HomeMy WebLinkAbout12-19-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approval of Minutes(Sagstetter)
E.Consent Items
E.1 Design recommendation regarding South University District Block 2 site plan proposal for a
total of 162 homes in phase 3 of the South University District Subdivision, NE of the corner
of South 19th Avenue and Stucky Rd., Application 22238(Garber)
F.Public Comments
This is the time to comment on any matter falling within the scope of the Community
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CD AGENDA
Monday, December 19, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
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Click the Register link, enter the required information, and click submit.
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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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Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once. Please note, the Community
Development Board cannot take action on any item which does not appear on the agenda. All
persons addressing the Community Development Board shall speak in a civil and courteous
manner and members of the audience shall be respectful of others. Please state your name and
place of residence in an audible tone of voice for the record and limit your comments to three
minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
G.Action Items
G.1 The East Main zone map amendment requesting amendment of the City Zoning Map for an
existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of
way from B-2 (Community Business District) to B-2M (Community Business District-Mixed).
Property addressed at 1200 East Main Street. Application 22184(Rogers)
G.2 The West Kagy zone map amendment requesting amendment of the City Zoning Map for
two existing lots consisting of approximately 2.899 acres and the accompanying adjacent
right-of way from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density).
Property is located on the northeast corner of South 19th and West Kagy Boulevard.
Application 22249(Rogers)
H.FYI/Discussions
H.1 Upcoming Items Expected for January 9, 2023 Community Development Board
Meeting(Saunders)
H.2 Montana Planning Board Member's Handbook(Saunders)
I.Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche
repository.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-
2301).
In order for the City Commission to receive all relevant public comment in time for this City Commission
meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting
as well.
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Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter, Community Development Technician
Lacie Kloosterhof, Community Development Office Manager
Anna Bentley, Community Development Director
SUBJECT:Approval of Minutes
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve meeting minutes from December 5, 2022.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:Approv
FISCAL EFFECTS:None
Attachments:
CD Board Meeting Minutes 12-05-2022.pdf
Report compiled on: December 14, 2022
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 1 of 6
COMMUNITY DEVELOPMENT ADVISORY BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
December 05, 2022
Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes,
Stephen Egnatz, Jennifer Madgic
Absent: Padden Guy Murphy
A) 00:07:05 Call to Order - 6:00 pm
B) 00:07:13 Disclosures
No disclosures
C) 00:07:30 Changes to the Agenda
Director Anna Bentley asks the board to continue action item H.3 on January 23, 2023.
Director Anna Bentley announces that Chris Saunders will be presenting in place of Susana
Montana.
D) 00:08:06 Approval of Minutes
Approval of Minutes
CD Board Meeting Minutes 11-21-2022.pdf
CD Board Meeting Minutes 11-07-22.pdf
00:08:15 Motion to approve D) Approval of Minutes
Gerald Pape: Motion
Jennifer Madgic: 2nd
00:08:37 Vote on the Motion to approve D) Approval of Minutes The Motion carried 8 - 0.
Approve:
Gerald Pape
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 2 of 6
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
E) 00:09:21 Consent Items
E.1 Nexus Point Major Subdivision Preliminary Plat; Project No. 22246
22246 Nexus Point PP CDB Memo.pdf
22246 Nexus Point Preliminary Plat.pdf V3.pdf
2246 Nexus Point PP CDB Staff Report.pdf
00:09:48 Public comment
No public comment.
00:10:30 Motion to approve I move to approve consent item E.1 as submitted.
Jennifer Madgic: Motion
Nicole Olmstead: 2nd
00:10:57 Vote on the Motion to approve I move to approve consent item E.1 as submitted. The Motion
carried 8 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
F) Public Comments
General public comment was not offered.
G) Special Presentations
No special presentations.
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 3 of 6
H) 00:11:45 Action Items
H.1 Ferguson Farms II Preliminary PUD, 31 acres located at 4250 Fallon Street (northwest
corner of Ferguson Ave and Huffine Ln), Application 19028
Attachment 1 Applicant Narrative.pdf
Attachment 1-A Relaxations & Justifications.pdf
Attachment 2 Design Manual draft 07 14 22.pdf
Attachment 3 Relaxation Graphic.pdf
Attachment 4 Building Height Diagram.pdf
Attachment 5 Landscape Plan.pdf
Attachment 6 Neighborhood Center Plan.pdf
Attachment 7 Conceptual Land Use Distribution.pdf
19028 FF II P PUD CDB staff rpt 11 23 22.pdf
00:12:49 Community Development Manager Chris Saunders presents to the board.
H.2 Ferguson Farms II Major Subdivision Preliminary Plat application, 31 acres located at
4250 Fallon Street (northwest corner of Ferguson Ave and Huffine Ln), Application
19027
Attachment 1 Applicant Narrative 089 26 22.pdf
Attachment 2 Neighborhood Center Plan 08.29-2019.pdf
land use map.pdf
001 Preliminary Plat Page 1.pdf
002 Preliminary Plat Page 2.pdf
003 Preliminary Plat Page 3.pdf
004 Preliminary Plat Page 4.pdf
19027 FF II PP CDB staff rpt 11 23 22.pdf
00:22:50 Community Development Manager Chris Saunders presents to the board.
00:26:40 Community Development Manager Chris Saunders answers questions from the board.
00:37:55 Applicant Michael D presents to the board
00:48:42 Architect Tyler Steinway presents to the board.
01:05:34 Architect Tyler Steinway answers questions from the board.
01:47:14 Public comment, no commenters.
01:48:11 Chris Saunders answers questions from the board.
01:51:15 Motion to approve Recommend approval of the Ferguson Farms II Preliminary PUD to the City
Commission with staff-recommended conditions and code provisions.
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 4 of 6
Nicole Olmstead: Motion
Gerald Pape: 2nd
Motion did not carry vote.
02:20:41 Motion to amend The prior motion to recommend approval of H.1 to state: "To take the
motion on the floor and add at the ending, however, and also subject to the design review boards' belief
that 100%, deviation #10 which provides for 100% surface parking should not be approved. That the
design review board believes that the project would be improved by multi story parking on site to deal
with some of the parking requirements. That some additional residential development should be
included and that the sky bridge should be substantially landscaped."
Henry Happel: Motion
Jennifer Madgic: 2nd
02:26:05 Vote on the Motion to amend The prior motion to recommend approval of H.1 to state: "To take
the motion on the floor and add at the ending, however, and also subject to the design review boards'
belief that 100%, deviation #10 which provides for 100% surface parking should not be approved. That the
design review board believes that the project would be improved by multi story parking on site to deal with
some of the parking requirements. That some additional residential development should be included and
that the sky bridge should be substantially landscaped." The Motion failed 1 - 7.
Approve:
Henry Happel
Disapprove:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
John Backes
Stephen Egnatz
Jennifer Madgic
02:27:17 Motion to amend Initial motion to approve H.1. Having reviewed and considered the
application materials, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application 19028. Except for the recommendation to approve
deviation #10. And move to recommend approval of Ferguson Farms II preliminary PUD application to
the City Commission subject to staff recommended conditions and all applicable code provisions and
further subject to determination on Article IV standards, modifications by the director of transportation
and engineering.
Nicole Olmstead: Motion
John Backes: 2nd
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 5 of 6
02:30:48 Vote on the Motion to amend Initial motion to approve H.1. Having reviewed and considered the
application materials, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application 19028. Except for the recommendation to approve deviation
#10. And move to recommend approval of Ferguson Farms II preliminary PUD application to the City
Commission subject to staff recommended conditions and all applicable code provisions and further
subject to determination on Article IV standards, modifications by the director of transportation and
engineering. The Motion carried 8 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
02:31:49 Motion to approve Recommend approval of the Ferguson Farms II Preliminary Plat to the City
Commission with staff-recommended conditions of approval and code provisions. Relating to
application 19027.
Gerald Pape: Motion
Stephen Egnatz: 2nd
02:33:05 Vote on the Motion to approve Recommend approval of the Ferguson Farms II Preliminary Plat
to the City Commission with staff-recommended conditions of approval and code provisions. Relating to
application 19027. The Motion carried 8 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
H.3 MSU Innovation Campus Growth Policy Amendment to Amend the Future Land Use
Map from Public Institutions to Regional Commercial and Services on Approximately 42
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Bozeman Community Development Advisory Board Meeting Minutes, December 05, 2023
Page 6 of 6
Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue,
Application 22282
Item was removed from the agenda, refer to section C Changes to the Agenda.
I) 02:33:29 FYI/Discussions
02:38:32 Motion to continue Action item H.3 on January 23rd, 2023.
Gerald Pape: Motion
Jennifer Madgic: 2nd
02:39:47 Vote on the Motion to continue Action item H.3 on January 23rd, 2023. The Motion carried 8 -
0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Henry Happel
John Backes
Stephen Egnatz
Jennifer Madgic
Disapprove:
None
02:39:56 Community Development Director Anna Bentley presents an FYI item to the board.
02:43:08 Board member Pape presents to the board.
I.1 Upcoming Items Expected for December 19, 2022 Community Development Board
Meeting
J) 03:00:37 Adjournment
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Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Associate Planner
Anna Bentley, Community Development Director
SUBJECT:
Design recommendation regarding South University District Block 2 site plan
proposal for a total of 162 homes in phase 3 of the South University District
Subdivision, NE of the corner of South 19th Avenue and Stucky Rd.,
Application 22238
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Recommend approval of the site plan with conditions, application 22238, to
the Community Development Director as presented and provide design
recommendations and Board Member discussion.
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:
This review is in front of the Community Development Board in their
capacity as the Design Review Board (DRB). The Bozeman Municipal Code
(BMC) 38.230.040 sets the thresholds for projects that need the review of
the DRB, or Community Development Board, and this project exceeds those
thresholds. The DRB was established to provide design recommendations
regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community
development board established pursuant to Resolution No. 5330 shall act as
the design review board for all purposes under this Code. The design review
board (DRB) is established to evaluate aesthetic considerations of larger
and more complex proposals which are likely to produce significant
community impact and to provide recommendations regarding such
proposals to the review authority, subject to the provisions of chapter 38.”
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Chapter 38, Article 5 provides code provisions regarding those aesthetic
considerations. Those include Block Frontage (38.510), Site Planning and
Design Elements (38.520), Building Design (38.530), Parking (38.540),
Landscaping (38.550), Signs (38.560), and Lighting (38.570).
Sections 7a through 7g of the staff report attached discuss these code
provisions.
The property has been annexed, zoned, and subdivided with previous review
by the Planning Board, Zoning Board, and City Commission and approval is in
place. Discussion of land use policy, zoning, and community design is
irrelevant to this meeting. The purpose of this meeting is the proposed
design contained in the applications.
A site plan application to construct 162 homes in rowhouse, motor court rowhouse,
and apartment building designs. The rowhouses will contain 80 homes in 16
buildings in 5-unit attached rows in two primary designs. The 5 motor court
rowhouse structures consist of 8 units each and are designed as rowhouses
wrapped around a central drive access. There is also one 42-unit apartment
building fronting on South 17th Avenue. In addition to the 22 proposed
buildings, the site development includes garage parking accessed from
interior drive aisles, surface parking both covered and uncovered, sidewalks,
landscaping, open space, and other associated site improvements.
There are currently a handful of corrections that staff is reviewing prior to
this application receiving adequacy and moving to public notice. These are
not unresolved issues. These corrections are not related to overall building
and site design which may still be evaluated by the DRB, but do include
adjacent park design, bike racks, landscaping design for blank wall
treatments (apartments only), parking calculations (updated for Ord. 2105),
and usable open space boundaries. If corrections are pending review, they
will be identified in the staff report. There are currently no remaining
corrections from engineering and all community design requirements
including transportation facilities and access, grading, drainage, utilities, and
easements are found to be adequate with conditions and code provisions.
The full application can be viewed at these Laserfiche Links:
Application 22238 South University District Block 2 Site Plan
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UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the Community Development Board
FISCAL EFFECTS:Unknown at this time
Attachments:
22238 DRB Staff Report.pdf
Report compiled on: December 12, 2022
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 1 of 23
Application No. 22238 Type Site Plan
Project Name South University District (SUD) Block 2 SP
Summary A site plan application to construct 162 homes in rowhouse, motor court rowhouse, and
apartment building designs. The rowhouses will contain 80 homes in 16 buildings in 5-unit
attached rows in two primary designs. The 5 motor court rowhouse structures consist of 8
units each and are designed as rowhouses wrapped around a central drive access. There is
also one 42-unit apartment building. In addition to the 22 proposed buildings, the site
development includes garage parking accessed from interior drive aisles, surface parking
both covered and uncovered, sidewalks, landscaping, open space, and other associated site
improvements.
There are currently a handful of corrections that staff is reviewing prior to this application
receiving adequacy and moving to public notice. These are not unresolved issues. These
corrections are not related to overall building and site design which may still be evaluated by
the DRB, but do include park design, bike racks, landscaping design for blank wall treatments
(apartments only), parking calculations (updated for Ord. 2105), and usable open space
boundaries. If corrections are pending review, they will be identified in the staff report. There
are currently no remaining corrections from engineering and all community design
requirements including transportation facilities and access, grading and drainage, utilities,
and easements are found to be adequate with conditions and code provisions.
Zoning REMU Growth Policy Residential Mixed Use Parcel Size 8.6 Acres
Overlay District(s) None
Street Address TBD, NE of the corner of Stucky Rd and South 19th Avenue in SUD Phase 3
Legal Description South University District Phase 3, Block 2, Lot 1, S24, T02 S, R05 E, of P.M.M., City of
Bozeman, Gallatin County, State of Montana. Plat J-695.
Owner CV QOZP Stucky Bozeman, LLC, 802 N. 3rd Avenue, Phoenix, AZ 85003
Applicant Same as Owner
Representative Intrinsik Architecture, Inc., 106 E. Babcock St., Suite 1A, Bozeman, MT 59715
Staff Planner Danielle Garber Engineer Simon Lindley
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
TBD
TBD TBD N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
TBD TBD
Design Review Board 12/19/22 TBD
Recommendation The application does not comply with the requirements of Chapter 38 of the Bozeman Municipal Code
(BMC) and is inadequate for further review. Code corrections must be satisfied prior to continued
review.
Decision Authority Director of Community Development Date TBD
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 2 of 23
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public
notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in
this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 162 homes in rowhouse, motor court
rowhouse, and apartment building designs in South University District Phase 3. The purposes of the Site Plan review were to
consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the
proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the
application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were
provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38,
Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period
defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if
certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this
application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed
in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in
the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this
development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC.
On this ______ day of _______________2022, Anna Bentley, Director of Community Development, approved with conditions
this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying
an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision
as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 3 of 23
DRAFT CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. Phasing as noted on drawing sheet SP001 represents the order of construction for all buildings and portions of the
site improvements. All shared site improvements including access, parking, open space, bicycle parking, walkways,
and stormwater must be installed with the first phased building prior to occupancy of any structures with each
sequenced area. Landscaping may be financially guaranteed to accommodate construction and seasonality.
3. Per the South University District Final Plat (J-695) condition of approval 1, Certificate of Occupancy will not be
issued for lot 1, block 2 of the South University District Phase 3 Subdivision until all required on and off site
improvements for South University District Phase 3 Subdivision are completed and accepted by the City of
Bozeman in accordance with the accepted "Phasing Improvements Plan for South University District Phase 3
Subdivision" (April 2021), or as established in subsequent City review.
4. The subject property is located within the Meadow Creek Subdivision Signal and Water payback district boundary. If
the subject property did not participate in the original cost of construction of improvements the subject property will
be accessed a payback charge prior to final plan approval.
5. Approval of the park master plan amendment by the Parks and Recreation Director is required prior to final plan
approval.
6. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants to provide most
recent park plans and request meeting at least 30 days prior to commencement of parkland construction.
7. Stormwater facilities and open spaces will be owned and maintained by the Property Owners Association.
Documentation must be provided prior to occupancy.
8. All park wells, irrigation infrastructure, and water rights must be transferred to and owned by the City of Bozeman
prior to occupancy.
DRAFT CODE PROVISIONS
1. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan
approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final
total based on estimated annual municipal water demand.
2. BMC 38.270.030.D - Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, if the criteria listed in this section are met.
Provide concurrent construction approval prior to building permit approval.
3. BMC 38.270.040.A - Parkland and improvements associated with Block 2 will need to be completed or financially
guaranteed before occupancy is granted. Contact Matthew Lee, mjlee@bozeman.net with any questions.
4. BMC 38.410.060 – The utility easement must expand the legal description to match the legal description on the
water and sewer easement document. Please remove the words "preliminary draft" from both easement exhibits
and submit exhibits signed and stamped by the professional land surveyor. Prior to final site plan approval please
submit revised executed hard copies of the easement documents and exhibits to the review engineer for
commission approval and filing with the county clerk.
5. BMC 38.420.020.D The Parks Department will assume parkland maintenance responsibility upon final acceptance
of improvements.
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 4 of 23
6. BMC 38.400.070 - Street Lighting: The required public street light(s) must be included in a Special Improvement
Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to
occupancy.
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 5 of 23
Figure 1: Current Zoning Map
17
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 6 of 23
Figure 2: Site Plan
18
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 7 of 23
Figure 3: General Civil Plan
19
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 8 of 23
Figure 4: Phasing Plan
20
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 9 of 23
Figure 5: Open Space Plan
21
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 10 of 23
Figure 6: Landscaping Plan
22
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 11 of 23
Figure 7: Exterior Elevations Rowhomes (5 design)
Figure 8: Perspectives Rowhomes (5 design)
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Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 12 of 23
Figure 9: Exterior Elevations Rowhomes (5A design)
Figure 10: Perspectives Rowhomes (5A design)
24
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 13 of 23
Figure 11: Exterior Elevations Motorcourt Rowhomes
Figure 12: Perspectives Motorcourt Rowhomes
25
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 14 of 23
Figure 13: Exterior Elevations Apartments
26
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 15 of 23
Figure 14: Perspectives Apartments
27
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 16 of 23
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth
Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Residential Mixed Use Yes
Zoning REMU, Residential Emphasis Mixed Use District Yes
Comments: The project conforms to the requirements of the REMU zoning district. The 2020 Community
Plan designation of Residential Mixed Use correlates with the REMU zoning district. The proposed project
conforms to this designation by providing urban density homes within the correlated zoning district at
acceptable densities.
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Condominium ownership No
Comments: Additional steps will be required including but not limited to review of building permits. The
Building Division of the Department of Community Development will review the requirements of the
International Building Code for compliance at the time of building permit application.
3. Conformance with Article 2, including the cessation of any current violations
(38.200.160)
Meets Code?
Current Violations None Yes
Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and
plan review for applicable permit types (38.230)
Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development
38.230.020.B
No. of phases: 4 Yes
Comments: This project is to be completed in 4 phases for the purposes of occupancy. This plan is
located in SP001-Sequencing Plan. Phase 1 includes the apartments, and rowhome structures G, H, M,
N, O, and P including access, utilities and parking from State St., Stucky Rd., and S. 17th Ave. Phases 2-
6 each represent the northwest, southwest, and southeast corners of the site and access from the
internal drive. Phase 2 is proposed to build motor court rowhouses A and B, and rowhome structures C,
D, E, and F. Phase 3 is proposed to build motor court rowhouses Q and R, and rowhome structures I, J,
K, and L. Phase 4 is proposed to build rowhome structures S, T, and U. Each phase must provide all
functional amenities including landscaping, open space, parking, bicycle parking, and walkways to a
public sidewalk and internal resources. Landscaping may be financially guaranteed to accommodate
construction and seasonality.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use
Permit) 38.230.120
NA
Comments: No conditional or special uses are proposed.
28
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 17 of 23
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Rowhouses & Apartments Yes
Form and intensity standards 38.320
Zoning: REMU Setbacks (feet) Structures Parking /
Loading
Yes
Front Block Frontage 10-15
Rear 10 NA
Side 5 NA
Alley NA NA
Comments: Rowhouses and apartments are primary uses within the REMU district. The proposed project
is meeting setback requirements for the REMU district and the Mixed block frontage designation across
the sites 4 street frontages. The building placement meets the 10-15 foot front setback requirements and
5-foot side setback requirements. No rear yards are present.
Lot coverage 28.7% Allowed 75% Yes
Building height 10:12 – 40’ 3” (5)
Flat – 35’ 6” (5A)
10:12 – 40’ 4” (MC)
4-stories (Apt.)
Allowed 35-feet
44-feet
5-stories
Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design.
The design 5 rowhouses have a roof pitch of 10:12 feet and a height of 40” 3”, with an allowable height of 44-
feet. The design 5A rowhouses have a flat roof with an allowable height of 35’ and an overall height of 35’ 6”,
with an allowable parapet encroachment. The Motor court rowhouses (MC) have a roof pitch of 10:12 and a
height of 40’ 4”, with an allowable height of 44-feet. The apartment building is at 4-stories, with a 5-story
maximum.
Applicable zone specific or overlay standards 38.330-40 Yes
Comments: The project is not within an overlay district, but is within the REMU district special standards.
The project is meeting the following applicable standards:
Street and circulation standards. The buildings are oriented with front facades facing the street
as specified in the applicable block frontages. Shared drive accesses are utilized. No parking is
proposed within front setbacks.
Site planning and design element standards. The project is meeting the site planning design
requirements. See Section 7b below.
Open space standards. The applicant is proposing open space for the apartment building that
meet the requirements of this section that the private residential open space be urban in nature
with a plaza, hardscaping, planters, and furniture with a plaza adjacent to a landscaped dog run,
as well as interior private recreational areas. The remaining open space areas follow the
rowhouse standards below for private adjacent open space.
Building standards. The application is meeting requirements for building design, see section 7c
below.
Landscaping and lighting, see 7e and 7f below.
General land use standards and requirements 38.350 Yes
Comments: Roof parapet encroachments are meeting code standards.
Applicable supplemental use criteria 38.360 Yes
Supplemental
uses/type
Townhouse and rowhouse dwellings TBD
Comments: Standards for usable open space and building design for rowhouse dwellings are triggered
with this application. Usable open space is provided via landscaped porch and patio areas that meet the
dimensional and area requirements required in this section. A correction is still pending review related to
29
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 18 of 23
removing the wall mounted individual unit heat pumps from the calculated open space area on each
porch. Building design meets the articulation requirements of this section for all three rowhouse types. All
three types utilize vertical design elements, material changes, windows, and entries to differentiate units.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with
the proposed uses.
6a. Conformance with Article 4 - Community Design Provisions: Transportation
Facilities and Access (38.400)
Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 NA
Access easements NA
Level of Service
38.400.060
Yes Transportation grid adequate to serve
site
Yes
Comments: Adjacent streets exist to serve the site, no additional dedication is needed. A new traffic
impact study was required by the Engineering Division. Peak-hour trip generation was provided by the
Applicant to ensure that the proposed project would not exceed the original assumed trip estimates
reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site
was evaluated by engineering. The applicant is advised that no capacity improvements to South 19th
Avenue will be required with the block 2 site plan. The applicant and design team are advised that the
improvements shown within the supplemental TIS have been noted by City staff and will be addressed as
a larger capital improvement project addressing the missing leg of South 19th as well as Stucky Road in
FY28. The applicant is advised that existing or future development within the region may be subject to a
City created SID, payback district, or other City created financial mechanism to address transportation
capacity related issues as the City continues to grow.
Sidewalks 38.400.080 Yes
Comments: Sidewalks both within and adjacent to the site along all street frontages are provided in the
application.
Drive access 38.400.090 Access to site: 3 Yes
Fire lanes, curbs, signage and striping Yes
Comments: The site accesses are proposed from State Street, South 17th Avenue, and Stucky Road. All
circulation and parking is provided internally. A primary north-south access between state Street and
Stucky Rd is proposed to be named South 18th Ave., but will be privately maintained and will be partially
lined with perpendicular parking spaces. A public street is not required per the City’s block length
standards. A collection of unnamed north-south and east-west drive aisles are proposed to serve the site.
Primary east-west and north-south pedestrian corridors through the site will connect the buildings
internally and provide frontage to internal units.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 NA
Pedestrian access easements for shared use pathways and similar transportation
facilities
NA
Public transportation 38.400.120 NA
Comments: No transportation pathways or public transportation facilities are proposed with this
application.
6b. Conformance with Article 4 – Community Design Provisions: Community
Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
30
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 19 of 23
Comments: This project does not trigger neighborhood center requirements.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: This project does not trigger lot and block standards.
If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area
NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Comments: Requirements were reviewed by engineering and CIL of water rights is required to be paid by the
applicant. A draft utility easement for public and private utilities was provided by the applicant and must be
recorded prior to final plan approval.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have
been reviewed by engineering.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA
Comments: No surface ponds are proposed. In general, grades will be sloped away from buildings towards
interior drive aisles. The sub drainage areas typically drain north via valleyed drive aisles that convey runoff
to inlets and storm drains connected to subsurface retention/infiltration systems located within the drive
aisles or landscape areas. Prior to infiltration into the native gravels below the systems, stormwater runoff
will be treated through sediment removal in the pretreatment chambers. Location, design and capacity of
stormwater facilities was reviewed by engineering.
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A TBD
Cash donation in lieu (CIL) 38.420.030 TBD
Improvements in-lieu TBD
Comments: Parkland was provided with the subdivision per the applicant’s calculations provided in the
application. The applicant for Block 2 is required with the master site plan to improve the nearby parkland
as a condition of approval. A draft master park plan amendment was provide by the applicant to further
refine this condition and facilitate park design with the City. The area assigned to Block 2 is 2.65 acres or
19.8% of Park 3 within the SUD subdivision. The provided parkland that qualifies for park development is
1.90 acres, a shortage of 0.17 acres below the required area. The equivalent cash or improvements-in-
lieu amount for the shortage is $17,031.96. Based on the project’s density an additional 1.03 acres is
needed, with a cash equivalent of $103,193.64. The total cash or improvements-in-lieu required is
$120,225.60. The calculations, park improvements, and park plan are currently under review by the
Parks Department.
Park Frontage 38.420.060 NA
Park development 38.420.080 TBD
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South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 20 of 23
Recreation pathways 38.420.110 TBD
Park/Recreational area design TBD
Comments: The location of the park was platted with the South University District subdivision. Park,
pathway, and development design is under review with the Parks Dept. Master Park Plan approval is
required prior to final plan approval. Completion of improvements-in-lieu is required prior to occupancy.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Mixed-Landscaped & Special Residential Yes
Departure criteria None Yes
Comments: To meet the special residential frontage requirements the application is proposing to utilize both
the raised porch and 10-foot setback options. Rowhouse buildings G, M, and H utilize the raised porch
option (see sheet C1.0 for building identification). The code requires the porch to be at least 60 square feet
in area and raised at least 1-foot above grade. The enlarged patio legend, sheet SP108B, provides an
enlarged patio plan for building M, the detail shows 150 square foot patios raised 1-foot above grade,
meeting the requirements of this section. The remaining rowhouse units are separated from pedestrian paths
via the 10-foot setback options from the sidewalk and meet this code section. All four street block frontages
surrounding this block are designated mixed, with the applicant designing to the mixed-landscaped standard.
Rowhouses of 5 attached units or more are subject to the block frontage standards. The apartment building
is also subject to the mixed-landscaped standard. Residential buildings are required to provide 15%
transparency along the entire façade and all rowhouse designs are meeting that standard. The apartment
building is required to provide the same transparency standard and is meeting the requirement. All rowhouse
buildings are placed 10-15 feet from the property line, meeting the mixed building placement standards. All
rowhouses facing a street are providing the necessary building entrances and weather protection. The
apartment building provides a primary entrance at the northeast corner of the building with at least 5-feet of
weather protection. Parking location, landscaping, and sidewalk width are all met with the proposed buildings
and site.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 NA
Non-motorized circulation and design systems to enhance convenience and safety
across parking lots and streets, including, but not limited to paving patterns, pathway
design, landscaping and lighting 38.420.040
Yes
Comments: Primary east-west and north-south pedestrian corridors through the site will connect the
buildings internally to all site amenities and provide frontage to internal units. Concrete crosswalks are
proposed where these walkways cross internal drive aisles. All perimeter units will have a direct
pedestrian connection to the street.
Design of vehicular circulation systems to assure that vehicles can move safely and
easily both within the site and between properties and activities within the general
community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: South 18th Avenue is an internal roadway and is proposed with sidewalks and street trees
meeting this design standard (See sheet L300 Boulevard & Parking Lot Planting). In addition to the South
18th Ave. drive access, a collection of unnamed north-south and east-west drive aisles are proposed to
serve the site.
32
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 21 of 23
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes TBD
Parking requirements residential 38.540.050.A.1 251
Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential
38.540.050.A.2
NA
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 303
Provided on-street 27
Bicycle parking 38.540.050.A.4 86 Yes
Comments: Ordinance 2105 made changes to required parking numbers, calculated by bedroom, with it’s
passage and enactment in November. Since this project was not yet adequate, staff asked the applicant
to update the parking numbers to meet the new code standards. Parking is proposed to be provided
within residential garages attached to each rowhome, in parking lots both covered and uncovered, and
within the parking garage in the apartment building. Each stall provided off-street meets the stall, aisle,
and driveway design requirements of Section 38.540.020. Bicycle parking is to be provided in the
On-site open space 38.520.060
Total required 4,500 square feet Yes
Total provided 5,733 square feet TBD
Comments: The 42 unit apartment building is required to provide 4,500 square feet of usable open
space. 3,815 square feet of open space is proposed via a fenced and landscaped dog run to the west of
the apartment building. The remaining is proposed as indoor recreational areas with the exercise and
fitness rooms, golf simulator space, dog/bike wash room, and two hot tubs. These areas total 1,918
square feet and meet the requirements of this section. There is a remaining correction related to
exclusion of planting beds used to screen utility meters within the shared open space area.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by a combination of juniper plants. Solid waste will be
collected via a series of solid waste enclosures that meet the requirements of this section. Adequate
landscaping is proposed surrounding solid waste enclosures.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development 38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 TBD
Comments: Rowhouse articulation is also detailed above. All three rowhouse types utilize vertical design
elements, material changes, windows, and entries to differentiate units. The apartment building
differentiates between the main level, which contains the residential lobby, storage units, open space
areas, and structured parking, and the upper level residential units with materials, storefront windows and
articulation. The upper level is separated into three modules. The two outermost modules are about 25-
feet wide and are comprised of contrasting materials and roof height to the middle modules. The middle
module articulates the façade with material breaks and use of windows and balconies every 20-feet or so.
The application meets the massing and articulation standards of this section. Exterior materials are
primarily corrugated steel in different colors, with accents of natural wood shiplap, and fiber cement
panels. The application meets the building material standards of this section with the correct gauge of
metal siding and use of high quality materials. There is a remaining correction related to blank wall
treatments along the west side of the apartment building.
33
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 22 of 23
residential lobby within the apartments, and on-site for the rowhomes. The required parking calculation
(detailed above) and location of bicycle parking spaces across the site remains to be evaluated by staff.
Loading and uploading area requirements 38.540.080 NA
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA
Comments: NA
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes
Additional screening TBD
Street frontage Yes
Street median island Yes
Acceptable landscape materials Yes
Protection of landscape areas NA
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The provided landscaping plan conforms to standards except staff is still evaluating where
additional screening is to be provided to mitigate blank walls, and screen utility meters.
Landscaping of public lands 38.550.070 Yes
Comments: Street trees will be provided along all frontages. Tree spacing and species selection was
reviewed by the Forestry Division.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA
Proposed SF/building NA NA
Comments: No signage is proposed with this application or required for residential uses. Signs permits must
first be obtained prior to the installation of any residential identification signs.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: Proposed lighting products include porch lighting concealed under awnings, shielded bollards
at walkways, streetlights, and mounted wall packs. All proposed lighting meets the cutoff and intensity
requirements of this section.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: NA
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment TBD
Comments: A public notice period has not yet been conducted.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA
Required easements Yes
Comments: No lot line adjustments are triggered by this application. Utility easements are required to be
submitted prior to final plan approval.
34
Staff Report
South University District Block 2 Site Plan
Application No. 22238
December 12, 2022
Page 23 of 23
35
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Community Development Director
SUBJECT:The East Main zone map amendment requesting amendment of the City
Zoning Map for an existing lot consisting of approximately 1.5 acres and the
accompanying adjacent right-of way from B-2 (Community Business District)
to B-2M (Community Business District-Mixed). Property addressed at 1200
East Main Street. Application 22184
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22184 and move to recommend
approval of the East Main Zone Map Amendment, with contingencies
required to complete the application processing.
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 owner and representative, Western Heritage Ownership, LLC, 1200 East
Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture
submitted an application to rezone an approximately 1.5 acre parcel from B-
2 to B-2M. The property currently hosts the Western Heritage Inn located at
1200 East Main Street.
East Main Street is a designated Principal Arterial street according to the
Bozeman Area Transportation Plan, 2017 Update. Montana Department of
Transportation (MDT) has jurisdictional authority on this roadway.
No future development plans were submitted or required with the
application.
The primary differences between the B-2 and B-2M districts are slight
differences in building height, more permissive residential use, and
reduction of parking requirements. Building height in the B-2 district is
between 50-60 feet, depending on roof pitch. Building height in B-2M is five
(5) stories or 60 feet. Residential use is allowed on the ground floor without
36
a Conditional Use Permit in the B-2M zone and may be permitted in the B-2
district with an approved CUP.
Zone edge transition standards will apply in this location. If approved, the B-
2M zoning will abut an R-1 zone. Pursuant to section 38.320.060.A.2, BMC,
specific transitions must be adhered to with any proposed development on
the property.
The Community Development Board is reviewing this application in their role
as the Zoning Commission. Section 76-2-307 of state law requires the Zoning
Commission to make a recommendation to the City Commission on all
zoning text and zoning map changes.
Section 76-2-304 of state law establishes the criteria for amendments to
zoning text and the zoning map. Section 4 of the staff report attached
discusses these criteria.
All application materials are applicable to the review criteria.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
22184 East Main ZMA CDB SR.pdf
Report compiled on: December 12, 2022
37
Page 1 of 32
22184, Staff Report for the East Main Zone Map Amendment
Public Hearing Date(s):
Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on December 19, 2022 at 6:00 pm.
City Commission public hearing will be held on January 10, 2023 at 6:00 pm.
Project Description: The East Main zone map amendment requesting amendment of the City
Zoning Map for an existing lot consisting of approximately 1.5 acres and the
accompanying adjacent right-of way from B-2 (Community Business District) to B-2M
(Community Business District-Mixed). Property addressed at 1200 East Main Street.
Project Location: The property is addressed as 1200 East Main Street, more particularly
described as a Tract 4A of the Amended Subdivision Plat C-23-R (Northern Pacific
Addition) and adjoining East Main Street Right-of-Way, located in the West One-Half (W
½) of Section 8, Township Two South (T2S), Range Six East (R6E) of P.M.M., Gallatin
County, Montana.
Recommendation: Meets standards for approval
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22184 and move to
recommend approval of the East Main Zone Map Amendment, with contingencies
required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the findings presented
in the staff report for application 22184 and move to approve the East Main Zone Map
subject to contingencies required to complete the application processing.
Report Date: December 8, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
38
22184 Staff Report for the East Main Zone Map Amendment Page 2 of 32
Project Summary
The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street,
Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone
a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western
Heritage Inn located at 1200 East Main Street.
East Main Street is a designated Principal Arterial street according to the Bozeman Area
Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has
jurisdictional authority on this roadway.
No future development plans were submitted or required with the application.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
Zone edge transition standards will apply in this location. If approved, the B-2M zoning will
abut an R-1 zone. Pursuant to section 38.320.060.A.2, BMC, specific transitions must be
adhered to with any proposed development on the property.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262084
No comment has been received on this application.
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
39
22184 Staff Report for the East Main Zone Map Amendment Page 3 of 32
TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................1
Unresolved Issues................................................................................................................1
Project Summary .................................................................................................................2
Alternatives..........................................................................................................................2
SECTION 1 - MAP SERIES.....................................................................................................4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .....7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.........................................7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS..............8
Section 76-2-304, MCA (Zoning) Criteria..........................................................................8
PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................19
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............20
APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................20
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................21
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................34
FISCAL EFFECTS..................................................................................................................34
ATTACHMENTS....................................................................................................................34
40
Page 4 of 32
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map
Subject
property
Lindley
Park
41
22184 Staff Report for the East Main Zone Map Amendment Page 5 of 32
Figure 2: Current Zoning Map
R-1
PLI
M-1B-2
PLI
42
22184 Staff Report for the East Main Zone Map Amendment Page 6 of 32
Figure 3: Future Land Use Designations
Community
Commercial
Mixed Use
Urban
Neighborhood
Public
Institutions
Parks and
Open Lands
43
Page 7 of 32
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of B-2M shall be identified as the “East Main Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “East Main Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on June 15, 2021. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on December 19, 2022 and will forward its
recommendation to the City Commission on the zone map amendment. The meeting will be
held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The
meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on January 10,
2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Zone Map Amendment application. Members of the public will also be able to participate
remotely via WebEx. Instructions for joining the WebEx meeting will be included on the
meeting agenda which is published on the City’s website at least 48 hours prior to the meeting.
44
22184 Staff Report for the East Main Zone Map Amendment Page 8 of 32
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety, and
general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements (criteria D). Therefore, to approve a zone map amendment
the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone
map amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of regulations for land development. Standards which prevent or mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
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The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “The Community Plan Future Land Use Map designates this area as
Community Commercial Mixed Use (CCMU), which authorizes B2M as an implementing
zoning district. This application shows how the proposed ZMA aligns with the
effective Community Plan.
The area to be rezoned includes extensive frontage along East Main Street, a Principal
Arterial. The land use pattern that can be created on such an ideally served parcel would be
able to support a wide range of uses. These include restaurants, retail, offices, mixed use
development, and residential units at higher densities, all within existing Bozeman service
boundaries and developed in close proximity to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile.
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This mix of development at densities appropriate for a growing urban area is therefore
grounded in the merits of the Community Plan. Moreover, the B2M zoning proposed through
this application fosters flexibility to address both current market trends and long term land use
goals for the subject property.
The Community Plan includes several goals and objectives that are broadly served through
this application, including:
Goal R2.3 Make good financial investments that have the potential for economic benefit to
the investor and the broader community both through direct and indirect returns.
Goal N2: Pursue simultaneous emergence of commercial nodes and
residential development through diverse mechanisms in appropriate locations.
N2.3: Investigate and encourage development of commerce concurrent with, or soon after,
residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD2.5 Identify and zone appropriate locations for neighborhood scale commercial
development.
DCD2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.M1.1 Prioritize mixed use land use patterns. Encourage and
enable the development of housing, jobs, and services in close proximity to one
another.
M1.4 Develop safe, connected, and complementary transportation networks
for pedestrians, bicyclists, and users of other personal mobility devices (ebikes, electric
scooters, powered wheelchairs, etc.)”
It should be noted that according to the Tables 38.310.040.A, B, and C there are no differences
in uses between the B-2 and the B-2M zoning districts. There are however, important
differences between the two districts. The primary differences between these two districts is
that B-2M requires less parking for most uses, the ease in which residential uses may be
established on the ground floor, and an increase in building height. The Bozeman Community
Plan 2020 focuses on these differences between the B-2 and B-2M as desired outcomes to
adapt to the needs of the community. This mix of development at densities appropriate for a
growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-
2M zoning proposed through this application fosters flexibility to address both current market
trends and long term land use goals for the subject property.
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Access to the property is provided by an arterial corridor. East Main Street is a designated
Principal Arterial according to the Bozeman Area Transportation Plan, 2017 Update.
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements, which will ensure this criterion
is met. The change from B-2 to B-2M is not likely to adversely impact safety from fire and
other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, and other facilities and services provided by the City. The adopted plans allow
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the City to consider existing conditions; and identify enhancements needed to provide service
to new development. See page 19 of the BCP 2020 for a listing. The City implements these
plans through its capital improvements program (CIP). The CIP identifies individual projects,
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction. Dedication of
school facilities is not required by municipal zoning standards. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. The Development Review Committee considered this request and did not identify
any infrastructure deficiencies that the City cannot resolve in a timely manner with future
development proposals.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all of the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a guarantee
of immediate infrastructure availability or a commitment on the part of the city to bear
the cost of extending services.”
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Criterion met. The property is served by direct connection to East Main Street, a Principal
Arterial, with a bike lane, and sidewalks constructed. Future development will require
improvements to the sidewalk to ensure it accommodates all users.
The lot has direct access to the residential neighborhood to the south. Based on future
development plans a pedestrian connection may be required.
Streamline bus service serves the property with the Purple Line with stops west of the property
near Lindley Park and to the east at the intersection of Highland Boulevard and East Main
Street.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 57, a Transit score of 24, and Bike Score of 73. According to
Walk Score® the walks score measures the walkability of any address based on the distance
to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
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Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the properties as Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The districts were developed by the City to promote appropriate
urban growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
The applicant provides additional support by stating, “… The designation this site as B-2M
offers additional design flexibility to and will offer future development to unfold compatible
with development adjacent to the existing zones. The flexibility offered by B-2M zoning will
allow the site to respond to and meet the demands of the surrounding neighborhoods,
providing complimentary retail, commercial uses, offices, and restaurants to serve the needs
of the community of Central Bozeman. All future design and construction will be compatible
with the UDC site and design standards, further ensuring compatibility for this site.
Furthermore, The Bozeman Community Plan establishes a preferred and compatible
development pattern through the Future Land Use Map, which establishes generalized
expectations for what goes where in the community. Moreover, the UDC explicitly defines
compatible urban growth, which does not require uniformity in order to ensure compatibility.
The City’s zoning ordinances define the uses and development standards associated for
projects proposed under the auspices of each zone. Each zone includes a range of uses that
are appropriate.
The property is designated as Community Commercial Mixed Use on the future land use map,
which allows for B-2M implementing zoning as proposed by the applicant. Based on the land
use map designations and correlated zoning districts in the plan and proposed by the
applicant, the zone map amendment would promote compatible urban growth. Also see the
discussion in (H) below.
Future development under the proposed zoning will look to advance the Actions within the
Climate Plan to create efficient buildings that contain renewable energy generation
infrastructure. Future site planning will look to integrate compact development patterns that
is supported by a variety of transit infrastructure. Future development will additionally
support the Community Housing Action Plan through the provision of additional housing stock
variety and availability.”
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H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development including zone edge transition which would apply in this case. These
will support the ability of future development in the proposed B-2M district to be compatible
with adjacent development’s mixed-use characteristics and uphold the unique character of the
area. The site has an existing commercial building (motel) and associated parking area. There
are a wide variety of uses adjacent to the site including residential and commercial. A review
of the uses allowed in the proposed zones shows many similarities with existing and authorized
uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with
the character of the area.
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated. However, considering the
context of the site with the existing functional transportation system, proximity to large park
area, major streets serving the property, existing city services established, and the variety of
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land uses in the immediate area, the proposed B-2M district allows for more similar
configuration of uses as the surrounding area, even though the B-2M district is a more intensive
district than the existing B-2 zoning generally allows.
As shown in Figure 2, the property is bounded by B-2 zoning on the east, west, and north with
R-1 to the south and southwest. The site includes redevelopment and infill opportunities. The
proposed B-2M district can support many types of urban development that are likely to serve
the immediate area as a result of its location and proximity to residential areas to the south.
Final determination of suitability will occur during the site development process.
J. Conserving the value of buildings.
Criterion met. The site has an existing commercial building, semi-permanent greenhouse
structures, a large associated parking area, and undeveloped areas hosting a considerable
amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development must
comply with the Bozeman Unified Development Code which will ensure an appropriate scale
and intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to the
surrounding character of the district.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed B-2M district, while
other buildings’ values are unlikely to be impacted largely due to a robust real estate market
and lack of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application complies with the BCP 2020 by proposing
zone map amendments of districts that continue to implement the future land use map
designations. In this case, urban mixed-use development have been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that are appropriate to a site’s context and according to the BCP 2020.
Similarly, as stated by the applicant, “The new zoning will allow for higher residential and
commercial densities to be constructed on an infill site in a growing area of Bozeman. The City
is in need of additional housing and retail/commercial services in proximity to
established neighborhoods to accommodate demand and meet additional community
needs. The Community Plan is also supportive of the appropriateness of the possible uses of
the lands encompassed in the ZMA, as has been described in the response to Criteria A (above).
The B2M zoning offers an opportunity to create neighborhood scale commercial development
adjacent to a critical transit corridor and established residential neighborhoods, while
providing for additional site design flexibility (i.e. lower parking requirements).”
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw a
previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street,
Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a
an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western
Heritage Inn located at 1200 East Main Street.
East Main Street is a designated Principal Arterial street according to the Bozeman Area
Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has
jurisdictional authority on this roadway.
No future development plans were submitted or required with the application.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
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2M is 50-60 feet or four (4) or five (5) stories, depending on use. Residential use is allowed on
the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted
in the B-2 district with an approved SUP.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
December 4 and 11, 2022. The Community Development Board hearing is scheduled for
December 19, 2022 and the City Commission public hearing is scheduled for January 10, 2023.
No public comment has been received on this application.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
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zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit”.
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Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REM
U
NEHMU
2 BP M-1 M-2
PLI
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
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Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for on-
premises consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
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22184 Staff Report for the East Main Zone Map Amendment Page 23 of 32
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
PLI
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
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22184 Staff Report for the East Main Zone Map Amendment Page 24 of 32
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing, and
fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
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22184 Staff Report for the East Main Zone Map Amendment Page 25 of 32
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
PLI
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
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22184 Staff Report for the East Main Zone Map Amendment Page 26 of 32
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing* (38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
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22184 Staff Report for the East Main Zone Map Amendment Page 27 of 32
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
PLI
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
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22184 Staff Report for the East Main Zone Map Amendment Page 28 of 32
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
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22184 Staff Report for the East Main Zone Map Amendment Page 29 of 32
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
PLI
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services (38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing and
generation facilities (electric
and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary junior
— — — — — — — — — — P
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22184 Staff Report for the East Main Zone Map Amendment Page 30 of 32
and senior high schools and
hospitals
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
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22184 Staff Report for the East Main Zone Map Amendment Page 31 of 32
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715
Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715
Representative: Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715
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22184 Staff Report for the East Main Zone Map Amendment Page 32 of 32
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262084
69
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Anna Bentley, Community Development Director
SUBJECT:The West Kagy zone map amendment requesting amendment of the City
Zoning Map for two existing lots consisting of approximately 2.899 acres and
the accompanying adjacent right-of way from R-4 (Residential High Density)
to R-5 (Residential Mixed-use High Density). Property is located on the
northeast corner of South 19th and West Kagy Boulevard. Application 22249
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22249 and move to recommend
approval of the West Kagy Zone Map Amendment, with contingencies
required to complete the application processing.
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 owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis
Park, MN 55416 with SMA Architects, 109 East Oak Street, Suite 2E,
Bozeman, MT 59715 acting as Applicant and Representative, submitted an
application to rezone a property totaling 2.889 acres, including adjacent
right-of-way, from R-4 (Residential High Density) to R-5 (Residential Mixed-
use High Density). Although no specific development plans were submitted
with the application the narrative states student housing will be the
proposed use.
The subject property currently hosts the Bozeman Church of Christ building
and associated parking area.
The property is on the corner of West Kagy Boulevard and South 19th
Avenue. Both streets are designated Principal Arterials according to the
Bozeman Area Transportation Plan, 2017 Update.
Both R-4 and R-5 are considered high density residential zoning districts.
Although there are no differences in the type of residential configurations
70
there are differences in intensity and permitted commercial uses. R-5 allows
restaurants and retail as accessory uses to the residential with other
limitations. The R-5 district has fewer lot size (area/width) restrictions which
allows considerable more development on a given property. Lot coverage
and floor area ratios (FAR) are unlimited. Building height is greater which
generally allows an additional story, up to five (5) stories depending on
construction and floor pack configuration.
The City recently approved the Yellowstone Montessori Academy
annexation and rezoning of the property directly to the east encompassing
1.54 acres. The application rezoned the property from County zoning and R-2
to R-4.
The Community Development Board is reviewing this application in their role
as the Zoning Commission. Section 76-2-307 of state law requires the Zoning
Commission to make a recommendation to the City Commission on all
zoning text and zoning map changes.
Section 76-2-304 of state law establishes the criteria for amendments to
zoning text and the zoning map. Section 4 of the staff report attached
discusses these criteria.
All application materials are applicable to the review criteria.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:1. Approve the application;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
22249 W Kagy ZMA CDB SR.pdf
Report compiled on: December 13, 2022
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Page 1 of 30
22249, Staff Report for the West Kagy Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on December 19, 2022 at 6:00 pm.
City Commission public hearing will be held on January 10, 2023 at 6:00 pm.
Project Description: The West Kagy zone map amendment requesting amendment of the
City Zoning Map for two existing lots consisting of approximately 2.899 acres and
the accompanying adjacent right-of way from R-4 (Residential High Density) to
R-5 (Residential Mixed-use High Density). Property is located on the northeast
corner of South 19th and West Kagy Boulevard.
Project Location: The property is addressed as 1825 West Kagy Boulevard and more
thoroughly described as Lot 7, Remington Addition Subdivision and Tract B of the
Amended Plat of Remington Addition Less MDT R/W (I-20A), Located in the
Southwest One-Quarter (SW ¼) of Section 3, Township Two South (T2S), Range
Five East (R5E) of P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Community Development Board Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 22249 and
move to recommend approval of the West Kagy Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented
in the staff report for application 22249 and move to approve the West Kagy Zone
Map Amendment, with contingencies required to complete the application
processing.
Report Date: December 13, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
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22249 Staff Report for the West Kagy Zone Map Amendment Page 2 of 30
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN
55416 with SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 acting as
Applicant and Representative, submitted an application to rezone a property totaling 2.889
acres, including adjacent right-of-way, from R-4 (Residential High Density) to R-5
(Residential Mixed-use High Density). Although no specific development plans were
submitted with the application the narrative states student housing will be the proposed use.
The subject property currently hosts the Bozeman Church of Christ building and associated
parking area.
The property is on the corner of West Kagy Boulevard and South 19th Avenue. Both streets are
designated Principal Arterials according to the Bozeman Area Transportation Plan, 2017
Update.
Both R-4 and R-5 are considered high density residential zoning districts. Although there are
no differences in the type of residential configurations there are differences in intensity and
permitted commercial uses. R-5 allows restaurants and retail as accessory uses to the
residential with other limitations. The R-5 district has fewer lot size (area/width) restrictions
which allows considerable more development on a given property. Lot coverage and floor area
ratios (FAR) are unlimited. Building height is greater which generally allows an additional
story, up to five (5) stories depending on construction and floor pack configuration.
The City recently approved the Yellowstone Montessori Academy annexation and rezoning of
the property directly to the east encompassing 1.54 acres. The application rezoned the property
from County zoning and R-2 to R-4.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=269454&dbid=0&repo=BOZEMAN
No public comment has been received.
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22249 Staff Report for the West Kagy Zone Map Amendment Page 3 of 30
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on December 19, 2022. A summary of the meeting will be provided after
the conclusion of the meeting.
Alternatives
1. Approve the application;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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22249 Staff Report for the West Kagy Zone Map Amendment Page 4 of 30
TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................2
Unresolved Issues................................................................................................................2
Project Summary .................................................................................................................2
Community Development Board (Zoning Commission) Summary....................................3
Alternatives..........................................................................................................................3
SECTION 1 - MAP SERIES.....................................................................................................5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT .....9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.........................................9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............10
Section 76-2-304, MCA (Zoning) Criteria........................................................................10
PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................21
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............22
APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................23
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................30
FISCAL EFFECTS..................................................................................................................30
ATTACHMENTS....................................................................................................................30
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Page 5 of 30
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map
Subject
property
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22249 Staff Report for the West Kagy Zone Map Amendment Page 6 of 30
Figure 2: Future Land Use Designations
Community
Commercial
Mixed Use
Urban
Neighborhood
Residential
Mixed Use
Public
Institutions
Public
Institutions
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22249 Staff Report for the West Kagy Zone Map Amendment Page 7 of 30
Figure 3: Current Zoning Map
B-2
PLI
R-1
PLI
REMU
R-4
R-4
B-2
B-1
B-2 R-4R-2B-2M
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22249 Staff Report for the West Kagy Zone Map Amendment Page 8 of 30
Figure 4: ½ Mile Radius (2,640 feet or approx. 10 minute walk)
MT
Hall
79
Page 9 of 30
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. Should the application not be approved these contingencies are not
required.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “West Kagy Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “West Kagy Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
Advisory Comments:
1. Prior to preparing the final Ordinance for the zone map amendment the zoning exhibit map
must be revised as described by Engineering comments and pursuant to criteria listed in
the application materials.
2. Prior to preparing the final Ordinance for the zone map amendment an editable meets &
bounds description must be prepared and submitted meeting requirements of the
Engineering Department.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff does not
recommend approval as submitted. The Development Review Committee (DRC) considered
the amendment on September 7, 2022. The DRC did not identify any infrastructure or
regulatory constraints that would impede the approval of the application at this time.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on December 19, 2022 and will forward a
recommendation to the City Commission on the zone map amendment. The meeting will begin
at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana,
Members of the public will also be able to participate remotely via video stream. Instructions
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22249 Staff Report for the West Kagy Zone Map Amendment Page 10 of 30
for joining the meeting digitally will be included on the meeting agenda which is published on
the City’s website at least 48 hours prior to the meeting.
The City Commission will hold a public meeting on the zone map amendment on January 10,
2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Zone Map Amendment application. Members of the public will also be able to participate
remotely via video stream. Instructions for joining the meeting digitally will be included on
the meeting agenda which is published on the City’s website at least 48 hours prior to the
meeting.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety, and
general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements (criteria D). Therefore, to approve a zone map amendment
the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone
map amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of regulations for land development. Standards which prevent or mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
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Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future land use
map is not possible without understanding the category descriptions.”
The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Residential Mixed-
Use. The Residential Mixed-Use designation description reads:
“This category promotes neighborhoods substantially dominated by housing, yet
integrated with small-scale commercial and civic uses. The housing can include single-
attached and small single-detached dwellings, apartments, and live-work units. If
buildings include ground floor commercial uses, residences should be located on upper
floor. Variation in building mass, height, and other design characteristics should
contribute to a complete and interesting streetscape.
Secondary supporting uses, such as retail, office, and civic uses, are permitted on the
ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale
with modulation in larger structures. Stand alone, large, non-residential uses are
discouraged. Non-residential spaces should provide an interesting pedestrian
experience with quality urban design for buildings, sites, and open spaces.
This category is appropriate near commercial centers. Larger areas should be well
served by multimodal transportation routes. Multi-unit, higher density, urban
development is expected. Any development within this category should have a well-
integrated transportation and open space network that encourages pedestrian activity
and provides ready-access within and adjacent development.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, both R-4 and R-5 districts are implementing district of the
Residential Mixed-Use category.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing,
“The Future Land Use Map in the Bozeman Community Plan 2020 designates the property
as Residential Mixed Use. The Residential Mixed Use designation correlates with the
following zoning districts: R-3, R-O, PLI, REMU, B-1, including the existing R-4 zoning
and the R-5 zoning proposed by the applicant. The proposed zone map amendment from R-
4 to R-5 would allow similar land uses as the current R-4 zoning while also allowing the
opportunity to provide a limited amount of retail and restaurant space to serve the
residents if desired.
The development is in accordance with several goals and objectives of the Community
Plan, including, but not limited to the following:
Goal N-1: Support well-planned, walkable neighborhoods.
The project intends to provide housing for University Students. The site is located in
close proximity to the University, amenities, jobs, goods, and services which will increase
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walkability and promote the use of alternate means of transportation. The inclusion of
commercial allowed in R-5 zoning will bring goods and services closer to the residents
and strengthen walkability in the area.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
The commercial permitted in R-5 zoning will allow for commercial nodes to serve the
residence in addition to provide job opportunities. The site is appropriately located at the
intersection of two principal arterial streets and near other commercial and residential
areas.
Goal DCD-1: Support urban development within the City.
This site is currently underutilized, underdeveloped, and located on the prominent
corner of West Kagy Boulevard and South 19th Avenue. The proposed high density
residential and limited commercial will revitalize the corner and provide much needed
housing.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
The development of this site will activate the intersection. This part of town is growing
rapidly to help support Bozeman’s housing needs. The property is on the edge of the
University District close to jobs, goods, and services
Goal DCD-3: Ensure multimodal connectivity within the City.
The site’s close proximity to the University, services, goods, and jobs encourages the
use of alternate means of transportation. The streets that boarder the site, South 19th
Avenue and West Kagy Boulevard, have established bike routes and bike lanes that connect
to the wider network of trials. South 19th Avenue has extensive sidewalks for
pedestrian circulation and the site’s development will extend a sidewalk along West Kagy
Boulevard for increased pedestrian traffic.”
Staff generally concurs with these statements and provides additional analysis.
The minimum residential density in the R-4 district is eight (8) dwelling units per net acres
while the R-5 is eight (8) dwelling units per gross acre. Building heights and lot coverage are
greater in the R-5 zone (an additional story depending on construction) and parking
requirements are less. Net residential density is defined by section 38.700.130. To determine
net density the area used for streets, parks, commercial and industrial area, or common open
space is excluded from the total area of the site. Calculating the gross residential density is
simple dividing the total number of residential units from the total area of the project.
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Other residential developments are in various stages of construction in the immediate vicinity.
They include the South University District development and the Annex of Bozeman Student
living development to the west.
Adding 2.899 acres of developable R-5 zone will allow for more housing than R-4. In addition,
reduction in parking requirements and greater height allowance allows more intensive
development.
Apartments are only one type of housing while the City encourages a variety to all housing
configurations for all individuals and families. The principles applied in the Plan identify that
a variety of housing is needed. Further, the City supports policies that maintain and build
neighborhoods designed to provide equitable access to amenities and opportunities for all.
Housing type diversity within neighborhoods helps ensure community benefits are available
to households of different size, income, and age. Mixed neighborhoods can help provide the
density of people needed to support nearby commercial activities.
Staff finds the application does not fully support Goal N-1: Support well-planned, walkable
neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing
middle housing. The R-5 district is designed to support apartment through higher minimum
densities although it does allow for a wide range of housing types. Townhomes and rowhouse
are allowed although our development industry has not focused attention on this type of
missing middle housing. This theme is co-listed with Goal N-3: Promote a diverse supply of
quality housing units and objective N-3.8 that is intended to promote the development of
"Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing,
group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable
housing.
The Bozeman Strategic Plan includes an additional goal (4.5) under the heading of Housing
and Transportation Choices that intends to “Vigorously encourage, through a wide variety of
actions, the development of attainable and lasting housing options for underserved individuals
and families and improve mobility options that accommodate all travel modes.” The area is
developing with substantial residential density nearby. A variety of goods and services are
relatively close. The nearest bus service is located at the MSU Sub a little more than a one mile
away.
The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale
development with a diverse mixture of possible uses. The R-5 district can help to absorb a
portion of the growth that is projected for the City and allows limited commercial activity to
support that residential activity. Supported goals include the following.
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
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standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
In conclusion, considering the plan in its entirety, the proposed zoning is in conformance
with the BCP 2020.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property hosts the Bozeman Church of Christ building. Future development
of the property will be required to conform to all City of Bozeman public safety, building and
land use requirements, which will ensure this criterion is met. The change from R-4 to R-5 is
not likely to adversely impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. The proposed
amendment will not put undue burden on municipal services, emergency response capability,
or similar existing requirements.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion not 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 that identifies individual projects, project construction
scheduling, and financing of construction. Water service lines surrounds the property. An
existing sewer service line is stubbed to the property with additional services lines to the east
and south.
The proposed amendment will enable more intensive development than the zoning that exists
now. The new zoning also provides for a range of uses and possible intensity of development.
It is difficult to state definitively what level of services are required by the zoning. As stated
in 38.300.020.C, the designation of a zoning district does not guarantee approval of new
development until the City verifies the availability of needed infrastructure. All zoning districts
in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site
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plan review the need for individual services can be more precisely determined. No subdivision
or site plan is approved without demonstration of adequate capacity and conformance with
adopted standards.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The R-5 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The streets serving and surrounding the property are not fully constructed and there
are known deficiencies in the transportation system. The proposed zone change in itself does
not create impacts on city systems but increasing potential impacts though a zoning change
exacerbates potential impacts. As noted in other evaluation criteria, development of this site
may not trigger sufficient nexus or reasonable proportionality to require construction of a
complete street to serve the property.
Multi-modal connectively is limited and is reflected in the Walk Score listed below. There is
no bus service near the site. The closest transit stop is on the south veranda of the MSU Strand
Union Building more than a mile distant. However, there is a multi-use path integrated into
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South 19th in this section of road. Utilization of this path is limited due to traffic volume and
vehicular speeds.
All vehicular access is limited to right-in and right-out movements. Due to un-annexed
property between the property and the University, pedestrian access is limited and
unwelcoming by the sidewalk adjacent to South 19th Avenue and there are no sidewalks
adjacent to Kagy Boulevard. Exacerbating the issue is the sidewalk on the south side of Lincoln
Street is incomplete forcing pedestrians to across at a location with islands and multiple vehicle
ingress and egress points increasing points of conflict. The distance from this property to
Montana Hall is over one mile.
However, future development and redevelopment of the property will be required to comply
with transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will increase offsite
impacts. It is undetermined if the impacts created by a development on this site would include
a reasonable nexus and proportionality to make meaningful corrections to these identified
deficiencies.
The site has a Walk Score of 32 and Bike Score of 61. Average walk score for the city as a
whole is 49 (up from 48) out of 100. According to Walk Score® the walks score measures the
walkability of any address based on the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
Although the property is well connected to the City’s transportation system by two principal
arterial streets; West Kagy Boulevard and South 19th Avenue, alternative modes of
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transportation are not conveniently or safe. It is unlikely development on this site would trigger
construction of a full street sections to the primary destination, Montana State University, to
constructed multi-modal infrastructure. However, the City is designing the expansion of Kagy
to include expanded pedestrian and bicycle functionality from Willson to South 19th.
Construction is scheduled on the CIP for FY25 and FY26 (SIF009). Completion date is not
determined at this time and assumes coordination with Montana Department of Transportation
expediency and consensus of the final design.
G. Promotion of compatible urban growth.
Criterion met. The future land use map designates the property Urban Neighborhood. The
Urban Neighborhood designation correlates with several zoning districts including R-5 zoning,
as proposed by the applicant. Based on the land use map designations and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth.
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 BMC to
establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the
goals and objectives of the city’s adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size;
hours of operation; and integration with existing community systems including water
and sewer services, natural elements in the area, motorized and non-motorized
transportation, and open spaces and parks. Compatible development does not require
uniformity or monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed
uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted
accessory and non-residential uses in residential zoning districts shows the R-5 district is more
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permissive for retail and restaurant activity although those differences are restricted in size and
configuration to retain compatibility with the primarily residential uses in the zoning district.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-4
and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive
development. The more intensive development elements allowed in the R-5 district are subject
to additional development standards established in Article 38.5, Project Design, of the
municipal code. These standards address both site and building design to enable differing uses
and scales of development to be meet the definition of compatible in the municipal code and
presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a wide
range of possible answers for each community to consider. Some communities take a
highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to another
and is consistent with the growth policy, any physical conflicts will be minimal, if present
at all. The City’s zoning policy encourages continued development of mixed uses. … The
City uses the broad scope of its development standards to enable differing uses to be
successful near each other. This shows on the zoning map where districts providing a wide
diversity of uses are intermixed.”
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Staff concludes that although the R-5 is not dissimilar to the surrounding zoning and is
compatible growth and comports with the BCP 2020. See also discussion for Criteria A & H.
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
R-5 district to be compatible with adjacent development’s residential and mixed-use
characteristics and uphold the unique character of the area.
The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary
purpose. While the R-4 district focuses on associated service functions, R-5 relies on
residentially supportive commercial uses, emphasis added. Both districts provide for high-
density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to serve
the varying needs of the community's residents.
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Pursuant to section 38.530.050.C, BMC this intersection is a designated High Visibility
Street corner and standards to accentuate the prominence of this area. Therefore, this criterion
is met.
I. Peculiar suitability for particular uses.
Criterion met. The proposed zoning changes bumps density and intensity opportunities for the
area being rezoned. And as noted in criterion H above, the functional difference is on the
supporting uses allowed in the district. The recently adopted Bozeman Community Plan 2020
indicates that the Urban Neighborhood future land use classification intends to increase
residential density throughout the district.
The R-4 and R-5 districts are residential in character. The zoning to the east is residential
although at ales intensity but that is buffered by other R-4 areas. The property to the south is
zoned as REMU, another primarily residential zone. The property to the west is commercial
but is separated by a divided roadway with other student living housing further to the west.
Therefore, the incremental intensity of uses allowed by the R-5 district is not incongruent with
the prevailing and anticipated uses in the vicinity.
J. Conserving the value of buildings.
Criterion met. The property is currently hosts the Bozeman Church of Christ building and
parking lot. Redevelopment will likely entail the removal of the existing building and the
construction of a larger apartment style building or multiple residential buildings and
associated infrastructure. R-5 zoning will allow for new and diverse development patterns on
the subject parcel that compliment development on adjacent sites. Future development must
comply with the Bozeman Unified Development Code which will ensure an appropriate scale
and intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to the
surrounding character of the district
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed R-5 district, while other
buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack
of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application complies with the BCP 2020 by proposing
zone map amendments of districts that continue to implement the future land use map
designations. In this case, urban mixed-use development have been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that are appropriate to a site’s context and according to the BCP 2020.
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Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use development has
been identified by the community as the most appropriate types of development for the
property. The Unified Development Code contains standards, protections and review processes
to ensure the land is developed in ways that protect and promote public health, safety, and
general welfare.”
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw a
previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The owner, Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN
55416 with SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715 acting as
Applicant and Representative, submitted application to rezone a property totaling 2.889 acres,
including adjacent right-of-way, from R-4 (Residential High Density) to R-5 (Residential
Mixed-use High Density). Although no specific development plans were submitted with the
application the narrative states student housing will be the proposed use.
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The subject property currently hosts the Bozeman Church of Christ building and associated
parking area.
The property is on the corner of West Kagy Boulevard and South 19th Avenue. Both streets are
designated Principal Arterials according to the Bozeman Area Transportation Plan, 2017
Update.
Both R-4 and R-5 are considered high density residential zoning districts. Although there are
no differences in the type of residential configurations there are differences in intensity and
permitted commercial uses. R-5 allows restaurants and retail as accessory uses to the
residential with other limitations. The R-5 district has fewer lot size (area/width) restrictions
which allows considerable more development on a given property. Lot coverage and floor area
ratios (FAR) are unlimited. Building height is greater which generally allowing an additional
story, up to five (5) stories depending on construction and floor pack configuration.
The City recently approved the Yellowstone Montessori Academy annexation and rezoning of
the property directly to the east encompassing 1.54 acres. The application rezoned the property
from County zoning and R-2 to R-4.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
December 4 and 11, 2022. The Community Development Board acting in their capacity as the
Zoning Commission hearing is scheduled for December 19, 2022 and the City Commission
public hearing is scheduled for January 10, 2023.
No public comment has been received as of the date of this report.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged.
In limited instances, an area may develop at a lower gross density due to site constraints and/or
natural features such as floodplains or steep slopes. Complementary uses such as parks, home-
based occupations, fire stations, churches, schools, and some neighborhood-serving commerce
provide activity centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal boundaries. This
may require annexation prior to development. Applying a zoning district to specific parcels
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sets the required and allowed density. Higher density residential areas are encouraged to be,
but are not required or restricted to, proximity to commercial mixed use areas to facilitate the
provision of services and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested R-5 (Residential Mixed-Use High Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
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Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = 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.
Zoning Districts
Uses
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling units* -
attached (38.360.040) P P P P P P P —
Accessory dwelling units* -
detached (38.360.040) P P P P P P P —
Apartments/apartment
building* — — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Manufactured home
communities* — — — — — — — P
Single-household dwelling
(38.360.210) P P P P P P P P
Two-household dwelling
(38.360.210) — — P P P P P —
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Three household dwelling or
four-household dwelling
(38.360.210)
— — — P P P P —
Townhouses* & rowhouses*
(two attached
units)(38.360.240)
P 2 P2 P P P P P P 3
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
— — — P 3 P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
— — — — 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 (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and emergency
housing (38.360.135)* 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
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growth policy designation the primary use shall be non-office uses; where the district lies over a
non-residential designation the primary use shall be office and other non-residential uses. Primary
use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in developments subject
to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
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.
Zoning Districts
Uses
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
(38.360.140) *
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 (38.360.260)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres (38.360.260)
C — — — — — — —
Bed and
breakfast* C C C C P P P —
Commercial stable
(38.360.220) C — — — — — — —
Community
centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services
Type II* P P P P P P P P
Essential services
Type III* 2 C C C C C C C C
Short Term Rental
(Type 1)* P P P P P P P —
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Short Term Rental
(Type 2)* — — P P P P P —
Short Term Rental
(Type 3)* — — — — — — — —
Golf courses C C — — — — — —
General service
establishment* — — — — — — P 5 —
Offices* — — — — S 3 S 3 P —
Public and private
parks P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C C 3 P —
Recreational
vehicle parks
(38.360.200)*
C — — — — — — P
Restaurant* — — — — — P 4 P 5,
6 —
Retail* — — — — — P 4 P 5,
6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by
the underlying growth policy land use designation. Where the district lies over a residential growth
policy designation the primary use shall be non-office uses; where the district lies over a non-
residential designation the primary use shall be office and other non-residential uses. Primary use
shall be measured by percentage of building floor area.
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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.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Reuter Walton Development, 4450 Excelsior Boulevard, St. Louis Park, MN 55416
Applicant: SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715
Representative: SMA Architects, 109 East Oak Street, Suite 2E, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=263192&cr=1
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Director
SUBJECT:Upcoming Items Expected for January 9, 2023 Community Development
Board Meeting
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action required.
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 following project review items are presently scheduled for the January 9,
2023, Community Development Board meeting.
1. Fraternity/Sorority Text Amendment, Application 22270, considered in
capacity as Zoning Commission.
2. UDC update working session, Application 21381, considered in capacity as
Zoning Commission.
A special presentation will be provided regarding the Bozeman Community
Plan 2020 hub site roll out. The hub site is a public facing site where status of
metrics on the plan implementation can be presented. This hub site has
been created by and the presentation will be made by the Geographic
Information Systems division staff of the City.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: December 12, 2022
102
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Director
SUBJECT:Montana Planning Board Member's Handbook
MEETING DATE:December 19, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information.
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:Members of the Community Development Board expressed interest in state
publications on the duties and role of the planning board. The Department
of Commerce, Community Technical Assistance Program (CTAP), provides
information and support to local governments in Montana regarding various
community development programs and practices, including land use
planning.
In 2020, the CTAP completed an update to the publication Montana
Planning Board Member's Handbook. The publication provides information
for new and continuing planning board members. The updated handbook
reflects statutory changes since the prior handbook was prepared in 2009.
The document is available at
https://comdev.mt.gov/_shared/CTAP/docs/Planning-Board-Handbook-
2020.pdf.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: December 14, 2022
103