the conditions required for approval do exist.
F. If the special use permit has been approvedgranted, the permit will be issued upon the
signature of the review authority after completion of all conditions and final plan.
G. Termination/revocation of special use permit approval.
1. Special use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A special use permit will be considered as
terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another use is granted;
c. The use or development of the site is not begun within the time limits of the final
plan approval in section 38.230.140.
2. A special use which has terminated may be reestablished on a site by either, the review
and approval of a new special use permit application, or a determination by the
community development director that the local circumstances and regulatory
requirements are essentially the same as at the time of the original approval. A denial
of renewal by the review authority may not be appealed. If the review authority
determines that the special use permit may be renewed on a site then any conditions of
approval of the original special use permit are also renewed.
3. If activity begins for which a special use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the city may revoke the approval through the
procedures outlined in section 38.200.160.
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SECTION 15
Paragraph 38.250.070.D of the Bozeman Municipal Code be amended as follows:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and
consideration of the application, deny, approve or conditionally approve all requests
for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of
article 6 of this chapter, except that no variance may be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
d. Requests for variances in conjunction with conditional use permits. Approvals of
all such variances must be conditioned upon review authority approval of the
conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted
pursuant to this chapter or alter administrative requirements of this chapter. Permission
to change uses allowed on a parcel may be sought through a zone map amendment, or
an amendment to the text of the applicable zoning district.
4. Notifications of approval for variances related to flood hazard requirements of article 6
of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
SECTION 16
Paragraph 38.250.100.B of the Bozeman Municipal Code be amended as follows:
B. Procedure.
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1. Application. A request for reasonable accommodation must be submitted on an
application form provided by the community development department or in the form of
a letter to the community development director, and must contain the following
information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request
the reasonable accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) That the individual or group of individuals is considered physically or
mentally disabled or handicapped under the applicable non-discrimination
laws, including identification and description of the disability or handicap
which is the basis for the request for accommodation and current, written
medical certification and description of disability or handicap and its effects
on the person's medical, physical or mental limitations; or
(2) That the individual or group of individuals is a protected class based on race,
color, religion, sex, creed, familial status, marital status, age, or national
origin, as defined under the applicable non-discrimination laws, including
identification and description of the protected class which is the basis of the
request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable
accommodation is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs
of the individual(s), including a summary of any potential alternatives contained
in this chapter considered in requesting the accommodation and why other
alternatives contained in this chapter are not feasible;
i. Copies of memoranda, correspondence, pictures, plans or background information
reasonably necessary to reach a decision regarding the need for the
accommodation; and
j. Other supportive information deemed necessary by the department to facilitate
proper consideration of the request, consistent with applicable non-discrimination
laws.
2. Review with other land use applications. If the project for which the request for
reasonable accommodation is being made also requires some other discretionary
approval (including conditional use permit, etc.), then the applicant must file the
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information required by subsection 1 of this section for concurrent review of the
request for reasonable accommodation with the application for discretionary approval.
3. Review authority.
a. Community development director. A request for reasonable accommodation must
be reviewed by the community development director if no approval is sought
other than the request for reasonable accommodation. No fee may be charged for
the review of such a request for reasonable accommodation.
b. Other review authority. A request for reasonable accommodation submitted for
concurrent review with another discretionary land use application must be
reviewed by the authority responsible for the discretionary land use application.
No fee in addition to that charged for the other discretionary land use application
may be charged for the review of such a request for reasonable accommodation.
4. Review.
a. Community development director. The director must make a written
determination within 20 calendar days of the application being deemed complete
and either grant, grant with conditions, or deny a request for reasonable
accommodation. If necessary to reach a determination on the request for
reasonable accommodation, the director may request further information from the
applicant consistent with applicable non-discrimination laws, specifying in detail
the information that is required. In the event that a request for additional
information is made, the 20-day period to issue a decision must be stayed until the
applicant responds to the request.
b. Other review authority. The written determination on whether to grant or deny the
request for reasonable accommodation must be made by the authority responsible
for the discretionary land use application in compliance with the applicable
review procedure for the discretionary review.
5. Notice.
a. Community development director. No advance notice or public hearing is
required for consideration of reasonable accommodation requests by the
community development director.
b. Other review authority. Requests for reasonable accommodation subject to review
by other review authorities require public notice and a public review process
pursuant to the requirements for the other discretionary land use application that is
the subject of the review, including all public notice provisions pursuant to section
38.220.420.
6. Balancing rights and requirements. In reviewing applications for requests for
reasonable accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
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b. The land use requirements for notice and public hearing, factual findings and
rights to appeal, in the city's requests for information, considering an application,
preparing written findings and maintaining records for a request for reasonable
accommodation.
c. Any document identifying the disability or medical condition of any specific
person must be treated as confidential and is subject to disclosure by the city for
any reason, including for compliance with the Open Records Act, unless ordered
to do so by a court of competent jurisdiction and notice is given to the person who
provided the document to the city. Specifically, any medical records regardless of
source, including statements of medical providers, must not be disclosed. For any
other type of document, such as an application or determination, the document
may be subject to disclosure, but only after the nature or description of the
person's disability or medical condition is redacted by the city. A statement
regarding the city's handling of information subject to this provision must be
printed on the city's reasonable accommodation application form, posted on the
city's website, and printed at the bottom of any written document issued by the
city determining a reasonable accommodation application.
SECTION 17
Paragraph 38.280.010.B of the Bozeman Municipal Code be amended as follows:
B. Except as otherwise specified in this division, the right to operate and maintain a
nonconforming use must terminate when the structure or structures housing such use are
destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, a said nonconforming use or uses may be reestablished through a
conditional special use permit procedure as set forth in division 38.230 of this chapter. Such
restoration must comply to the maximum extent reasonably feasible with the requirements
of this chapter.
SECTION 18
Section 38.280.020. Changes to or expansions of nonconforming uses of the Bozeman Municipal
Code be amended as follows:
Sec. 38.280.020. Changes to or expansions of nonconforming uses.
A. Lawful nonconforming non-residential use.
1. A lawful nonconforming non-residential use must not be changed except in
conformance with the use requirements of the zone in which it is located. Except,
however, a lawful nonconforming non-residential use may be changed to another
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nonconforming use, provided that the proposed use is not of greater intensity than the
original use, as determined by the criteria in section 38.280.020.A.2, and that a
conditional special use permit is obtained from the review authority. A lawful
nonconforming non-residential use may be expanded only through the granting of a
conditional special use permit by the review authority. In considering the
appropriateness of the conditional use permit application, the review authority must
weigh the criteria set forth in 38.230.110. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and
use of an existing business. In general, proposals to expand nonconforming uses must
not be approved if the expansion would encompass new land or property which was
not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional special use permit to change or expand a nonconforming non-
residential use, the review authority must determine that the proposed nonconforming
use is more appropriate to the district than the existing nonconforming use, and that no
unsafe or unhealthy conditions are perpetuated. In making such a determination, the
review authority must weigh the following criteria in addition to the criteria applicable
to all conditional special use permits:
a. Traffic impacts, both on-site and off-site;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by divisions 38.340 and 38.230 of
this chapter, without the need to obtain a conditional special use permit from the
review authority. A lawful nonconforming residential use must not be permitted to
increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need of
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a conditional special use permit, as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate
approvals such as a certificate of appropriateness or building permit must be obtained
prior to the initiation of construction.
SECTION 19
Section 38.280.040. Nonconforming structures of the Bozeman Municipal Code be amended as
follows:
Sec. 38.280.040. Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance
from which this chapter is derived may be continued at the size and configuration existing
upon such date except as hereinafter specified, or in the case of signage as specified in
division 38.560 of this chapter and lighting as specified in section 38.570.110.
B. The right to operate and maintain a nonconforming structure terminates when the structure
is destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, said nonconforming nonresidential structure may be reestablished through
a conditional special use permit procedure as set forth in division 38.230 of this chapter.
Such restoration must comply to the maximum extent feasible with the requirements of this
chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary
structural repairs provided such structural repairs do not enlarge the structure or intensify
the use.
SECTION 20
Paragraph 38.300.110.G of the Bozeman Municipal Code be amended as follows:
G. 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
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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 special uses.
SECTION 21
Division 38.310 Permitted Uses of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.010. Interpretation of land use tables.
A. Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses
are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated
with a "S", accessory uses are indicated with an "A" and uses which are not permitted
within the district are indicated by a "-."
B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.
C. The uses listed are deliberately broad and some are given special definitions in article 7 of
this chapter. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically addressed
through the review process. Some uses are the subject of special regulations contained in
division 38.360 of this article.
D. Clarification of permitted uses and special conditions:
1. If a * appears after the use, then the use is defined in article 7.
2. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
4. Where a number with a "sf" reference appears below a P or CS in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
5. If more than one letter-number combination appears in the box (e.g., P2, 3), the use is
allowed in the zone subject to different sets of limitations or conditions depending on
the review process indicated by the letter, the general requirements of the code and the
specific conditions indicated in the development condition with the corresponding
number immediately following the table.
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Sec. 38.310.020. Classification of uses; community development director and city
commission authority.
A. When a use is not clearly defined or otherwise identified in the code so that it may be
determined if it is allowed within a district the community development director must
determine the appropriate classification of a particular use. In making this determination,
the community development director must find:
1. That the use is the same as one or more uses permitted in the district wherein it is
proposed to be located; or
2. That the use is so similar to one or more uses permitted in the district wherein it is
proposed to be located as to be interpreted as the same, so long as:
a. The use and its operation are comparable with the uses permitted in the district
wherein the use is proposed to be located, in terms of:
i. The amount, type, and pattern of vehicular traffic anticipated for the use, and
ii. The expected outdoor uses and activities associated with the use;
b. The use will not cause substantial injury to values of property in the neighborhood
or district wherein it is proposed to be located; and
c. Neither the intent of this chapter nor the intent of the district will be abrogated by
such classification.
Persons objecting to a decision of the community development director regarding a classification
of a use carry the burden of proof to establish error in the decision.
B. If a question arises concerning the appropriate classification of a particular use, the
community development director may submit the question to the city commission to
determine whether the particular use is the same or so similar as to be interpreted the same
as a listed permitted or conditional special use. In making such a determination, the city
commission must find that the criteria set forth in either subsection A.1 or 2 of this section
are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be
interpreted the same, as a listed accessory, principal or conditional special use, the use must
not be allowed. However, an amendment to the text of this chapter may be submitted for
review and approval pursuant to the requirements of this chapter to allow such use as a
listed principal, conditional special, or accessory use (as defined in section division
38.700.020).
Sec. 38.310.030. Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential 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 specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling
units* - attached or
detached (38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited3 (38.360.070)
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household
dwelling or four-
household dwelling
(38.360.220)
— — — P P P P —
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Townhouses* &
rowhouses* (two
attached
units)(38.360.250)
— — P P P P P —
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P2 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
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office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
3. Supplemental use criteria for apartment building, limited are in section 38.360.070.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential
services Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned
recreational
facilities
A A A A A A A A
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Signs*, subject
to article 5 of
this chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural
uses* on 2.5
acres or more
(38.360.270)
P — — — — — — —
Agricultural
uses* on less
than 2.5 acres
(38.360.270)
C S — — — — — — —
Bed and
breakfast*
C S C S C S C S P P P —
Commercial
stable
(38.360.230)
C S — — — — — — —
Community
centers*
C S C S C S C S C S C S P C S
Day care
centers*
S S S P P P P S
Essential
services Type
II*
P P P P P P P P
Essential
services Type
III*2
C S C S C S C S C S C S C S C S
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Short Term
Rental (Type 1)*
P P P P P P P —
Short Term
Rental (Type 2)*
— — P P P P P —
Short Term
Rental (Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses C S C S — — — — — —
Offices* — — — — S3 S3 P —
Public and
private parks
P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C S C S 3 P —
Recreational
vehicle parks
(38.360.210)*
C S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
3. Only when in conjunction with dwellings.
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4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on
street corner sites within a mixed-use building featuring residential units next to and/or
above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A
Permitted general sales 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 S 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 PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
General sales
Automobile
fuel sales or
repair
(38.360.080)
*
S S S S S S P — P P —
Convenience
uses
— P P C
P
C P P P — — — —
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(38.360.110)
*
Heavy retail
establishmen
t (Retail,
large scale -
38.360.160)*
— P P C
S
P C S P — P P —
Restaurants* P3 P P P P P P
1,500 sf
— P3 P3 —
Retail*
• 0-5,000sf
GFA
P4 P4 P4 P4 P4 P4,5 A6 /C S 7 A6 A6
/C
S 7
A6
/C
S 7
—
• 5,001-
24,999sf
GFA
— P4 P4 P4 P4 P4,5 A6 /C S 7 A6 A6
/C
S 7
A6
/C
S 7
—
• 25,000sf-
39,999sf
GFA
— P4 P4 P4 P4 — A6 /C S 7 A6 A6
/C
S7
A6
/C
S7
—
• Over
40,000sf
GFA (Retail,
large scale -
38.360.160)*
— P4 P4 — S4 — — — — — —
Sales of
alcohol for
on-premises
consumption
(38.360.060)
S8 S8 S8 S8 S8,9 S8,9 S8 — C
S
8,
10
C
S
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).
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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 require a special use permit. 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
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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 S 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 PL
I
B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
BP M-
1
M-
2
Personal and general service
Animal
shelters
— — — — — — C S — S S —
Automobile
washing
establishment
*
— P P C
P
C S C S P — P P —
Daycare—
Family,
group, or
center*
P P P P3 P P PS /A4 PS/
A4
C
S
/A
4
C
S
/A
4
C
P
General
service
establishment
*
P P P P P P P C P P C
S
—
Health and
exercise
establishment
s*
P
S
P P P P P P C S/
A4
P P —
Heavy
service
establishment
*
— P P C
S
P C S P — P P —
Medical and
dental
P P P P3 P P P P P P —
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offices,
clinics and
centers*
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling
services
— — — — — — C S — C
S
P —
Temporary lodging
Bed and
breakfast*
— — — — — P C S — — — —
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. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
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one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. 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 PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
General residential
Accessory
dwelling unit
(38.360.040)
— — — — — P P — — — —
Apartments*3 P4 P4 P5 P5 P P A6 — A6 A6 —
Apartment
buildings*3
— C
S
P P5 P P — — — — —
Cottage
housing*
(38.360.120)
— — — — — P — — — — —
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Single
household
dwelling
(38.360.220)
— — — — — P P — — — —
Three
household
dwelling or
four-
household
dwelling
(38.360.220)
— — — — — P — — — — —
Townhouses
*3 &
rowhouses*
(38.360.250)
— C
S
7
P7 P7 — P8 P — — — —
Two-
household
dwelling
(38.360.220)
— — — — — P P — — — —
Live-work
units*
P P P P P P P — — — —
Ground floor
residential
C
S
P5 P5 — — — — — — —
Group residences
Community
residential
facilities with
eight or
fewer
residents*
P4 P4
, 5
P4,
5
P4
, 5
P4, 5 P P — — — —
Community
residential
facilities
serving nine
or more
residents*
- C
S
C
S
— P P — — — — —
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Cooperative
household*
— — — — — P C S — — — —
Group living
(38.360.135)
*
P4 P4 P5 P4 — P P — — — —
Lodging
houses*
— C
S
C
S 5
C
S
3
P P — — — — —
Transitional
and
emergency
housing and
related
services
(38.360.140)
*
— 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.
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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 PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHM
U2
B
P
M
-1
M
-2
Industrial and Wholesale
Junk salvage or
automobile
reduction/salva
ge yards
— — — — — — — — — C
S
—
Manufacturing,
artisan*
P P P P3 P P P P P P —
Manufacturing
(light)*
— S S C
S3
P4 P5 P P4 P4 P —
Manufacturing
(moderate)*
— C
S
C
S
— — — P P P P —
Manufacturing
(heavy)*
— — — — — — — — C
S
P —
Outside storage — — — — — — P A P P —
Refuse and
recycling
containers
A A A A A A A A A A —
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Warehousing* — — — — — — P — P P —
Warehousing,
residential
storage (mini
warehousing)
(38.360.190)*
— — — — — — 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. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Completely enclosed within a building.
5. 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 S in the box, it means that
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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 PL
I
B-
11
B-
2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHM
U2
B
P
M
-1
M
-2
Public, educational, government and regional
Business,
trade,
technical or
vocational
school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential
services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C
S 4
P P C
S
3,
4
C S C S 4 P
C
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturi
ng and
generation
facilities
(electric and
gas)
— — — — — — — — — S —
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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
S
P
Solid waste
landfill
— — — — — — — — — — C
S
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
S
—
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Arts and
entertainmen
t center*
P P P P P P
12,000 sf
— — — — —
Casinos — — — — — — — — C
S
C
S
—
Community
centers
(38.360.090)
*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)
*
A A A A A A A A A A —
Other
buildings
and
structures
(typically
accessory to
permitted
uses)
A A A A A A A A A A A
Temporary
buildings
and yards
incidental to
ongoing
construction
work
— — — — — — A A A A —
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).
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3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district.
Mixed uses required and limited:
A. Development must include a mix of uses.
B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A
combination of at least two different groups of uses must be provided within each site plan.
C. No use group must exceed 70 percent of the total gross building floor area in the entire site
development. Multiple buildings may be shown on a single site plan as allowed in division
38.230 of this chapter. For the purposes of calculating the percentage of a use within the site
development the gross square foot floor area of building for each use must be utilized.
Single use buildings are allowed provided the entire site meets the required use mix
standard.
D. At least 70 percent of the ground level block frontages (see division 38.510) must be
occupied by non-residential uses. To meet this requirement, the depth of non-residential
floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper
floors may qualify as a non-residential use for the purpose of this standard provided such
lobby occupies no more than 50 feet of the block frontage. Structured parking is classified
as a non-residential use. Structured parking at the ground level must include liner buildings
of usable proportions along at least 40 percent of the building façades facing a street or
greenway.
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
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2. Developments are encouraged to include non-residential uses, especially commercial
and neighborhood support services, mixed horizontally and/or vertically, to promote
compact, walkable and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square
footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD,
or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited
by the provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not
be limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located
on sites five acres or larger. Development review applications for sites in the REMU
district greater than, or equal to, five acres will first be subject to review as a master
site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter,
as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved
master site plan or PUD may be reviewed as a site plan review or sketch plan review in
accordance with division 38.230 of this chapter.
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article and may be subject to review as a
master site plan per division 38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersection deemed to have special
significance;
c. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for
completion.
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SECTION 22
Section 38.340.040. Certificate of appropriateness of the Bozeman Municipal Code be amended
as follows:
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this
chapter. Compliance with the terms of the final decision is required. The Montana Historical
and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows:
1. No building, demolition, conditional use, sign or moving permit may be issued within
the conservation district until a certificate of appropriateness has been issued by the
appropriate review authority, and until final action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does
not require a certificate of appropriateness if the project satisfies the following
standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-iron, or any other non-synthetic material and
whose construction allows "transparency" as set forth in Chapter 3, Section F
of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the
front or corner-side setback elevation of the structure, and which do not
establish or provide egress from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or
asphalt shingle material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the
conservation district are set forth in division 38.230, Plan Review, and division 38.220,
Applications and Noticing, of this chapter. If demolition or movement of structures or
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sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply.
3. The architectural designs of individual affordable housing units used to satisfy the
requirements of section 38.380.030 and are exempt from the review requirements of this
part 1. This exemption does not extend to removal or alterations of existing structures.
SECTION 23
Paragraph 38.350.030.A of the Bozeman Municipal Code be amended as follows:
A. Only uses specifically identified by this chapter are to be built. No building, or structure or
part thereof may be erected, altered or enlarged for a use, nor must any existing building,
structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional or special use in such zone must first receive final
approval of a permit for the use. Existing nonconforming uses and structures must comply
with division 38.270 of this chapter.
SECTION 24
Section 38.360.010. Purpose of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.010. Purpose.
The purpose of this section is to further describe the standards and conditions under which
certain uses may be permitted as principal, or special, or conditional uses in specific districts.
SECTION 25
Section 38.360.060, Alcohol sales for on-premises consumption be amended as follows:
Sec. 38.360.060. Alcohol sales for on-premises consumption.
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto
retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or
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2. Restaurants located within the B-2M and B-3 zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued beer license with wine amendment
as long as such restaurant complies with the following requirements and provides the
city an annual certification with its business license application of such compliance:
a. All alcohol is sold for on premises consumption only;
b. The restaurant must have individually priced meals prepared and served for on-site dining;
c. Must have a dining room, kitchen and necessary employees for preparing food on
the premises;
d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m.
and 11:00 p.m.;
e. Gambling or gaming is prohibited;
f. Alcohol must be stored on premises; and
g. Must prevent self-service of alcohol.
C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
1. 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
2. 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.
SECTION 26
Paragraph 38.360.230.E of the Bozeman Municipal Code be amended as follows:
E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures must be shown on drawings
submitted with the conditional special use permit application.
SECTION 27
Section 38.370.020. Special submittal requirements of the Bozeman Municipal Code be amended
as follows:
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Sec. 38.370.020. Special submittal requirements.
In addition to the materials required by division 38.220 of this chapter for site plans, conditional
or special use permits, and planned unit developments, the materials required by section
38.220.170 must be submitted.
SECTION 28
Section 38.370.030. Uses within districts and required review procedures of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how
the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the
applicable zoning district and scope of the proposed facility. All applications are subject to
the review processes, submittal requirements and other requirements of articles 38.230 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C S P/ C S 1 A P
B-3 C S P/ C S 1 A P
B-2 C S P/ C S 1 A P
B-2M C S P/ C S 1 A P
B-1 C S P/ C S 1 A P
UMU C S P/ C S 1 A P
REMU S9 P/ C S 1 A C P
NEHMU P P A P
R-O S9 C S1 P C P
R-5 S9 C S1 P C P
R-4 S9 C S1 P C P
R-3 S9 C S1 P C P
R-2 S9 C S1 P -
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R-1 S9 C S1 P -
R-S S9 C S1 P C P
C. Special review requirements by type. Note:
1. Conditional Special use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a
sketch plan in all zones.
3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather
than offered to additional parties;
b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be
reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant complete a concept review per 38.230 must request in writing a pre-
application conference with the community development department. The purpose of
the concept review pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's concept review submittal written request for a preapplication
conference must include the following information with regard to the proposed
facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be
collocated;
d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse
the city for the actual costs incurred prior to issuance of a building permit.
8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area.
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SECTION 29
Paragraph 38.370.040.C of the Bozeman Municipal Code be amended as follows:
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning in MCA 76-
2-402 does not apply to private entities utilizing publicly owned lands.
3. Any antennas or antenna support structures not utilized for the provision of wireless services for a continuous period of six months will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city may remove the facility at the facility or
landowner's expense. Where multiple users share a facility, the non-operational
antennas and associated ground-mounted equipment may be removed, but any common equipment may be retained until all users have terminated the utilization of the site.
4. Any emergency power supply or other equipment installed at the facility must comply
with section 38.520.070.
5. No facilities which require employees to be present on a routine basis may be established in residential areas, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed.
6. Failure to comply with the terms of this chapter is grounds for facilities to be removed
by action of the city at the facility or landowner's expense.
7. Any modifications to existing wireless sites shall only occur in compliance with the review procedures required in section 38.370.030.
8. Denial of an application must be made only after the review body has determined that
specific criteria of this chapter cannot be met. Said determination must be made in
writing and must include the reasons for the denial and the evidence which supports
those reasons. Public opposition alone is not sufficient to deny the application.
SECTION 30
Paragraph 38.540.020.F of the Bozeman Municipal Code be amended as follows:
F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for permanent parking space and drive aisles must control dust and drainage. All
proposed parking areas and driveway improvements must require a grading and drainage
plan approved by the review authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing method such as pervious pavement
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may be used, subject to review and approval by the review authority. Surfacing methods which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving is not required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or
road; and
c. The applicant must enter into an improvements agreement with the city agreeing that the lot must be paved within nine months of the time an adjacent roadway is paved.
SECTION 31
Paragraph 38.560.060.B of the Bozeman Municipal Code be amended as follows:
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of
more than four residential lots and for residential complexes with more than four
dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line.
2. Residential building signs. For properties used for multi-household residential, one
wall sign per street frontage may be permitted. No sign may exceed eight square feet in area.
3. Signs appurtenant to residential principal, special and conditional uses, and home occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one-half square feet of freestanding signage located a minimum of five feet from the
property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line.
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c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special use residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the hours of operation.
4. Legacy planned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone.
SECTION 32
Section 38.570.110. Nonconforming lighting of the Bozeman Municipal Code be amended as
follows:
Sec. 38.570.110. Nonconforming lighting.
Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications.
SECTION 33
Section 38.700.040 C definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Conditional use. A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district.
Conditional use permit. Legal authorization to construct, develop or operate a conditional use as defined by this chapter.
SECTION 34
Section 38.700.150 P definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Permitted use. A use which is lawfully established in a particular zoning district and which
conforms to all requirements, regulations and performance standards of such district. A
permitted use may be a principal use, an accessory use or a conditional special use.
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SECTION 35
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 36
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
SECTION 37
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
SECTION 38
Codification.
The provisions of Section 2-34 shall be codified as appropriate in the Bozeman Municipal
Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes
in this ordinance.
SECTION 39
Effective Date.
This ordinance shall be in full force and effect on _______________, 2022. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of October, 2022.
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____________________________________
Cynthia L. Andrus
Mayor ATTEST:
_________________________________ Mike Maas City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 18th day of October, 2022.
____________________________________ Cynthia L. Andrus Mayor
ATTEST: _______________________________
Mike Maas City Clerk APPROVED AS TO FORM:
____________________________________ Greg Sullivan
City Attorney
138
Exhibit A
This exhibit provides a summarized set of the use tables showing only those uses where review
process changed. Those highlighted in Yellow changed to Special permit review. Those
highlighted in Purple changed to Principal.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Non-residential uses
Agricultural
uses* on less
than 2.5 acres
(38.360.270)
C S — — — — — — —
Bed and
breakfast*
C S C S C S C S P P P —
Commercial
stable
(38.360.230)
C S — — — — — — —
Community
centers*
C S C S C S C S C S C S P C S
Essential
services Type
III*2
C S C S C S C S C S C S C S C S
Golf courses C S C S — — — — — —
139
Medical offices,
clinics, and
centers*
— — — — C S C S 3 P —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on
street corner sites within a mixed-use building featuring residential units next to and/or
above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A
Permitted general sales 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 S in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
140
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M-
2
General sales
Convenience
uses
(38.360.110)
*
— P P C
P
C P P P — — — —
Heavy retail
establishmen
t (Retail,
large scale -
38.360.160)*
— P P C
S
P C S P — P P —
Retail*
• 0-5,000sf
GFA
P4 P4 P4 P4 P4 P4,5 A6 /C S 7 A6 A6
/C
S 7
A6
/C
S 7
—
• 5,001-
24,999sf
GFA
— P4 P4 P4 P4 P4,5 A6/ C S 7 A6 A6
/C
S 7
A6
/ C
S 7
—
• 25,000sf-
39,999sf
GFA
— P4 P4 P4 P4 — A6 /C S 7 A6 A6
/C
S7
A6
/ C
S7
—
Sales of
alcohol for
on-premises
consumption
(38.360.060)
S8 S8 S8 S8 S8,9 S8,9 S8 — C
S
8,
10
C
S
8,
10
—
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
141
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 require a special use permit. 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.
142
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 S 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 PL
I
B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
BP M-
1
M-
2
Personal and general service
Animal
shelters
— — — — — — C S — S S —
Automobile
washing
establishment
*
— P P C
P
C S C S P — P P —
Daycare—
Family,
group, or
center*
P P P P3 P P PS /A4 PS/
A4
C
S
/A
4
C
S
/A
4
C
P
General
service
establishment
*
P P P P P P P C P P C
S
—
Health and
exercise
establishment
s*
P
S
P P P P P P C S/
A4
P P —
Heavy
service
— P P C
S
P C S P — P P —
143
establishment
*
Truck repair,
washing, and
fueling
services
— — — — — — C S — C
S
P —
Temporary lodging
Bed and
breakfast*
— — — — — P C 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
(see table 38.310.030 for those not listed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. 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
144
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 PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
General residential
Apartment
buildings*3
— C
S
P P5 P P — — — — —
Townhouses*
3 &
rowhouses*
(38.360.250)
— C
S
7
P7 P7 — P8 P — — — —
Ground floor
residential
C
S
P5 P5 — — — — — — —
Group residences
Community
residential
facilities
serving nine
or more
residents*
- C
S
C
S
— P P — — — — —
Cooperative
household*
— — — — — P C S — — — —
Lodging
houses*
— C
S
C
S 5
C
S
3
P P — — — — —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
145
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 PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHM
U2
B
P
M
-1
M
-2
Industrial and Wholesale
Junk salvage or
automobile
— — — — — — — — — C
S
—
146
reduction/salva
ge yards
Manufacturing
(light)*
— S S C
S3
P4 P5 P P4 P4 P —
Manufacturing
(moderate)*
— C
S
C
S
— — — P P P P —
Manufacturing
(heavy)*
— — — — — — — — C
S
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. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Completely enclosed within a building.
5. 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
147
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 S 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 PL
I
B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
Public, educational, government and regional
Essential
services
(38.360.130
)
• Type III C
S
4
P P C
S
3,
4
C S C S 4 P
C
P P P P
Solid waste
transfer
station
— — — — — — — — — C
S
P
Solid waste
landfill
— — — — — — — — — — C
S
Recreational, cultural and entertainment
Amusement
and
recreational
facilities
— P P — P — P — P C
S
—
Casinos — — — — — — — — C
S
C
S
—
Notes:
148
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Sec. 38.370.030. - Uses within districts and required review procedures. (Telecommunications)
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
B-P C S P/ C S 1 A P
B-3 C S P/ C S 1 A P
B-2 C S P/ C S 1 A P
B-2M C S P/ C S 1 A P
B-1 C S P/ C S 1 A P
UMU C S P/ C S 1 A P
REMU S9 P/ C S 1 A C P
R-O S9 C S1 P C P
R-5 S9 C S1 P C P
R-4 S9 C S1 P C P
R-3 S9 C S1 P C P
R-2 S9 C S1 P -
R-1 S9 C S1 P -
R-S S9 C S1 P C P
149
Page 1 of 13
22258 Staff Report for the Conditional Use Permits Repeal Text Amendment,
Ordinance 2124
Public Hearings:
Community Development – September 19, 2022.
City Commission – October 4, 2022.
Project Description: Repeal Section 38.230.110, Conditional Use Permit and associated
edits to 30 related sections of the municipal code. See Appendix A for the detailed
description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22258 and move to
recommend approval of Ordinance 2124.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 22258, and move to provisionally adopt
Ordinance 2124.
Report: September 20, 2022
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Unresolved Issues
None
Project Summary
The City periodically reviews its regulations to identify processes and standards which are no
longer necessary or a good fit for community needs. The City Commission directed
preparation of these amendments at their March 1, 2022 work session on the Clarion code
audit which recommended increasing use of administrative development reviews.
150
Staff Report for the CUP Repeal Text Amendment 22258 Page 2 of 13
The conditional use process has been in place for decades. Conditional uses applications are
infrequent and routinely approved with few if any special conditions. This indicates that the
additional review effort is redundant to the adopted City standards generally applicable to
development. Removing the CUP process will simplify review of applications while
continuing to require compliance with adopted standards necessary to protect the public. See
Appendix A of this staff report and the full text of the Ordinance for more details.
Elements of the proposed amendments include:
1. Repeal Section 38.230.110, Conditional Use Permit, in its entirety. This removes a review process for development that required a public hearing before approval.
2. Amend Section 38.230.120, Special Use Permit, to move review criteria and procedures to the section that were previously incorporated by reference to conditional use permit wording. The Special Use process provides opportunity for public comment and for the City to establish conditions unique to an individual project to address areas of concern identified during the review process.
3. Amend Division 38.310 Permitted Uses, to change in all zoning districts conditional uses to special uses or principal use. This is necessitated by the deletion of the conditional use process. No new uses are added and no existing uses are being deleted by these amendments.
4. Reflect throughout all of Chapter 38, Unified Development Code, the removal of the
conditional use process and the change to special use or principal use processes to review permitted uses.
Strategic Plan Implementation
4.2 High Quality Urban Approach - Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and
walkable neighborhoods.
4.5 Housing and Transportation Choices - Vigorously encourage, through a wide
variety of actions, the development of sustainable and lasting housing options for
underserved individuals and families and improve mobility options that accommodate all
travel modes.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
151
Staff Report for the CUP Repeal Text Amendment 22258 Page 3 of 13
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No comment received to date.
Community Development Board
The Community Development Board (CDB) met on September 19, 2022 to consider the
proposed amendments. The video recording of the meeting is available through the City’s
website. Discussion of the amendment begins at 11:50 in the recording. Questions to staff
begin at about 20:55 and board discussion at 50:30. No public comment was received. The
Board voted 6-0 to recommend approval of the ordinance as written.
Alternatives
1. Ordinance not be approved based on findings of non-compliance with the applicable
criteria contained within the staff report;
2. Direct amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan Implementation ............................................................................................ 2
Public Comment.................................................................................................................. 2
Community Development Board ........................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
Spot Zoning Criteria ........................................................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 10
152
Staff Report for the CUP Repeal Text Amendment 22258 Page 4 of 13
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 12
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission will hold a
public hearing on these amendments on September 19, 2022, at 6 pm.
The City Commission will hold a public hearing on the text amendment on October 4, 2022 at
6:00 p.m. and decide whether the amendments should occur or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
153
Staff Report for the CUP Repeal Text Amendment 22258 Page 5 of 13
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. A growth policy provides a high level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in
accordance with the growth policy per 76-2-304(1) (a), MCA. The proposed amendments are
to the zoning text and therefore must conform to the growth policy. Bozeman adopted a new
growth policy in November 2020.
The Bozeman Community Plan 2020 (BCP2020) establishes the City’s policies for land
development. It continues concepts and community priorities that were established in several
prior growth policies. Prior growth policies encouraged creation of development standards
that supported predictable review processes and addressed areas of community concerns.
The BCP2020 includes the following relevant goals and objectives:
DCD-1.2 Remove regulatory barriers to infill.
Goal DCD-4: Implement a regulatory environment that supports the Community Plan
goals.
DCD-4.3 Complete the transition to a form-based code and simplification so that it can
be understood by the general public and consistently applied by planning staff.
The conditional use process, compared with an administrative review such as a site plan,
stresses the use of the property. Both types of reviews must meet applicable site and building
design standards. The CUP goes beyond the physical layout and features of the site and
considers directly the use of property and whether it has features that are inconsistent with a
particular site. Many detailed elements of what a CUP traditionally were used to consider are
now addressed by building codes and the site and building standards that have been
developed over time. The core criteria and processes of the CUP have not substantially
changed in over 30 years.
A conditional use permit requires a public hearing which is a distinguishing feature of the
review process. Scheduling of public hearings before the City Commission can add delay to
project review to the heavy demand for time on agendas compared with administrative
reviews.
Over time the scope of uses subjected to a CUP has steadily decreased. No harm from using
other review processes in place of a CUP has been identified. Objective DCD-4.3 supports
transitions to a more form based code (FBC). An FBC does not ignore uses but places a
much greater proportion of emphasis on the building and site design. The CUP process
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Staff Report for the CUP Repeal Text Amendment 22258 Page 6 of 13
places a strong emphasis on use. Therefore, Objective DCD-4.3 supports lessening or
removal of the CUP process.
The City created a Special Use Process (SUP) several years ago which considers similar use
issues but does not require a public hearing. Public notice and comment opportunity are
provided but a public hearing is not required. The SUP process provides for consideration of
use details when circumstances warrant. The CUP process is therefore redundant to review
needs. The draft amendments also move the required review from CUP or SUP to principal
uses where long experience has shown no material benefit to the extra review criteria and
steps. This removes regulatory barriers to development, including infill, as called for in
Objective DCD-1.2.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change zoning district boundaries. Therefore, no analysis of
correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Criterion is met. Building code standards for fire resistance, exiting, and other protection
remain in place and will continue to protect the public. The requirements to avoid floodplains
and similar physical hazards remain in place. Therefore, access by emergency services,
suitable water and sewer services, and other safety features remain. Review of individual
applications through site plan, subdivision, or other reviews will provide an opportunity to
check for function. General language to impose conditions where needed and justified
remains in the unamended portions of Division 38.100.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. See also responses
to Criteria B and D. The amended review processes are not counter to this criterion.
Standards remain for setbacks, light and air, emergency services, and other issues to protect
public health and physical safety.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion is met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program (CIP). The CIP identifies individual projects, project
construction scheduling, and financing of construction. Site plan, SUP, and subdivision
reviews require demonstration of adequate services to meet this criterion.
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Staff Report for the CUP Repeal Text Amendment 22258 Page 7 of 13
Considering the code as a whole, the standards requiring provision of the infrastructure listed
in this criterion are not being changed with these amendments.
E. Reasonable provision of adequate light and air.
Criterion met. The proposed amendments are amending review processes. No changes to
base standards for setbacks, maximum building height, or similar are included. Considering
the code as a whole, the standards listed in this criterion are not being changed with these
amendments and therefore the standard continues to be met.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. The proposed amendments are amending review processes. No changes to
base standards for dedication of right of way, provision of and construction of streets, and
related standards are included. The CUP process includes a criterion for dedication of right of
way. Other standards and processes also provide for acquisition of right of way and
construction of transportation systems. Considering the code as a whole, the standards listed
in this criterion are not being changed with these amendments and therefore the standard
continues to be met.
G. Promotion of compatible urban growth.
Criterion is met. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
There is no one pattern or method in which to build a community. Many different
configurations of uses and buildings can coexist well. The City has adopted many standards
to identify and avoid or mitigate demonstrable negative impacts of development. The City
retains the ability to establish conditions of approval to mitigate negative impacts identified
during the site plan, SUP, and subdivision processes.
Therefore, considering the code as a whole staff concludes the criterion is met.
H. Character of the district.
Criterion is met. Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose
of promoting health, safety, morals, or the general welfare of the community, the city or town
council or other legislative body of cities and incorporated towns is hereby empowered to
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regulate and restrict the height, number of stories, and size of buildings and other structures;
the percentage of lot that may be occupied; the size of yards, courts, and other open spaces;
the density of population; and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes.”
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.
The City has adopted form and intensity standards in Division 38.320 as part of the
implementation of the zoning enabling language cited above. The City has adopted building
and site design standards in Divisions 38.510 and 38.530 also as part of the implementation of
the zoning enabling language cited above. These are applied to all development according to
the district in which the development is located. Uses for districts are established in Division
38. 310. The proposed process amendments do not add or remove permitted uses in districts.
Character of a district is made up of many different elements; including but not limited to uses,
size of lots, and building features. There is no one pattern or method in which to build a
community. The City has adopted a range of zoning districts to address different needs. The
zoning districts are amended from time to time as needs of the City and its residents change.
Many different configurations of uses and buildings can coexist well and the City does not
restrict specific architectural styles. The City’s growth policy and allowed land uses per zoning
district encourage mixed uses. This proposal amends the text only and not the zoning map. The
proposal does not add or delete zoning districts.
The combination of uses and other characteristics remain intact and were previously found to
be consistent with this criterion. Therefore, this criterion remains met.
I. Peculiar suitability for particular uses.
Criterion met. The proposed amendments change review processes, not districts or uses. The
City has adopted a range of zoning districts to address different needs. The zoning districts are
amended from time to time as needs of the City and its residents change. Many different
configurations of uses and buildings can coexist well. The City’s growth policy and allowed
land uses per zoning district encourage mixed uses. This proposal amends the text only and
not the zoning map. The proposal does not add or delete zoning districts.
The combination of uses and other characteristics remain intact and were previously found to
be consistent with this criterion. Therefore, this criterion remains met.
J. Conserving the value of buildings.
Criterion met. The proposed amendments change the review process for non-conforming
structures. The new process is less demanding. This facilitates upkeep, ongoing use, and reuse
of existing buildings. Therefore, the criterion is met.
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K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion is met. The zoning map and future land use map of the growth policy identify areas
where specific uses are generally appropriate. However, both occur at a coarse level of detail
and do not authorize construction. The proposed amendments do not alter the allowed uses in
zones, but does change review processes. Site specific review for compliance with standards
prior for construction will continue to be required. This amendment is consistent with the
growth policy including the future land use map, see Criterion A. Therefore, the criterion is
met.
Spot Zoning Criteria
Amendments to the zoning map may, in certain factual circumstances, constitute
impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any
way at this time. Spot zoning is therefore not a review criteria.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not
To Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
issues are discussed and the section concludes that construction within the City is a better
outcome.
Affordable housing is a long standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
needs for housing and the challenges in providing housing at costs affordable to residents.
The state legislature has limited the tools the City has to support affordable housing
construction. The City is required to use incentives to encourage construction rather than
mandating the construction of affordable housing. The proposed ordinance places an
increased emphasis on affordable housing as a public benefit in exchange for the flexibility
allowed through the updated Division 38.380.
The City has many ongoing efforts to support creation of housing overall including:
o supporting and completing infrastructure construction,
o primarily of-right development review except where required by state law,
o use of tax increment financing in support of housing,
o general fund support for affordable housing projects, and
o many others.
The City consistently reviews and updates its regulations to keep them relevant and effective.
Over the past 20 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
• reduced standards such as land area per home by up to 60%,
• reduced setbacks from property lines by as much as 58%,
• removed requirements for minimum home sizes,
• increased maximum allowed heights,
• authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
• simplified landscaping standards and encouraged lower water use plantings,
• approved dozens of zone map amendments to allow more intensive uses, and
• simplified review processes.
Despite this work, the cost of housing has continued to escalate, especially compared to
wages.
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The gap between cost of construction and wages is not limited to Bozeman city limits. The
One Valley Foundation prepared a housing study in 2021 looking at the entire county and
affordable housing issues. Across all housing types and locations they found consistent gaps
in available wages and cost of construction. The following image is from that report.
There are no regulations that have such impact that their removal could be even close to
offsetting such large increases in home prices and capital gaps between wages and cost of
construction. The City can, and is, examining what it does control to identify such
incremental improvements as may help. To do so, the City retained Clarion and sub
consultants to review the City’s land use regulations. Clarion provided a report with
recommendations of possible changes. The City Commission considered that report on
March 1st and directed staff to begin drafting amendments to regulations.
Ordinances 2111, 2104, and 2105 made amendments to create new flexibility in application
of standards, support affordable housing through incentives, and update the planned
development process. The Commission also directed staff to undertake other amendments
including the removal of the Conditional Use Permit process to support a greater use of
administrative review of development projects as recommended by Clarion.
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There have not been many CUP applications processed in the last few years. Out of a total
application count of 1,797 CUPs have been:
2022 to date – 2
2021 – 1
2020 – 0
2019 – 2
The proposed ordinance does not add or remove uses to the existing use tables in 38.310, nor
does it modify development standards. The ordinance only changes the process of how
existing uses are reviewed for code compliance. The additional step of a public hearing
typically adds 4-6 weeks to the total review process and can be much more depending on the
demand for time on the City Commission agenda. The public hearing element of a CUP adds
a minimum of 10 hours of combined time required just for City staff and elected officials for
even a simple CUP.
The review process used in place of a conditional use permit will continue to provide for
public notice through multiple means. There will still be opportunity for interested persons to
offer input on review of an application.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 8/28/2022, 9/4/2022, and 9/18/2022 and
contained all required elements. The notice and text was also provided through the City’s
Community Development web viewer. Notice was provided at least 15 days before the public
hearing before the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
No written public comment has been received so far on this Ordinance. Comments are
available through the Laserfiche archive. If comments are received they will be placed in the
project folder in Laserfiche.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2124
162
Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Public Street and Utility Easement with
Montana State University, for the Bozeman Gateway Phase 5 Final Plat
(20094)
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement with
Montana State University, for the Bozeman Gateway Phase 5 Final Plat
(20094).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Street and Utility Easement
Report compiled on: October 12, 2022
163
164
165
166
167
Memorandum
REPORT TO:City Commission
FROM:Kevin Handelin, Solid Waste Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Solid Waste Rate Study and Compost Feasibility Study Work Session
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Provide Input on Solid Waste Rate Study and Compost Feasibility Study Work
Session.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In October 2021, the City of Bozeman entered into a professional services
agreement with consultant Burns & McDonnell, for Solid Waste Recycling
and Compost evaluation and rate model update. The purpose was to
determine the cost of providing the four services offered by the Solid Waste
Division [automated (i.e., residential), dumpster, roll-off, compost and
curbside recycling], equitably distribute the cost among customers, and
design rates to safeguard the financial integrity of the Division. A copy of the
executive summary, which was completed in October 2022, is attached to
this memorandum.
This study will update the current rate model for FY23 and beyond and to
update work already performed, which was impacted by the pandemic, to
address the direction given by the Commission on November 18, 2019
regarding recycling and composting programs.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by commission.
FISCAL EFFECTS:There are no immediate fiscal effects of presenting the study update. In the
future, the Commission may choose to change Solid Waste Rates by
adoption of a rate resolution after a public hearing.
Attachments:
Cost of Service Update - Executive Report
Report compiled on: August 12, 2022
168
Executive Report
City of Bozeman, Montana
Cost of Service and Organics Feasibility Study Update
Final Report
10/10/2022
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EXECUTIVE REPORT
Introduction
The City of Bozeman, MT (City) retained Burns & McDonnell Engineering Co. (Burns & McDonnell) to
conduct a Cost of Service and Organics Feasibility Study Update (Update) for the Solid Waste Division
that is part of the Public Works Department. The Update provides key updates on two recent studies that
Burns & McDonnell completed for the City, described below:
• Cost of Service and Rate Design Study (Cost of Service Study). In 2019, Burns & McDonnell
developed a financial model to calculate the City’s cost of providing service to its solid waste and
recycling customers. Using this model, Burns & McDonnell developed a proposed rate schedule
that was adopted by the City.
• City-Wide Recycling and Pilot Organics Collection Feasibility Study (Feasibility Study). In
2021, Burns & McDonnell determined the additional collection vehicles and staff that would be
required for the City to provide City-wide residential recycling collection (currently subscription-
based) and an automated pilot organics collection program that accepts food waste material. As a
part of the Feasibility Study, Burns & McDonnell calculated the per ton cost and carbon
mitigation impact of both potential programs and benchmarked the implementation of organics
collection pilots by peer communities. Based on discussions with City staff, the Update does not
evaluate the financial impact of changes to the City’s recycling program.
The City has recently seen high levels of customer growth, and like many municipal solid waste and
recycling service providers, has experienced lasting operational and economic impacts since 2020,
including delays in ordering collection vehicles. For the Update, Burns & McDonnell worked closely
with City staff to update the Cost of Service Study’s financial and operational assumptions and develop a
financial plan for the City from FY 2023 – FY 2027 (five-year forecast).
This Executive Report provides an overview of the automated pilot organics collection program and cost
of service assumptions, presents the City’s net revenue under current rates based on these assumptions,
describes Burns & McDonnell’s approach to developing proposed rates, and presents the City’s
corresponding net revenue based on these proposed rates.
As a part of the Update, the City will receive a Microsoft Excel model developed by Burns & McDonnell
that will allow City staff to update assumptions for use as a tool in future financial planning decisions.
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Automated Pilot Organics Collection Program Assumptions
Using new routing data provided by the City, Burns & McDonnell adjusted the proprietary time-and-
motion model developed for the 2021 Feasibility Study. The automated pilot organics collection program
is planned to begin in FY 2024 (July 2023). The program will require the City to hire two additional staff
members for assistance with composting operations and collections, starting in FY 2024 and FY 2025,
respectively. A quarter of residential customers are projected to participate in the program beginning in
FY 2024, and half are projected to participate beginning in FY 2025.
Cost of Service Assumptions
Burns & McDonnell included the following assumptions in the Update:
• Test Year. Burns & McDonnell worked with City staff to develop an adjusted City budget that
would represent a typical year in the five-year forecast, referred to as the Test Year. The FY
2023 Proposed Budget was selected to be the basis for the Test Year. In developing the Test
Year, adjustments were made to the FY 2023 Proposed Budget based on discussions with City
staff.
• Inflation. Like many industries, solid waste and recycling service providers have experienced
higher inflation in recent years. The annual inflation rates included for the Update are included in
Table 1. Should the recent, historically high inflation levels continue to persist, there would be a
need for the City to update the financial analysis in the future.
Table 1: Forecasted Inflation Factors
Factor Annual Inflation Rate General 3.0%
Salaries and Benefits 2.5% Equipment Maintenance 5.0% Equipment Fuel 5.0%
• Customer Projections and Growth. The City has recently experienced high levels of customer
growth, and correspondingly high revenue growth. Burns & McDonnell used FY 2022 billing
units as the basis for billing unit projections, with an adjustment made in FY 2023 corresponding
to higher FY 2022 actual revenues. The customer growth from FY 2024 – FY 2027 is provided
in Table 2.
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Table 2: Customer Growth Rates
Customer
FY 2023
(Adjustment) FY 2024 FY 2025 FY 2026 FY 2027
Residential 5.0% 3.0% 2.0% 2.0% 2.0%
Temporary Dumpster 5.0% 3.0% 2.0% 2.0% 2.0%
Recycling (Subscribers) 10.0% 2.0% 2.0% 2.0% 2.0%
Commercial Dumpster 0.0% 1.0% 1.0% 1.0% 1.0%
Commercial OCC 0.0% 1.0% 1.0% 1.0% 1.0%
Commercial Roll-Off 15.0% 2.0% 2.0% 2.0% 2.0%
• Capital Improvement Plan (CIP). Burns & McDonnell modified the City’s CIP to include two
additional sideload collection vehicles and composting carts for implementation of the pilot
organics collection program. All vehicle purchases were assumed to be purchased by issuing
debt with a term equal to the vehicle’s useful life. The interest rate used for debt purchases is 5.0
percent.
Cost of Service Results
Using the Test Year as the basis for the five-year forecast and applying relevant inflation factors to each
budget item, Burns & McDonnell developed a five-year revenue requirement, which represents the total
amount the City must recover by rates in order to cover its costs. Non-rate revenue, such as interest
income, were considered revenue offsets, and were subtracted from the revenue requirement. The City’s
annual revenue requirement is provided in Table 3, categorized by administration, operations, and capital
cash and debt service costs.
Table 3: Annual Revenue Requirement
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Administration1 $542,065 $628,129 $573,934 $590,199 $606,564
Transfers2 $919,653 $947,243 $975,660 $1,004,930 $1,035,078
Operations3 $4,239,334 $4,492,884 $4,731,577 $4,881,204 $5,032,053
Capital (Cash)4 $297,867 $297,867 $0 $0 $0
Capital (Debt Service)5 $38,851 $96,259 $153,666 $218,682 $332,965
Revenue Requirement6, 7
$6,037,771 $6,462,382 $6,434,838 $6,695,015 $7,006,659
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FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
1. Administration includes costs that are not directly associated with providing services, and includes miscellaneous supplies, contract administration, studies, and planning.
2. The City contributes to General Fund administrative overhead.
3. Operations includes the costs for the City to provide services to customers (e.g., vehicle maintenance).
4. The City will fund non-vehicle CIP purchases with cash, such as carts for automated organics collection pilot customers. Administration-related CIP costs are accounted for only in the Administrative row of this table.
5. The City will fund new and replacement collection vehicles by issuing debt.
6. The revenue requirement represents the amount the City must recover through customer rates in order to cover its costs.
7. Value may not add exactly due to rounding.
Based on Burns & McDonnell’s review of operational data provided by the City, each of the City’s
budget items were assigned to 15 cost centers corresponding with how each of the City’s costs supported
the City’s various services. These costs were then fully allocated to the City’s six key solid waste and
recycling customers, or customer classes, described below:
• Residential. The City provides scheduled residential refuse and yard waste collection for single-
family homes. Bulk item pickup is also provided on a call-in basis.
• Recycling. The City provides scheduled curbside recycling cart collection for residential and
commercial customers on a subscription basis.
• Temporary Dumpster. The City provides residential customers with temporary refuse and yard
waste dumpsters by request for home projects.
• Commercial Dumpster. The City provides dumpsters of various sizes for commercial customers,
with scheduled collection frequency between twice a month and six times per week.
• Commercial OCC. The City provides old corrugated cardboard (OCC) collection for commercial
customers with scheduled collection frequency between twice a month and six times per week.
• Commercial Roll-off. The City provides roll-off container collection and disposal for commercial
customers, as well as City departments, non-profit organizations, and Gallatin County.
Table 4 shows the assignment of the 15 cost centers to the City’s six customer classes.
Table 4: Cost Centers Assigned to Customer Classes
Cost Center Residential Recycling Temporary Dumpster Commercial Dumpster Commercial OCC Commercial Roll-off
Administration
Residential Refuse
Residential Recycling
Bulky
Pilot Organics
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Cost Center Residential Recycling Temporary Dumpster Commercial Dumpster Commercial OCC Commercial Roll-off
Yard Waste
Commercial
Commercial Roll-Off
Tote Delivery
Dumpster Delivery
Special Events
Compost Operations
Temporary Dumpster
OCC Collection
Inter-Department Transfers
Burns & McDonnell calculated the cost of service for each customer class on a unit basis, providing a
point of comparison to the City’s rates. For example, the residential customer’s cost of service is
calculated to be $19.62 for the 65-gallon residential customer in FY 2023, compared to a current rate of
$20.86, demonstrating a full recovery of the cost of providing service to the residential customer. Of the
City’s six customer classes, two fully recover their costs in FY 2023, residential and commercial
dumpster.
Cost Recovery Under Current Rates
Each customer classes’ net revenue, with positive dollar values corresponding with over-recovery and
negative dollar values corresponding with under-recovery, is provided in Table 5.
Table 5: Net Revenue Under Current Rates
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Residential Revenue Requirement ($2,985,176) ($3,292,631) ($3,211,863) ($3,308,301) ($3,473,513)
Revenue $3,135,983 $3,185,121 $3,202,983 $3,268,705 $3,335,775
Net Revenue1 $150,807 ($107,510) ($8,879) ($39,596) ($137,738)
Recycling
Revenue Requirement ($901,074) ($926,690) ($938,391) ($1,032,140) ($1,060,843)
Revenue $765,079 $780,380 $795,988 $811,908 $828,146
Net Revenue1 ($135,995) ($146,309) ($142,403) ($220,233) ($232,697)
Temporary Dumpster
Revenue Requirement ($162,528) ($170,211) ($172,544) ($177,741) ($183,096)
Revenue $71,285 $73,423 $74,891 $76,389 $77,917
Net Revenue1 ($91,243) ($96,788) ($97,653) ($101,351) ($105,179)
Commercial Dumpster
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FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Revenue Requirement ($920,588) ($956,567) ($972,263) ($999,393) ($1,072,735)
Revenue $954,724 $964,272 $973,914 $983,654 $993,490
Net Revenue1 $34,137 $7,705 $1,652 ($15,739) ($79,245)
Commercial OCC
Revenue Requirement ($401,819) ($417,987) ($426,464) ($439,471) ($452,955)
Revenue $77,306 $78,079 $78,859 $79,648 $80,444
Net Revenue1 ($324,514) ($339,908) ($347,604) ($359,823) ($372,511)
Commercial Roll-Off
Revenue Requirement ($666,586) ($698,297) ($713,314) ($737,969) ($763,516)
Revenue $378,532 $383,981 $389,539 $395,209 $400,991
Net Revenue1 ($288,054) ($314,316) ($323,775) ($342,761) ($362,525)
Total Revenue Requirement1 ($6,037,771) ($6,462,382) ($6,434,838) ($6,695,015) ($7,006,659)
Total Revenue $5,382,909 $5,465,256 $5,516,176 $5,615,512 $5,716,763
Total Net Revenue1 ($654,862) ($997,125) ($918,662) ($1,079,503) ($1,289,896)
Cumulative Net Revenue1 ($654,862) ($1,651,988) ($2,570,650) ($3,650,152) ($4,940,048)
1. Value may not add exactly due to rounding.
Figure 1 provides a visual representation of the City net revenue under current rates, including the City’s
working capital ending balance shown in green and the City’s reserve policy of two months (60 days) of
operating and capital costs shown in red. Under current rates, the City will not be able to meet its reserve
policy during the five-year forecast, beginning in FY 2023.
Figure 1: Net Revenue Under Current Rates
($4,000,000)
($3,000,000)
($2,000,000)
($1,000,000)
$0
$1,000,000
$2,000,000
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Net Revenue (Current Rates)
Working Capital Ending Balance
60 Day Operating and Capital Reserve
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Proposed Rate Approach
Burns & McDonnell considered the following factors when developing proposed rates that allow the City
to reach its reserve policy over the five-year forecast:
• Affordability and Consistency. In recent years, households and businesses alike have
experienced markedly higher costs for necessary goods and services. Proposed rates aim to
safeguard the City’s financial health while keeping rates affordable for the City’s customers.
Proposed rates changes were not projected to be greater than 4.0 percent for any customer in any
year of the five-year forecast. The greatest proposed rate change is projected in FY 2023, with
existing residential and commercial customers receiving consistent or decreasing rate increases
from FY 2024 – FY 2027.
• Reinforcing Environmental Consciousness. In part through the high levels of participation and
growth in the subscription recycling program, the City and its residents demonstrate commitment
to environmental consciousness. Proposed rates were designed to reinforce these behaviors by
keeping residential recycling and pilot organics collection programs accessible in pricing. As was
proposed in the 2019 Cost of Service Study, residential recycling customers are not subject to rate
increases. Proposed pilot organics collection program rates are introduced at a low cost to
residents to further promote environmental consciousness in the community.
• Ease of Understanding. Proposed rates adjustments were kept to single-digit adjustments that
are consistent among residential and commercial customers. Changes to rate structures were not
proposed for the Update.
176
Executive Report Cost of Service and Organics Feasibility Study Update
City of Bozeman, MT 8 Burns & McDonnell
Proposed Rates
Based on the proposed rate approach described in the previous section, Burns & McDonnell’s proposed
rate changes are presented in Table 6. As the City provides its customers with many options related to its
services, the full schedule of proposed rates is not included this Executive Report to keep content concise.
As an example, the schedule of proposed rates for residential customers is provided in Table 7. Rates for
the pilot organics collection program are provided in Table 8, which were developed to recover the costs
of the program and to offset reduction in revenue from residential customers downsizing their refuse
carts.1
Table 6: Proposed Rate Changes
Customer
FY 2023
(Effective November 2022) FY 2024 FY 2025 FY 2026 FY 2027
Residential 4% 3% 1% 1% 1%
Temporary Dumpster 4% 3% 1% 1% 1%
Recycling (Subscribers) 0% 0% 0% 0% 0%
Commercial Dumpster 4% 3% 3% 3% 3%
Commercial OCC 4% 3% 3% 3% 3%
Commercial Roll-Off 4% 3% 3% 3% 3%
Table 7: Proposed Residential Rate Schedule
Residential Customer Current Rates
FY 2023
(Effective November 2022) FY 2024 FY 2025 FY 2026 FY 2027
35 Gallon Monthly $10.80 $11.23 $11.57 $11.68 $11.80 $11.92
35 Gallon Weekly $14.52 $15.10 $15.55 $15.71 $15.87 $16.03
45 Gallon Weekly $14.52 $15.10 $15.55 $15.71 $15.87 $16.03
65 Gallon Weekly $20.86 $21.69 $22.35 $22.57 $22.79 $23.02
100 Gallon Weekly $26.73 $27.80 $28.63 $28.92 $29.21 $29.50
220 Gallon Weekly $44.64 $46.43 $47.82 $48.30 $48.78 $49.27
300 Gallon Weekly $55.96 $58.20 $59.94 $60.54 $61.15 $61.76
450 Gallon Weekly $80.63 $83.86 $86.37 $87.23 $88.11 $88.99
1 The FY 2024 cost per residential (City-wide) customer per month for the pilot organics is $3.70 for pilot collection and $1.37 for composting operations support and transitioning away from seasonal composting collection.
Additionally, an average of $0.56 per residential customer per month in net loss of revenue is estimated from 20 percent of residents with trash cart sizes greater than 65 gallons potentially downsizing their cart sizes over the
period of FY 2024 – FY 2025. Total cost and net loss of revenue per residential customer for implementation of the automated organics collection program totals to approximately $5.63. As the City will incur start-up costs in FY 2023 for the program, as well as increased administrative costs (totaling $2.03 per residential customer in FY 2024), a $7.50 rate per month for automated organics was selected for FY 2024.
177
Executive Report Cost of Service and Organics Feasibility Study Update
City of Bozeman, MT 9 Burns & McDonnell
Table 8: Pilot Organics Customer Proposed Rates
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Pilot Organics Customer N/A $7.50 $8.00 $8.00 $8.00
If adopted by City Commission, proposed rates are expected to be effective November 1, 2022.
Cost Recovery Under Proposed Rates
An updated version of Table 5 based on proposed rates is provided in Table 9. Costs and revenue related
to the pilot organics collection program are included within the residential customer class.
Table 9: Net Revenue Under Proposed Rates
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Residential
Revenue
Requirement
($2,985,176) ($3,292,631) ($3,211,863) ($3,308,301) ($3,473,513)
Revenue $3,219,583 $3,704,680 $4,102,423 $4,221,723 $4,344,603
Net Revenue1 $234,407 $412,049 $890,561 $913,422 $871,090
Recycling
Revenue Requirement ($901,074) ($926,690) ($938,391) ($1,032,140) ($1,060,843)
Revenue $765,079 $780,380 $795,988 $811,908 $828,146
Net Revenue1 ($135,995) ($146,309) ($142,403) ($220,233) ($232,697) Temporary Dumpster
Revenue
Requirement ($162,528) ($170,211) ($172,544) ($177,741) ($183,096)
Revenue $73,218 $78,612 $81,030 $83,520 $85,975
Net Revenue1 ($89,310) ($91,599) ($91,514) ($94,220) ($97,121) Commercial Dumpster
Revenue
Requirement ($920,588) ($956,567) ($972,263) ($999,393) ($1,072,735)
Revenue $1,059,563 $1,116,573 $1,161,552 $1,208,339 $1,257,119
Net Revenue1 $138,976 $160,006 $189,289 $208,946 $184,383
Commercial
OCC
Revenue Requirement ($401,819) ($417,987) ($426,464) ($439,471) ($452,955)
Revenue $79,372 $83,615 $87,057 $90,528 $94,141
Net Revenue1 ($322,447) ($334,372) ($339,406) ($348,943) ($358,814)
Commercial
Roll-Off
Revenue Requirement ($666,586) ($698,297) ($713,314) ($737,969) ($763,516)
Revenue $388,599 $411,363 $429,811 $449,118 $469,329
Net Revenue1 ($277,987) ($286,934) ($283,503) ($288,852) ($294,187)
178
Executive Report Cost of Service and Organics Feasibility Study Update
City of Bozeman, MT 10 Burns & McDonnell
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Total Revenue Requirement1 ($6,037,771) ($6,462,382) ($6,434,838) ($6,695,015) ($7,006,659)
Total Revenue $5,585,414 $6,175,223 $6,657,862 $6,865,135 $7,079,313
Total Net Revenue1 ($452,357) ($287,158) $223,025 $170,120 $72,654
Cumulative Net Revenue1 ($452,357) ($739,515) ($516,490) ($346,370) ($273,716)
1. Value may not add exactly due to rounding.
Figure 2 provides an updated version of Figure 1, showing the City’s net revenue under proposed rates.
Under proposed rates, the City will continue to not meet its reserve policy in FY 2023 – FY 2025, then
will be able to meet its reserve policy beginning in FY 2026.
Figure 2: Net Revenue Under Proposed Rates
($1,000,000)
($500,000)
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Net Revenue (Proposed Rates)
Working Capital Ending Balance
60 Day Operating and Capital Reserve
179
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:UDC Project - Review and Advise Regarding the Update to the Unified
Development Code, Chapter 38, Bozeman Municipal Code to Address
Potential Changes to Zoning Districts and Building Transitions, Application
21381
MEETING DATE:October 18, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction
to staff and consultants.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Overall Project Background: On December 21, 2021, the City Commission
adopted Resolution 5368 establishing priorities for the next two years. These
City Commission priorities include adopting changes to the Unified
Development Code to “facilitate increased housing density, housing
affordability, climate action plan objectives, sustainable building practices,
and a transparent, predictable and understandable development review
process.”
The UDC Revision process (“the UDC Project”) focuses on implementing
policy recommendations found in recently adopted plans including Bozeman
Community Plan 2020, Climate Action Plan, Community Housing Action Plan,
and the in-progress Parks, Recreation, and Active Transportation. The UDC
project is focused on specific improvements, with direction to be completed
by December 2023.
Objectives for this project are:
• Implementation of growth policy, climate action plan, housing action
plan, and other adopted city plans.
• Improving readability and usability of the code for infrequent users
while maintaining legal soundness.
• Update and revisions to zoning district descriptions and options
consistent with the growth policy.
• Improve graphics
180
Zoning District Work Session Background: The focus of this work session is
potential changes to zoning districts including building height transitions.
Zoning districts establish the group of standards that define development in
a specified geographic area. Zoning districts are often the first thing people
think of when they consider zoning.
The choice of the number, type, and characteristics of individual zoning
districts is at the discretion of the City Commission per 76-2-302, MCA. The
City has no obligation to have any particular type or nature of zoning
district.
The Commission may keep, delete, combine, or otherwise change districts as
part of the code update process. As the City evolves from a town to a city
regulations must change to keep up. The City also needs to be responsive to
developing issues and constraints from outside its borders.
The City adopted a new growth policy, the Bozeman Community Plan 2020,
in November 2020. State law requires zoning ordinances to "be in accord"
with the growth policy, and the Bozeman Community Plan 2020 includes
direction for amendments to land development regulations. The City also
recently adopted plans for climate action and housing, and an update to the
parks plan is underway. Land use regulations play a role in implementing
those plans as well.
The updated growth policy and related plans established the policy direction
for amendments to be implemented with these code updates. The UDC
project allows the City to put the tools in place to take action on adopted
policy; the project is not intended to create new policy or change the policy
direction already established in adopted plans.
Example Bozeman Community Plan 2020 policy direction influencing this
work session on zoning districts includes:
R-1.7 Be flexible: willingness and ability to adopt alternative
strategies in response to changing circumstances.
DCD-1.1 Evaluate alternatives for more intensive development
in proximity to high visibility corners, services, and parks.
DCD-1.2 Remove regulatory barriers to infill.
DCD-2.4 Evaluate revisions to maximum building height limits in
all zoning districts to account for contemporary building
methods and building code changes.
DCD-2.8 Revise the zoning ordinance, reducing the number of
zoning districts to be more consistent with the designated land
use classifications, to simplify the development process, and
support affordability objectives of the plan.
DCD-2.9 Evaluate increasing the number of stories allowed in
centers of employment and activity while also directing height
181
transitions down to adjacent neighborhoods.
EE-2.2 Review and revise, or possibly replace, the Business Park
Mixed Use zoning district to include urban standards and
consider possible alterations to the allowed uses.
Zoning Districts Work Session: Changes to the City’s zoning standards and
map are common. Since January 1, 2018 the City Commission has:
• Approved 30 Zone Map Amendments in conjunction with
annexation totaling 1,060 acres.
• Approved 32 Zone Map Amendments to change zoning as
requested by landowners totaling 366 acres.
• Approved 34 Ordinances to change the zoning processes and
standards including: updated floodplain management, revise
subdivision procedures to meet changed state laws, implement
growth policy priorities such as infill, and support affordable
housing.
See attached maps for the distribution throughout the
community of these changes. More annexations and zone map
amendments are presently in review.
The City has created, merged, and deleted zoning districts previously. The R-
5 and B-2M districts were created in 2016. Districts R2a and R3a were
deleted entirely in 2003 and the Agricultural Suburban district was deleted
in 2000. Several districts were merged during the creation of the initial
Unified Development Code in 2003. Currently, the City has 19 zoning
districts. Four of the existing districts each have less than 1% of the City’s
area in the district.
Based on a review of the various policy documents and their extensive
professional experience Code Studio proposes three items for Commission
consideration. None of the suggestions are finalized and will be further
developed prior to incorporation as part of the overall code update draft.
Code Studio will present information and request Commission direction on:
1. Consolidation and restructuring of residential zoning
districts.
2. Degree of consolidation of residential districts.
3. Building transitions at zoning district borders and internally
to districts.
These potential actions further the growth policy which says: “DCD-2.8
Revise the zoning ordinance, reducing the number of zoning districts to be
more consistent with the designated land use classifications, to simplify the
development process, and support affordability objectives of the plan.” and
"DCD-2.9 Evaluate increasing the number of stories allowed in centers of
employment and activity while also directing height transitions down to
adjacent neighborhoods."
182
Additional work related to this work session is underway. Due to the
limitations of an individual work session Staff does not intend to present on
these areas on October 18th but wishes to ensure the City Commission and
public are aware of the ongoing work.
A. Improving correlation of intent and purpose statements to
the growth policy. See image 1 of attached packet background
materials.
B. As discussed in the work session on September 13th,
evaluation of layout, presentation, and actual standards
included within each zoning district such as setbacks and height,
transitions between zoning districts and within zoning districts.
See images 2-8 of attached packet background materials.
C. Consolidation of standards relating to form, intensity, and
building design to individual district descriptions. See images 2-8
of attached packet background materials.
D. District naming for clarity of communication.
E. Implementation of prior Commission direction consistent
with the evaluations of the Neighborhood Conservation Overlay
District in 2015 and 2019 and the Clarion code audit completed
in 2021. The 2019 NCOD Policy Direction Report outlines
adopted directives and a work plan to evolve the NCOD and
Preservation Program. The Commission funded a contract in
FY23 to hire a consultant to assist historic preservation staff in
evolving the historic preservation program consistent with the
adopted policy direction and professional best practices. The
RFP for the contract will be released this fall and work done will
be coordinated as much as possible with the UDC update.
Transition between existing and future standards will be an
important element of this work.
The City has conducted hundreds of individual historic
eligibility surveys since 2019 to identify buildings in the NCOD
that do not meet historic preservation criteria. This implements
recommendation 2.2 of the 2019 NCOD Policy Direction Report.
Two areas have been identified, consistent with
recommendations from the report, for the NCOD boundary to
be pulled back. This action will occur with the ultimate adoption
of the zoning map at the conclusion of the code update process,
not at this time. See image 9 of the attached packet background
materials.
F. Integration of the new planned development zone process
adopted by Ordinance 2104 this fall into the overall code
structure of districts.
G. Default annexation. The City processes many annexations
each year. See image 10 of the attached packet background
materials. The zone map amendment process is the longest
element of annexing property and adds several months to the
183
time required to complete. The staff and Code Studio are
investigating the opportunity to have a default zoning district
that automatically applies upon annexation. An applicant could
choose to request a different district and follow the standard
zone map amendment process. This could potentially save up
to half of the total time in reviewing annexations and save
considerable time for staff and the community development
board; and greatly simplify scheduling of action before the City
Commission. Most annexations are for residential development.
Therefore, primary focus is on the viability of this approach for
such annexations. Given the multiple policy directions from the
growth policy and other planning documents that emphasize
more intensive development the recommended district would
probably be at the upper end of the range of residential districts
included in the final code update text.
State Influence On The Project: The Governor’s Housing Task Force draft
report was released for public comment on October 3, 2022, and is available
on the Department of Environmental Quality website. There are many
recommendations for limitations and requirements on local land
development standards and processes.
Examples of recommendations that would affect the UDC update project are
restrictions on lot and setback requirements, process changes for approval
of zoning amendments, and requirements for inclusion of multi-home
residence configurations in all residential zoning districts. The 2023
legislative session will conclude prior to moving the UDC project into the
formal adoption process and the draft will be revised as necessary to meet
state requirements.
These recommendations are proposed to be prepared as legislation for the
2023 legislative session. At this time, it is unknown which if any
recommendations will become law, but it is prudent to consider possible
ramifications.
Work Session Schedule: The magnitude of the anticipated changes
necessitates periodic input from the Commission and public to ensure the
project remains on course and timely. A series of focused work sessions are
proposed at critical junctures in the process to gather information and
confirm project direction. Each work session will focus on one element of
policy implementation. The sequence of subjects will correlate and
coordinate with ongoing work, with the added goal of identifying key
elements early in the process and working efficiently.
City Commission work sessions are below; dates are provided for those
already in the Commission’s six-month schedule is.
Tuesday, September 13th – Organization and Page Layout (completed)
Tuesday, October 18th – Zoning Districts
184
Tuesday, November 15th – Sustainability
Tuesday, January 24th – Parking
Tuesday, February – Park Standards
Tuesday, March – Transportation
Summaries of work sessions and other public engagement and information
about the project is available at engage.bozeman.net/UDC.
Attachments: Three maps are attached - two versions of a map of buildings
of 3+ stories in the community and a map of zone map amendments since
Jan 1, 2018 emphasizing higher density residential changes. Also attached is
a group of images providing further background and description of the
ongoing work and referenced above.
UNRESOLVED ISSUES:Commission will give direction on consolidation, deletion, and creation of
zoning districts.
ALTERNATIVES:As identified by the Commission
FISCAL EFFECTS:Funds for this project are budgeted and appropriated.
Attachments:
Tall Buildings Map 7-15-2022 small.pdf
Tall Buildings Map 7-15-2022.jpg
Zoning Amendments.pdf
Packet Background Material 10-18-2022.pdf
Report compiled on: October 11, 2022
185
186
187
LegendAll Other ZMAsHighlighted ZMAsB2MR5REMUREMU_B2MCity LimitsRoads
Zone Map Amendments Highlighting Certain Districts 2018+Revised:
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯1 inch = 4,500 feet
Intended for Planning purposes onlysome layers may not line up properly.
188
ANALYZE REMAINING DISTRICTS
Created: 2022-06-22 07:31:55 [EST]
(Supp. No. 11, Update 5)
Page 125 of 469
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i
o
n
3
8
.
3
2
0
.
0
2
0
a
n
d
Table 38.320.030 sets sta
ndards for minimum de
n
s
i
t
i
e
s
i
n
r
e
s
i
d
e
n
t
i
a
l
d
i
s
t
r
i
c
t
s
w
h
i
c
h
w
i
l
l
a
d
v
a
n
c
e
t
h
e
s
e
g
o
a
l
s
,
objectives, and purposes.
A. Residential suburban distr
i
c
t
(
R
-S). The intent and purpose o
f
t
h
e
R
-S residential suburban d
i
s
t
r
i
c
t
i
s
t
o
commemorate and pres
e
r
v
e
e
x
i
s
t
i
n
g
RS zoning only. These pu
r
p
o
s
e
s
a
r
e
a
c
c
o
m
p
l
i
s
h
e
d
b
y
:
1. Subdivision and site plan
d
e
v
e
l
o
p
m
e
n
t
s
i
n
t
h
i
s
d
i
s
t
r
i
c
t
a
r
e
s
u
b
j
e
c
t
t
o
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
d
i
v
i
s
i
o
n
38.430 of this chapter,
p
e
r
t
a
i
n
i
n
g
t
o
p
l
a
n
n
e
d
u
n
i
t
d
e
v
e
l
o
p
m
e
n
t
,
a
n
d
s
h
a
l
l
b
e
d
e
v
e
l
o
p
e
d
i
n
compliance with the adopted city grow
t
h
p
o
l
i
c
y
.
2. Allowing permitted uses i
n
c
i
r
c
u
m
s
t
a
n
c
e
s
w
h
e
r
e
e
n
v
i
r
o
n
m
e
n
t
a
l
c
o
n
s
t
r
a
i
n
t
s
l
i
m
i
t
t
h
e
d
e
s
i
r
a
b
l
e
density.
3. Providing for a minimum
l
o
t
s
i
z
e
i
n
d
e
v
e
l
o
p
e
d
a
r
e
a
s
c
o
n
s
i
s
t
e
n
t
w
i
t
h
t
h
e
e
s
t
a
b
l
i
s
h
e
d
d
e
v
e
l
o
p
m
e
n
t
patterns while providing greater flexibi
l
i
t
y
f
o
r
c
l
u
s
t
e
r
i
n
g
l
o
t
s
a
n
d
h
o
u
s
i
n
g
t
y
p
e
s
i
n
n
e
w
l
y
developed areas.
4. This district is not availa
b
l
e
f
o
r
n
e
w
l
y
c
r
e
a
t
e
d
s
u
b
d
i
v
i
s
i
o
n
s
,
u
n
d
e
v
e
l
o
p
e
d
l
a
n
d
,
o
r
a
n
y
l
a
n
d
annexed into the city on
o
r
a
f
t
e
r
J
a
n
u
a
r
y
1
,
2
0
1
8
.
B. Residential low density district (R
-1). The intent of the R-1 residential low density
d
i
s
t
r
i
c
t
i
s
t
o
p
r
o
v
i
d
e
for primarily single-household residential de
v
e
l
o
p
m
e
n
t
a
n
d
r
e
l
a
t
e
d
u
s
e
s
w
i
t
h
i
n
t
h
e
c
i
t
y
a
t
u
r
b
a
n
densities. These purpose
s
a
r
e
a
c
c
o
m
p
l
i
s
h
e
d
b
y
:
1. Providing for a minimum lot size i
n
d
e
v
e
l
o
p
e
d
a
r
e
a
s
c
o
n
s
i
s
t
e
n
t
w
i
t
h
t
h
e
e
s
t
a
b
l
i
s
h
e
d
d
e
v
e
l
o
p
m
e
n
t
patterns while providing
g
r
e
a
t
e
r
f
l
e
x
i
b
i
l
i
t
y
f
o
r
c
l
u
s
t
e
r
i
n
g
l
o
t
s
a
n
d
h
o
u
s
i
n
g
t
y
p
e
s
i
n
n
e
w
l
y
developed areas.
2. Providing for such commu
n
i
t
y
f
a
c
i
l
i
t
i
e
s
a
n
d
s
e
r
v
i
c
e
s
a
s will serve the area's re
s
i
d
e
n
t
s
w
h
i
l
e
respecting the residenti
a
l
c
h
a
r
a
c
t
e
r
a
n
d
q
u
a
l
i
t
y
o
f
t
h
e
a
r
e
a
.
Created: 2022-06-22 07:31:55 [EST]
(Supp. No. 11, Update 5) Page 127 of 469
G. Residential-office district (R-O). The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents.
Use of this zone is appropriate for areas characterized by office or multi-household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas.
H. Residential manufactured home community district (RMH). The intent of the RMH residential manufactured home community district is to provide for manufactured home community development and directly related complementary uses at a density and character compatible with adjacent development. Use of this zone is appropriate for existing mobile home parks and areas adjacent to commercial or mixed-use districts and/or served by transit.
Sec. 38.300.110. Commercial and mixed-use zoning districts—intent and purpose.
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.
A. Neighborhood business district (B-1). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods.
B. Community business district (B-2). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. 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.
C. Community business district-mixed (B-2M). The intent of the B-2M community business district-mixed 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.
D. Downtown district (downtown B-3). The intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area
Created: 2022
-06-22 07:31:55 [ES
T
]
(Supp. No. 11, Up
d
a
t
e
5
)
Page 130 of 469
e. Foster the maste
r
p
l
a
n
d
e
v
e
l
o
p
m
e
n
t
i
n
t
o
a mix of feasibl
e
,
m
a
r
k
e
t
d
r
i
v
e
n
u
s
e
s
;
f. Emphasize the
n
e
e
d
t
o
s
e
r
v
e
t
h
e
a
d
j
a
c
e
n
t
,
l
o
c
a
l
n
e
i
g
h
b
o
r
h
o
o
d
a
n
d
a
s
w
e
l
l
a
s
t
h
e
g
r
e
a
t
e
r
Bozeman area; an
d
g. Maximize land us
e
e
f
f
i
c
i
e
n
c
y
b
y
e
n
c
o
u
r
a
g
i
n
g
s
h
a
r
e
d
u
s
e
p
a
r
k
i
n
g
.
8. Promoting the int
e
g
r
a
t
i
o
n
o
f
a
c
t
i
o
n
:
a. Support existin
g
i
n
f
r
a
s
t
r
u
c
t
u
r
e
t
h
a
t
i
s
w
i
t
h
i
n
a
n
d
a
d
j
a
c
e
n
t
t
o
R
E
M
U
z
o
n
e
s
;
b. Encourage thoug
h
t
f
u
l
l
y
d
e
v
e
l
o
p
e
d
m
a
s
t
e
r
p
l
a
n
n
e
d
c
o
m
m
u
n
i
t
i
e
s
;
c. Provide flexibility i
n
t
h
e
p
l
a
c
e
m
e
n
t
a
n
d
d
e
s
i
g
n
o
f
n
e
w
d
e
v
e
l
o
p
m
e
n
t
s
a
n
d
r
e
d
e
v
e
l
o
p
m
e
n
t
t
o
anticipate chan
g
e
s
i
n
t
h
e
m
a
r
k
e
t
p
l
a
c
e
;
d. Provide flexibility
i
n
p
h
a
s
i
n
g
t
o
h
e
l
p
e
n
s
u
r
e
b
o
t
h
l
o
n
g
a
n
d
s
h
o
r
t
t
e
r
m
f
i
n
a
n
c
i
a
l
v
i
a
b
i
l
i
t
y
f
o
r
the project as a
w
h
o
l
e
;
9. Providing standards an
d
g
u
i
d
e
l
i
n
e
s
t
h
a
t
p
r
o
m
o
t
e
s
u
s
t
a
i
n
a
b
l
e
d
e
s
i
g
n
Use of this zone i
s
a
p
p
r
o
p
r
i
a
t
e
f
o
r
s
i
t
e
s
a
t
l
e
a
s
t
f
i
v
e
a
c
r
e
s
i
n
s
i
z
e
a
n
d
a
r
e
a
s
l
o
c
a
t
e
d
a
d
j
a
c
e
n
t
t
o
a
n
existing or plann
e
d
r
e
s
i
d
e
n
t
i
a
l
a
r
e
a
t
o
h
e
l
p
s
u
s
t
a
i
n
c
o
m
m
e
r
c
i
a
l
u
s
e
s
w
i
t
h
i
n
w
a
l
k
i
n
g
d
i
s
t
a
nce and a
wider range of h
o
u
s
i
n
g
t
y
p
e
s
.
G. Northeast historic
m
i
x
e
d
-use district—intent and purpos
e
.
1. The intent of th
e
n
o
r
t
h
e
a
s
t
h
i
s
t
o
r
i
c
m
i
x
e
d
-use district is to
p
r
o
v
i
d
e
r
e
c
o
g
n
i
t
i
o
n
o
f
a
n
a
r
e
a
t
h
a
t
has developed
w
i
t
h
a
b
l
e
n
d
o
f
u
s
e
s
n
o
t
c
o
m
m
o
n
l
y
s
e
e
n
under typical zoni
n
g
r
e
q
u
i
r
e
m
e
n
t
s
.
T
h
e
unique qualities a
n
d
n
a
t
u
r
e
o
f
t
h
e
a
r
e
a
a
r
e
n
o
t
f
o
u
n
d
e
l
s
e
w
h
e
r
e
i
n
t
h
e
c
i
t
y
a
n
d
s
h
o
u
l
d
b
e
preserved as a pl
a
c
e
o
f
f
e
r
i
n
g
a
d
d
i
t
i
o
n
a
l
o
p
p
o
r
t
u
n
i
t
i
e
s
f
o
r
c
r
e
a
t
i
v
e
i
n
t
e
g
r
a
t
i
o
n
o
f
l
a
n
d
u
s
e
s
.
T
h
e
intent of this are
a
i
s
t
o
a
l
l
ow private and c
a
s
e
-by-case determinatio
n
o
f
t
h
e
m
o
s
t
a
p
p
r
o
p
r
i
a
t
e
u
s
e
of land in a broa
d
r
a
n
g
e
o
f
b
o
t
h
n
o
n
-residential and re
s
i
d
e
n
t
i
a
l
u
s
e
s
.
S
t
a
n
d
a
r
d
s
f
o
r
b
u
f
f
e
r
i
n
g
between different
l
a
n
d
u
s
e
s
a
r
e
d
e
l
i
b
e
r
a
t
e
l
y
n
o
t
a
s
h
i
g
h
a
s
s
t
a
n
d
a
r
d
s
e
l
s
e
w
h
e
r
e
i
n
t
h
e
community as it is ass
u
m
e
d
t
h
a
t
p
e
r
s
o
n
s
c
h
o
o
s
i
n
g
t
o
l
o
c
a
t
e
i
n
t
h
i
s
a
r
e
a
a
r
e
a
w
a
r
e
o
f
t
h
e
v
a
r
i
e
t
y
of possible adjac
e
n
t
l
a
n
d
u
s
e
s
a
n
d
h
a
v
e
a
c
c
e
p
t
e
d
s
u
c
h
p
o
s
s
i
b
i
l
i
t
i
e
s
a
s
b
o
t
h
a
c
c
e
p
t
a
b
l
e
a
n
d
desirable. It is e
x
p
e
c
t
e
d
t
h
a
t
t
h
e
l
o
t
s
w
i
t
h
i
n
t
h
i
s
d
i
s
t
r
i
c
t
w
i
l
l
c
o
n
t
i
n
ue to develop u
n
d
e
r
a
v
a
r
i
e
t
y
of uses which
m
a
y
i
n
c
r
e
a
s
e
o
r
d
e
c
r
e
a
s
e
i
n
s
c
o
p
e
i
n
a
n
y
g
i
v
e
n
p
o
r
t
i
o
n
o
f
t
h
e
d
i
s
t
r
i
c
t
.
2. The clear intent o
f
t
h
i
s
d
i
s
t
r
i
c
t
i
s
t
o
s
u
p
p
o
r
t
a
m
i
x
a
n
d
v
a
r
i
e
t
y
o
f
n
o
n
-residential and re
s
i
d
e
n
t
i
a
l
uses. Nothing in
d
i
v
i
s
i
o
n
3
8
.
3
0
0
o
f
this article shall b
e
i
n
t
e
r
p
r
e
t
e
d
t
o
b
e
d
i
s
c
o
u
r
a
g
i
n
g
o
r
prejudicial to an
y
l
i
s
t
e
d
u
s
e
e
x
c
e
p
t
a
s
s
e
t
f
o
r
t
h
a
s
p
r
i
n
c
i
p
a
l
a
n
d
c
o
n
d
i
t
i
o
n
a
l
u
s
e
s
.
Sec. 38.300.12
0
.
Industrial zoni
n
g
d
i
s
t
r
i
c
t
s
—Intent and purp
o
s
e
.
The intent and p
u
r
p
o
s
e
o
f
t
h
e
i
n
d
u
s
t
r
i
a
l
z
o
n
i
n
g
d
i
s
t
r
i
c
t
s
i
s
t
o
e
s
t
a
b
l
i
s
h
a
r
e
a
s
w
i
t
h
i
n
t
h
e
c
i
t
y
t
h
a
t
a
r
e
p
r
i
m
a
r
i
l
y
industrial in char
a
c
t
e
r
a
n
d
t
o
s
e
t
f
o
r
t
h
c
e
r
t
ain minimum sta
n
d
a
r
d
s
f
o
r
d
e
v
e
l
o
p
m
e
n
t
w
i
t
h
i
n
t
h
o
s
e
a
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d
i
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a
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y
.
T
here is a rebuttab
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presumption tha
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t
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u
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s
s
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f
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f
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chapter are met
a
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p
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d
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a
l
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e
q
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m
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n
t
s
f
o
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development apply within over
l
a
y
d
i
s
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r
i
c
t
s
.
A. Light manufactu
r
i
n
g
d
i
s
t
r
i
c
t
(
M
-1). The intent of the
M
-1 light manufact
u
r
i
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g
d
i
s
t
r
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c
t
i
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t
o
p
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the community'
s
n
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d
s
f
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s
a
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t
r
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terminals, light m
a
nufacturing and
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i
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r
INTENT STATEMENTS
Revise and shorten
the district intent and
purpose statements
so that they are
more concise, easier
to understand and
serve as a better link
to the Community
Plan.
189
ANALYZE REMAINING DISTRICTS
DIMENSIONAL STANDARDS
Created: 2022-06-22 07:31:56 [EST]
(Supp. No. 11, Update 5)
Page 150 of 469
Additional area
required for an
accessory dwelling
unit
1,0004 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001
Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.55 2.55 2.55 2.55 —
Notes:
1. In order to comply with the standards co
n
t
a
i
n
e
d
i
n
t
h
i
s
c
h
a
p
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,
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n
e
x
c
e
s
s
o
f
t
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e
r
e
q
u
i
r
e
d
minimum may be needed (for corner
l
o
t
s
,
p
a
r
k
i
n
g
,
l
a
n
d
s
c
a
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i
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,
f
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example), and may be necessary for pr
o
p
e
r
t
y
a
d
j
a
c
e
n
t
t
o
w
a
tercourses, ridgelines, or other
environmental features in order to provi
d
e
a
n
a
p
p
r
o
p
r
i
a
t
e
b
u
i
l
d
a
b
l
e
a
r
e
a
o
n
t
h
e
l
o
t
.
2. Per townhouse lot or rowhouse dwel
l
i
n
g
.
3. For townhouse or rowhouse clusters, th
e
l
o
t
a
r
e
a
p
e
r
d
w
e
l
l
i
n
g
m
a
y
b
e
a
v
e
r
a
g
e
d
w
i
t
h
i
n
t
h
e
c
luster.
4. Extra lot size requirement does not a
p
p
l
y
w
h
e
n
R
-S lots are larger than 6,000 square feet.
5. Departures from the maximum lot size
r
e
q
u
i
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e
m
e
n
t
s
m
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y
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e
a
l
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o
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t
h
e
p
l
a
n
n
e
d
d
e
v
e
l
o
p
m
e
n
t
fits into the context of the neighborhood
a
n
d
p
r
o
p
o
s
e
d
pedestrian and vehicular circulation me
a
s
u
r
e
s
meet community objectives.
Table 38.320.030.B
Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears aft
e
r
t
h
e
f
o
r
m
a
n
d
i
n
t
e
n
s
i
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o
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u
b
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e
c
t
t
o
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t
a
n
d
a
r
d
s
s
e
t
forth in that section or chapter.
2. If a number appears in the box, refer to t
h
e
d
e
v
e
l
o
p
m
e
n
t
c
o
n
d
i
t
i
o
n
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h
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c
o
r
r
e
s
p
o
n
d
i
n
g
n
u
m
b
e
r
immediately following the table. If there
a
r
e
m
u
l
t
i
p
l
e
n
u
m
b
e
r
s
,
t
h
e
n
a
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d
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p
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n
t
c
o
n
d
i
t
i
o
n
s
a
p
p
l
y
.
Use Type/Standard Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household
dwelling
50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401
Single-household
dwelling (only for
dwellings to satisfy
requirements of
division 38.380 of
this chapter)
30 30 30 30 30 30 30 30
Two household
dwelling
— — 60/501 60/401 50/401 50/401 50/501 —
Accessory dwelling
unit3
50 40 40 40 40 None4 40 —
Accessory dwelling
unit3 on lots with
Townhouses
30 30 30 Width of
interior
units2
Width of
interior
units2
Width of
interior
units2
Width of
interior
units2
—
Created: 2022-06-22 07:31:56 [EST]
(Supp. No. 11, Update 5)
Page 151 of 469
Dwellings in three-
or four-household
dwelling
configurations
- - — 60 60 None2,4 60 —
Townhouses 30 30 30 Width of
interior
units,2
Width of
interior
units,2
Width of
interior
units,2
Width of
interior
units,2
—
All other uses 50 50 50 50 50 None2,4 50 50
Notes:
1. When the lot is adjacent to an alley and
v
e
h
i
c
l
e
a
c
c
e
s
s
i
s
t
a
k
e
n
o
n
l
y
f
r
o
m
t
h
a
t
a
l
l
e
y
.
2. Lot width is subject to section 38.400.090
. Lot widths of 25 feet or less may jeopar
d
i
z
e
c
o
m
p
l
i
a
n
c
e
w
i
t
h
standards for legal and physical access
,
s
t
r
e
e
t
t
r
e
e
s
,
o
n
-street parking, garage design, drive acce
s
s
width and placement, and utilities. Hom
e
d
e
s
i
g
n
a
n
d
s
i
z
e
w
i
l
l
b
e
r
e
s
t
r
i
c
t
e
d
a
s
a
r
e
s
u
l
t
.
M
i
tigation
measures may be required for placement
a
n
d
s
e
p
a
r
a
t
i
o
n
o
f
p
u
b
l
i
c
a
n
d
p
r
i
v
a
t
e
u
t
i
l
i
t
i
e
s
.
3. Second dwellings in accessory buildings
a
r
e
s
u
b
j
e
c
t
t
o
a
l
l
r
e
s
t
r
i
c
t
i
o
n
s
i
n
t
h
i
s
c
h
a
p
t
e
r
r
e
l
a
t
i
n
g
t
o
accessory buildings. Lot area and width m
u
s
t
b
e
p
r
o
v
i
d
e
d
as if the dwelling were attached to the
principal use. Dwellings to be developed un
d
e
r
t
h
i
s
o
p
t
i
o
n
a
r
e
s
u
b
j
e
c
t
t
o
s
e
c
t
i
o
n
3
8
.
3
6
0
.
0
4
0
.
4. Lot widths may be variable provided th
e
y
a
r
e
s
i
z
e
d
a
n
d
s
h
a
p
e
d
s
u
f
f
i
c
i
e
n
t
t
o
a
c
c
o
m
m
o
d
a
t
e
p
e
r
m
i
t
t
e
d
uses and conform to applicable design and density standards.
Figure 38.320.030.1.
Minimum setback to an individual, garage o
r
i
e
n
t
e
d
t
o
t
h
e
s
t
r
e
e
t
Table 38.320.030.C
Density, building height, and setbacks
Table clarification:
1. Where a code reference or link appears a
f
t
e
r
t
h
e
f
o
r
m
a
n
d
i
n
t
e
n
s
i
t
y
t
o
p
i
c
,
t
h
e
u
s
e
i
s
s
u
b
j
e
c
t
t
o
s
t
a
n
d
a
r
d
s
s
e
t
forth in that section or chapter.
2. If a number appears in the box, refer to
t
h
e
d
e
v
e
l
o
p
m
e
n
t
c
o
n
d
i
t
i
o
n
w
i
t
h
t
h
e
c
o
r
r
e
s
p
o
n
d
i
n
g
n
u
m
b
e
r
immediately following the table. If there are multi
p
l
e
n
u
m
b
e
r
s
,
t
h
e
n
a
l
l
d
e
v
e
l
o
p
m
e
n
t
c
o
n
d
i
t
i
o
n
s
a
p
p
l
y
.
Created: 2022-06-22 07:31:57 [EST]
(Supp. No. 11, Update 5)
Page 157 of 469
2 If a number appears in the box, refer to the development c
o
n
d
i
t
i
o
n
w
i
t
h
t
h
e
c
o
r
r
e
s
p
o
n
d
i
n
g
n
u
m
b
e
r
immediately following the table. If there
a
r
e
m
u
l
t
i
p
l
e
n
u
m
b
e
r
s
,
t
h
e
n
a
l
l
d
e
v
e
l
o
p
m
e
n
t
c
o
n
d
i
t
i
o
n
s
a
p
p
l
y
.
Standard Zones Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHMU
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards Minimum lot
area (square feet) (38.320.020.A)
5,000 — - - — 43,560 7,500 — — 5,0001
Minimum lot width (feet) (38.320.020.A)
50 100 — — — 150 75 100 — 50 Maximum lot coverage (38.320.020.C)
100% 100% 100% 100% 100%4 60% 100% 100% - 40%—100%5 Minimum
floor area
ratio (38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet) Minimum
building
height
— — — — 226 — — — — — Maximum building height
Variable8 55/709 6010 50 50 — 50 Minimum floor to floor height
1521 1521 1521 1521 1521 — — — — — Roof pitch < 3:12 40 507 427 Roof pitch 3:12 or > 45 607 487 Minimum setback (feet) Front Setback Front setback provisions are set forth in
t
h
e
b
l
o
c
k
f
r
o
n
t
a
g
e
s
t
a
n
d
a
r
d
s
i
n
d
i
v
i
s
i
o
n
3
8
.
5
1
0
.
Setback to an individual garage oriented to the street
— 20 20 20 — — — — — 20
Rear Setback 10 10 1013 015 0 2017 3 3 012 3
Side Setback 514 514 514 015 0 1517, 14 314 314 012 3
Review and update all
district dimensional
standards
Changes to the
district dimensional
standards may be
impacted by the on-
going Governor's
Housing Task Force
as well as the
upcoming legislative
session.
190
ANALYZE REMAINING DISTRICTS
FRONTAGE STANDARDS
Review and
update the
block frontage
standards and
determine if all
current frontage
options are
needed.
191
ANALYZE REMAINING DISTRICTS
FRONTAGE STANDARDS
Explore the possibility
of eliminating the
frontage map
and incorporating
standards into
the zoning district
standards themselves.
More standards located
in the same place
will help to improve
usability.
192
ANALYZE REMAINING DISTRICTS
FRONTAGE STANDARDS
Some districts (such as
B-3) contain multiple
frontages. Further
discussion with city
staff will be needed
to weigh the pros and
cons of the two options
- incorporating or
keeping the map.
193
ANALYZE REMAINING DISTRICTS
BUILDING DESIGN STANDARDS
Facade Articulation
Window Design High Visibility Street Corners Blank Walls
The building
design standards
will also be
evaluated for
relevance, overall
usability, and
best practices.
Can the
building design
standards also
be incorporated
into the
zoning district
standards?
194
ANALYZE REMAINING DISTRICTS
2-18 Neighborhood Form-Based Code | Cleveland, Ohio DRAFT August 12, 2021
2.4.2. C3 COMMUNItY 3
a. SITE
1. Size Sec. 2.10.2
A Width (min)
Front access 35’
Side/rear access 15’
2. Dwelling Units Sec. 2.10.3
Max per site Unlimited
3. Amenity Sec. 2.9.4
B Outdoor amenity space (min)10%
4. Walls & Fences Sec. 2.10.5
Front yard height (max)Type C4 | 6’
Side street yard height (max)Type C4 | 6’
Side/rear yard height (max)Type C5 | 6’
5. Streetscape Sec. 2.10.6
C Pedestrian zone (min)7’
D Furniture zone (min)6’
Planting strip type Tree lawn/grates
Trees in planting strip 30’ avg. on center
6. Setbacks Sec. 2.10.7
E Primary street boundary line (min/max)5’/15’
F Side street boundary line (min/max)3’/15’
G Rear/side boundary line (min)0’
Alley boundary line 3’ or 20’ min
7. Transitions Sec. 2.10.8
Setback from transition boundary line (min)10’
8. Street Build-Out Sec. 2.10.9
H Primary street (min)75%
I Side street (min)45%
9. Parking Location Sec. 2.10.10
No parking between the building and the street
CHAPTER 2
ZONING DISTRICTS
COMMUNITY-SCALE
2-19 Cleveland, Ohio | Neighborhood Form-Based CodeDRAFT August 12, 2021
B. MASSING
1. Building Sec. 2.10.11
A Height (max stories/feet)3/42’
B Width (max)175’
C Active depth (min)9’
Dwelling units per building (max) Unlimited
2. Story Height Sec. 2.10.12
D Ground story height (min)10’
E Ground floor elevation (min/max)2’/5.5’
Primary St.Side St.
3. Windows Sec. 2.10.13
F Ground story (min)35%30%
G Upper story (min)15%15%
H Blank wall width (max)15’25’
4. Doors Sec. 2.10.14
I Street-facing entry spacing (max)40’60’
C3
CHAPTER 2
ZONING DISTRICTS
COMMUNITY-SCALE
EXAMPLEEXAMPLEAn example of a modern zoning
code page layout
that incorporates
district standards,
frontage standards and building design
standards into
a single zoning
district.
195
ANALYZE REMAINING DISTRICTS
2-19 Cleveland, Ohio | Neighborhood Form-Based CodeDRAFT August 12, 2021
B. MASSING
1. Building Sec. 2.10.11
A Height (max stories/feet)3/42’
B Width (max)175’
C Active depth (min)9’
Dwelling units per building (max) Unlimited
2. Story Height Sec. 2.10.12
D Ground story height (min)10’
E Ground floor elevation (min/max)2’/5.5’
Primary St.Side St.
3. Windows Sec. 2.10.13
F Ground story (min)35%30%
G Upper story (min)15%15%
H Blank wall width (max)15’25’
4. Doors Sec. 2.10.14
I Street-facing entry spacing (max)40’60’
C3
CHAPTER 2 ZONING DISTRICTSCOMMUNITY-SCALE
District Standard
Building Design Standard
Frontage Standard EXAMPLEA zoom in on the right hand page
from the previous
slide.
The color keys
show how district
standards, frontage
standards and
building design
standards can all
be put together into
a single district.
196
NEIGHBORHOOD CONSERVATION DISTRICT
BACKGROUND
»Two recent reports indicate
changes are needed – area too
large
»Two changes coming soon
»RFP for redesign of historic
program coming
RECOMMENDATIONS
»Shrink to cover local historic
districts only
»Outside of local historic districts
set time limit (2 years) to
establish a “character district”–
otherwise NCOD controls expire
Existing NCOD boundary
Changes to NCOD boundary
Local Historic District
197
DEFAULT ANNEXATION
Legend
City Limits
20182019
2020
2021
2022
Roads
Completed Annexations 2018+
Revised:
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯1 inch = 4,500 feet
Intended for Planning purposes onlysome layers may not line up properly.Legend
City Limits
2018
2019
2020
2021
2022
Roads
Completed Annexations 2018+
Revised:
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯1 inch = 4,500 feet
Intended for Planning purposes onlysome layers may not line up properly.
Legend
City Limits
2018
2019
2020
2021
2022
Roads
Completed Annexations 2018+
Revised:
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯1 inch = 4,500 feet
Intended for Planning purposes onlysome layers may not line up properly.
Annexations since 2018 Explore the possibility of requiring higher intensity districts for annexations - for example,
R-3 or higher for residential vs R-S or R-1. Depending on the level of consolidation of
existing districts this might not be an issue.198