HomeMy WebLinkAbout03-06-23 CDB Agenda & Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 022723 CDB Minutes(Sagstetter)
E.Consent Items
F.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, March 6, 2023
General information about the Community Development Board is available in our Laserfiche
repository.
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting.
Public comments will also be accepted in-person and through Video Conference during the appropriate
agenda items.
As always, the meeting will be streamed through the Commission's video page and available in the
City on cable channel 190.
For more information please contact Anna Bentley, abentley@bozeman.net
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comment relating to that item but you may only speak once per topic.
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 Public Meeting and Recommendation for Preliminary Planned Unit Development (PUDP) for
the Shady Glen PUDP, Application 22293, (Quasi-Judicial)(Hyde)
G.2 Public Meeting and Recommendation for Preliminary Plat for the Shady Glen Major
Subdivision, Application 22294, (Quasi-Judicial)(Hyde)
G.3 The North 8th Zone Map Amendment Requesting Amendment of the City Zoning Map to
Change the Zoning on 0.4828 Acres from R-4 (High Density Residential District) to R-5
(Residential Mixed-Use High Density District). Located on the Southwest Corner of North 8th
Avenue and West Lamme Street. Application 22366(Rogers)
G.4 Bennett Annexation Application 22380 Requesting Annexation of 35.96 Acres and
Amendment Application 22380 of the City Zoning Map for the Establishment of a Zoning
Designation of REMU (Residential Emphasis Mixed-Use District). 5532 Stucky Road
(Readdressed to 2650 and 2680 Bennett Blvd.) Approximately One-Half Mile West of South
19th Avenue on the South side of Stucky Road. Application 22380(Rogers)
H.FYI/Discussions
H.1 Upcoming Items for the March 20, 2023 Community Development Board Meeting (Bentley)
I.Adjournment
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).
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Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter - Community Development Tech II
Lacie Kloosterhof - Community Development Office Manager
Anna Bentley - Community Development Director
SUBJECT:022723 CDB Minutes
MEETING DATE:March 6, 2023
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:Approve with corrections.
FISCAL EFFECTS:None.
Attachments:
022723 CDB Minutes.pdf
Report compiled on: February 28, 2023
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Bozeman City Commission Meeting Minutes, February 27, 2023
Page 1 of 2
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
February 27, 2023
Present: Allison Bryan, Brady Ernst, Henry Happel, Jennifer Madgic, Jason Delmue
Absent: Gerald Pape Excused: Nicole Olmstead, Padden Guy Murphy, Chris Egnatz
A) 00:01:53 Call to Order - 6:00 pm
B) 00:02:37 Disclosures
C) 00:02:43 Changes to the Agenda
00:03:00 Community Development Deputy Director Erin George presents to the board.
D) 00:05:57 Approval of Minutes
D.1 00:06:02 021323 CDB Minutes
021323 CDB Minutes.pdf
00:06:08 Motion to approve the minutes for 2/13/23 as submitted.
Jennifer Madgic: Motion
Allison Bryan: 2nd
00:06:37 Vote on the Motion to approve the minutes for 2/13/23 as submitted. The Motion carried 5 - 0.
Approve:
Allison Bryan
Brady Ernst
Henry Happel
Jennifer Madgic
Jason Delmue
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Bozeman City Commission Meeting Minutes, February 27, 2023
Page 2 of 2
Disapprove:
None
E) 00:06:51 Consent Items
00:06:54 No consent items.
F) 00:06:57 Public Comments
G) 00:08:26 Action Items
G.1 00:08:32 UDC Project - Review and Advise Regarding the Update to the Unified
Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes
to Standards Relating to Zoning District and Building Transitions; and Commercial and
Mixed-Use Zoning Districts, Application 21381
2-14-2023 Work Session cover memo .pdf
Group Engagement Log 2-07-2023.pdf
Tall Buildings Map 7-15-2022 small.pdf
230208_Midway Report, Engagement Station DRAFT.pdf
00:08:54 Consultant Collin Scarf presents to the board.
00:25:05 Consultant Collin Scarf answers questions from the board.
00:44:22 Presentation continues.
01:00:50 Consultant Collin Scarf answers questions from the board.
01:27:35 Amy Hoitsma provides public comment.
01:29:18 Nicole Olmstead provides public comment.
01:36:21 Cathy Costakis provides public comment.
01:40:33 Emily Talago provides public comment.
01:44:10 Chandler Dayton provides public comment.
01:47:26 Mary Wictor provides public comment.
01:52:17 Consultant Collin Scarf answers questions from the board.
H) 01:57:55 FYI/Discussions
I) 02:02:16 Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Community Development Board
FROM:Lynn Hyde, Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Public Meeting and Recommendation for Preliminary Planned Unit
Development (PUDP) for the Shady Glen PUDP, Application 22293, (Quasi-
Judicial)
MEETING DATE:March 6, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered application materials, public comment, and
all the information presented, I hereby accept the staff report and findings
for application 22293 and recommend approval with conditions and subject
to all applicable code provisions.
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 Department of Community Development received a preliminary planned
unit development (PUDP) Application on September 2, 2022 concurrently
with a major subdivision preliminary plat application, requesting to develop
11.87 acres into 16 residential lots, two of which ae proposed to be deed
restricted affordable housing units, and 5 common open space lots.
Common Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a
wildlife refuge. The parcel is zoned R-1, Residential Low Density District.
The PUDP proposal requests 6 relaxations from development standards
which are listed below. The application is required to meet all other
requirements that are not included in a relaxation request. Below are brief
summaries of the relaxation requests which are discussed in further detail in
this report.
1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted
use within the R-1 zoning district in order to provide two deed-restricted
affordable housing units.
2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined)
use access for pedestrians and emergency or other authorized vehicles.
3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local
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street design standards, for Shady Glen Lane.
4. BMC 38.410.040.D – A relaxation from right-of-way and design standards
for local streets, for Shady Glen Lane.
5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and
wetland buffer requirements. This relaxation request is to reduce the 50-
foot setback to 35-feet. This reduction affects 9 of the proposed 16 lots.
6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material,
for non-exempt uses, within the East Gallatin River’s 100-year floodplain.
The applicant proposes to place fill within the shallow floodplain fringe in
two areas. The fill is excavated from the site and increasing the floodplain
storage elsewhere on site. The proposed impact areas are less than .1 acres.
The Community Development Board is reviewing this application in their
capacity as the Design Review Board.
Application materials – Available through the Laserfiche archive, the full file
is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=265046&dbid=0&repo=BOZEMAN as well as digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
UNRESOLVED ISSUES:There are no unresolved issues with this application other than the 7 staff-
recommended conditions of approval noted in Section 3 found on page 14 of
the staff report.
ALTERNATIVES:Recommend approval of the application with the recommended conditions;
Recommend approval of the application with modifications to the
recommended conditions;
Recommend denying the application based on the Boards findings of non-
compliance with the applicable criteria contained within the staff report; or
FISCAL EFFECTS:There are no identified fiscal impacts to the city.
Attachments:
22293 CD Board Staff Report Shady Glen.pdf
Report compiled on: February 16, 2023
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Page 1 of 36
22293 Staff Report for the Shady Glen Preliminary Planned Unit
Development (PUDP)
Public Meeting/Hearing Dates:
Community Development Board meeting (acting in their capacity as the Design Review
Board (DRB)) - Monday, March 6, 2023 at 6:00 pm.
City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm
Project Description: A preliminary planned unit development (PUDP) to request relaxations
required for major subdivision application requesting to subdivide 11.87 acres into 16
residential lots (two of which are proposed to be deed restricted affordable housing lots)
and 5 common open space lots (one of which is proposed to be a 7.129 acre wildlife
refuge). There are 6 relaxations being requested with this PUDP. Anywhere a relaxation
is not being requested, the application is required to meet the Bozeman Municipal Code
(BMC).
This PUDP is being reviewed concurrently with the Shady Glen preliminary plat (PP)
application, Application 22294.
Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A,
Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 &
58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6
East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions with the approval of requested relaxations.
Recommended Community Development Board Motion: Having reviewed and considered
the application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 22293 and move to
recommend approval of the subdivision with conditions and subject to all applicable code
provisions.
Report Date: February 24, 2023
Staff Contact: Lynn Hyde, Development Review Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
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as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application other than the 7 staff-recommended
conditions of approval noted in Section 3 below found on page 14.
Project Summary
The Department of Community Development received a preliminary planned unit development
(PUDP) Application on September 2, 2022 concurrently with a major subdivision preliminary
plat application, requesting to develop 11.87 acres into 16 residential lots, two of which ae
proposed to be deed restricted affordable housing units, and 5 common open space lots. Common
Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The parcel is
zoned R-1, Residential Low Density District.
The PUDP proposal requests 6 relaxations from development standards which are listed below.
The application is required to meet all other requirements that are not included in a relaxation
request. Below are brief summaries of the relaxation requests which are discussed in further
detail in this report.
1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to provide two deed-restricted affordable housing units. 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles.
3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design
standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for local streets, for Shady Glen Lane. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer
requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This
reduction affects 9 of the proposed 16 lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposes to place fill within the shallow floodplain fringe in two areas. The fill is excavated from the site and
increasing the floodplain storage elsewhere on site. The proposed impact areas are less than
.1 acres.
A PUD is a discretionary approval and the review authority must find that the overall
development is superior to that offered by the basic existing zoning standards as required in
BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in
development proposals within the City. The applicants can request relaxations from the code in
exchange for a higher quality of design. The obligation to show a superior outcome is the
responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is
superior to what would be obtained from the application of the default R-1 zoning district. Note
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 3 of 36
that the PUD criteria found in BMC 38.430 has since been replaced by a new planned
development zone district (PDZ) criteria. However, this project began review and received
adequacy prior to the effective date of the new PDZ. Compliance with the previous PUD code
sections is the basis for the review and decision. A copy of the applicable code is included in the
project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy –
Chapter 38.
The Development Review Committee (DRC) has reviewed the application. Based on its
evaluation of the application against the criteria, the DRC found the application sufficient for
continued review on September 27, 2022. The application is complete for design review
purposes.
The Design Review Board (DRB) is scheduled to review the application on March 6, 2023. The
DRB is the design review advisory board to the City Commission on this application. The DRB
is required to make a recommendation to the City Commission on this application.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval of the application with modifications to the recommended
conditions;
3. Recommend denial of the application based on the Boards findings of non-compliance
with the applicable criteria contained within the staff report; or
4. Open and continue the review on the application with the concurrence of the applicant,
with specific direction to staff or the applicant to supply additional information or to
address specific items.
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 4 of 36
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED Relaxations ................................................................................... 14
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 14
SECTION 4 – CODE REQUIREMENTS .................................................................................... 16
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 18
Applicable Planned Unit Development Review Criteria, Section 38.230.100.B, ............ 18
Conditional Use Permit Review Criteria, Section 38.230.110 ......................................... 26
Planned Unit Development Design Review Criteria, Section 38.430.090.E .................... 27
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 32
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 35
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 35
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 36
FISCAL EFFECTS ....................................................................................................................... 36
ATTACHMENTS ......................................................................................................................... 36
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 5 of 36
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Page 6 of 36
Exhibit 2 – Community Plan 2020 Future Land Use
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Page 7 of 36
Exhibit 3 – Current Land Use
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Exhibit 4 – Preliminary Plat
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Exhibit 5 – Landscaping Plan
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Exhibit 6 – Wetland Delineation Map
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Exhibit 7 – Watercourse setback and wetland impacts
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Exhibit 8 – Shady Glen ‘Green Plan’
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Exhibit 9 – Multi-modal network
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Page 14 of 36
SECTION 2 – REQUESTED RELAXATIONS
The applicant requested 6 relaxations with the preliminary planned unit development (PUDP)
application.
1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use in the R-1
zoning district in order to provide two affordable housing units.
2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for
pedestrians and emergency or other authorized vehicles.
3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design
standards, for Shady Glen Lane.
4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for local
streets, for Shady Glen Lane.
5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer
requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This
reduction affects 9 of the proposed 16 lots.
6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt
uses, within the East Gallatin River’s 100-year floodplain. The applicant proposed to
place fill within the shallow floodplain fringe in two areas. The fill is proposed to be
excavated from elsewhere on the site, removing old railroad bed fill, and increasing the
floodplain storage elsewhere on the site with a net increase in available floodplain
storage. The proposed impact areas are less than .1 acres.
The requested relaxations may be granted with a Planned Unit Development (PUD). The criteria
for granting PUD relaxations found in BMC 38.430.030.A.4.c (This project began review and
received adequacy prior to the effective date of the new PDZ. Compliance with the previous
PUD code sections is the basis for the review and decision. A copy of the applicable code is
included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022
Reference Copy – Chapter 38.). Staff has reviewed the criteria and finds the relaxations meet
justification for approval. Anywhere a relaxation is not requested, the application has been found
in compliance with the Bozeman Municipal Code.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The approved affordable housing plan must be recorded concurrent with the final plat and
a reference to the recorded document must be provided on the conditions of approval
page of the final plat. The reference on the conditions of approval sheet must be, “This
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 15 of 36
subdivision is subject to affordable housing requirements to satisfy planned unit
development requirements voluntarily opted into by the subdivider. The subdivision’s
requirements and obligations can be found in the Shady Glen Affordable Housing Plan
recorded as document no.__________ at the Gallatin County Clerk and Recorders
Office.”
This condition is satisfied with the recording of the final plat mylars and the affordable
housing plan for the subdivision. The Clerk and Recorder should write in the document
number for the recorded affordable housing plan on the conditions of approval sheet prior
to the filming/scanning of the final plat.
2. The subdivider must install perpetual wetland boundary markers on the watercourse
setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers
proposed must be approved by the Community Development Department prior to
installation.
3. Building Design Guidelines must be established and include a requirement applicable to
all lots within the wetland buffer, and backing up to existing wetlands to ensure proper
stewardship of the adjacent critical lands. At a minimum they must include the below:
i. The back yard areas of lots near the wetlands will be filled ‘close to street
level’ in order to create a fill slope at the back lot lines while will be
planted with native grasses. Storm runoff from top slopes will drain as
sheet flow over the slope, and the vegetation will ‘intercept, filter and
infiltrate’ any runoff that does occur. This creates a buffer to protect the
undeveloped floodplain and wetland areas from sediment and nutrients.
ii. The HOA/POA require homeowners to use phosphorous-free fertilizers
and to not dispose of trash, grass clippings or yard waste within the
wetland buffer. Signage will be included noting the restrictions of pets
from the wildlife refuge. The covenants will also include a requirement to
install and maintain continuous fencing along the wildlife preserve.
iii. In accordance with MPDES stormwater discharge requirements, any
construction related sediment will be intercepted during construction with
a silt fence, wattles or other filtration measures.
4. The subdivision must install a fence along the southern boundary of the proposed Shady
Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along
the boundary with the proposed residential lots in this development. The fence design and
materials must be approved by the Community Development Department prior to
installation. Fence materials must limit passage of materials and equipment, minimize
visual impact, and maximize durability and longevity. Fence installation must be
completed prior to final plat; financial guarantee of this work is not allowed. In addition,
the covenants will include a requirement to install and maintain continuous fencing along
the wildlife preserve.
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5. The Planned Unit Development is permitted through the Conditional Use Permit process. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure and all of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land,
their successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
6. The applicant shall complete construction or other provision of all identified public benefits which were the basis of the planned unit development qualifying for review and
all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit within the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of
the associated final plat.
7. A wayfinding signage and educational signage program must be submitted to the city for review and approval with the final PUD approval. As the wayfinding program is part of the PUD performance points, the improvements must be completed with the PUD improvements.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. 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. Sec. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are
determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be
obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval.
3. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the municipal code the following language shall be included on
the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the municipal code effective on
[DATE of Preliminary plat sufficiency determination], ownership of all common open
space areas and trails, and responsibility of maintenance thereof and for city assessments
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 17 of 36
levied on the common open space lands shall be that of the property owners’ association.
Maintenance responsibility shall include, in addition to the common open space and
trails, all vegetative ground cover, and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets and as adjacent to
public parks or other common open space areas. All areas within the subdivision that are
designated herein as common open space including trails are for the use and enjoyment
by residents of the development and the general public. The property owners’ association
shall be responsible for levying annual assessments to provide for the maintenance,
repair, and upkeep of all common open space areas and trails. At the same time of
recording the final plat of the subdivision the subdivider shall transfer ownership of all
common open space areas within each phase to the property owners’ association created
by the subdivider to maintain all common open space areas within Shady G subdivision.
The City may release the Shady Glen Property Owners’ Association from the obligation
to maintain parks dedicated to the City at the City’s discretion.”
4. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for
the creation of a POA (Documents) shall be submitted at least 30 working days prior to
submitting the final plat application for review by the Department of Community
Development and shall contain, but not be limited to the following items: 1) the
orientation and setbacks for corner lots, 2) all additional setbacks required when lots are
adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4)
provisions for snow removal, maintenance and upkeep of all common areas, public and
private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural
and landscape requirements for each individual lot and/or phase of the subdivision,
including placement of boulevard trees at a regular spacing for each residential lot, 6)
provisions that outline the renewal of an annual contract with a certified landscape
nursery person for the upkeep and maintenance of all parklands, common open space,
trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees,
parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations,
9) noxious weed control, and 10) assessment of existing and future Special Improvement
Districts. These documents shall be executed and submitted with the initial final plat to
be filed with the Gallatin County Clerk and Recorder at the time of recording of the final
plat.
5. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be
installed prior to final plat approval.
6. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed
prior to final plat approval.
7. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
must be included in the POA documents and covenants.
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SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on September 27, 2022.
Planning Board meeting will be held Monday, March 6, 2023at 6:00 pm both in person in the
Commission Meeting Room and also using an online videoconferencing system. A link will be
provided with the Planning Board agenda to participate remotely.
City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm both in person in the
Commission Meeting Room and also using an online videoconferencing system. A link will be
provided with the Planning Board agenda to participate remotely.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are 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.
Applicable Planned Unit Development Review Criteria, Section 38.230.100.B,
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, do not in any way create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or State law. In considering applications
for plan approval under this title, the advisory boards and City Commission shall consider the
following:
1) Conformance to and consistency with the city’s adopted growth policy.
Yes. The property has a future land use designation of Urban Neighborhood and is zoned R-1.
The applicant proposes to set aside a large amount of the property (approximately 60%) as a
wildlife refuge to protect the important ecosystem and wildlife habitat. The remaining 40% of
the site is proposed to be developed consistent with the Urban Neighborhood designation and R-
1 zoning district.
The project is in conformance to and consistent with the City’s adopted growth policy. Refer to
Appendix A, Project Site Zoning and Growth Policy for additional discussion as well as goals
and objectives this project is achieving.
2) Conformance to this chapter, including the cessation of any current violations.
Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the
requested relaxations. If the Commission does not approve the relaxations then the project will
not be in conformance and is not approvable, nor is the concurrent subdivision, Application
22294. There are no known documented violations of the BMC for this property. The applicant’s
narrative adds that there have been numerous informal illegal ‘encampments’ that have been
removed from the property.
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3) Conformance with all other applicable laws, ordinances and regulations.
Yes. If Relaxation 1, allowing townhomes in the R-1 zoning district, is approved, the uses of the
site are consistent with the R-1 zoning district. No specific conflicts have been identified.
Additional steps will be required including, but not limited to, final payment for cash-in-lieu of
water rights and parkland, finalization of the preliminary and final plat, recording of required
easements, construction of infrastructure, PUD final plan documents and approval and building
permits. The Building Division will review the requirements of the International Building Code
for compliance at the time of building permit application.
4) Conformance with special review criteria for applicable permit type as specific in
article 2;
Yes. This CUP and PUD criteria are reviewed below. The project meets the requirements and
criteria as presented.
5) Conformance with the zoning provisions of article 3, including
Yes, with approval of the requested relaxations.
Relaxation 1 is requesting to allow townhouses (2) in this development. Currently, Section
38.310.030, Table 38.310.030.A does not allow townhouse/rowhouse typologies in the R-1
zoning district. Previously townhouses were a permitted use in the R-1 zoning district in order to
satisfy the affordable housing provisions in the inclusionary zoning state permitted legislature.
Since that time, the State Legislature has removed the ability for local municipalities to require
affordable housing, and with the redaction of the affordable housing ordinance, the ability to
allow deed restricted affordable townhouse/rowhouse units in the R-1 zoning district was also
removed from the code.
Staff supports this relaxation. The applicant is voluntarily providing affordable housing unit
(using the performance points towards the PUD), and the intent meets the City’s requirements
previously required per Section 38.380.060 of the Unified Development Code. Staff finds this
relaxation furthers the goals of the growth policy. In addition, a large portion of the site is
remaining undeveloped, thus an increase in density for two units is not harmful to the
neighborhood proposed or larger community at large. Refer to Exhibit 8 – Shady Glen Green
Space Plan to see the amount of space preserved. Recommended Condition of Approval 1
includes an Affordable Housing Plan requirement.
6) Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions, and
park and recreational requirements.
Access to the site is via a proposed extension from Birdie Drive through The Condominium
Links development to the east via an existing public access easement. A secondary emergency
access to the site comes from the south off Commercial Drive. The access is gated at the property
line that meets the Fire Department access requirements. It is not feasible to create a full street
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connection to Commercial Drive to south due to physical constraints of the right-of-way
alignment. Portions of the right-of-way that would be required were vacated previously by the
city.
A cul-de-sac is proposed at the northern end of Shady Glen Lane which are typically prohibited
unless they are deemed “necessary due to topography, the presence of critical lands, access
control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be
installed at the end of culs-de-sac where deemed appropriate” (BMC38.400.010.A.9). The cul-
de-sac is necessary due to adjacency to park, open space, wetlands, and lack of access to adjacent
streets. A pedestrian walkway was provided at the end of the culs-de-sac to the adjacent
pedestrian path on the northeast portion of the subdivision. The cul-de-sac was reviewed by the
Engineering Department as well as the emergency services and found to be adequate. Refer to
Code Requirement 5 which prohibits parking at the end of the culs-de-sac.
Per BMC 38.410.040.B,“Block length must not be designed, unless otherwise impractical, to be
more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than
400 feet if necessary due to topography, the presence of critical lands, access control, or
adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length.
Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in
compliance with this code provision. Due to the unique nature of this subdivision and the layout,
it is somewhat debatable as to what is considered the start of the block. If the block is considered
to start from the pedestrian connection to Commercial Drive and end at the cul-de-sac, the block
is less than 600’, however if the block is considered to start at Birdie Drive and end at the cul-de-
sac, the distance is 1,140’. Although longer than the typical 300 to 400 feet block, it is within the
1,320’ maximum, thus staff determined a relaxation is not necessary based upon measurements
provided. Whether the block is considered to start at the pedestrian right-of-way that connects to
Commercial Drive, or if the block starts at Birdie Drive, the road is less than 1,320 feet to the
cul-de-sac, thus meeting this code requirement. Refer to Exhibit 9 – Multi-modal network which
contains measurements for the block segments.
Relaxation 2 requests allowing a dual access for pedestrians and emergency (or other authorized)
vehicles. BMC 38.400.010.A.8 requires second or emergency access in order to facilitate
movement, the provision of emergency services and the placement of utility easements. The
entire access is required to be maintained for all-season access by a private-party maintenance
agreements set up by the Shady Glen Property Owner’s Association. The proposed dual access
would also provide an emergency access through route between the existing cul-de-sacs of
Bridger Center Drive/Commercial Drive and Birdie Drive.
Staff supports this proposed relaxation as the dual access furthers the multi-modal connectivity
between neighborhoods and trail systems for pedestrians and bicycles. In addition, the
emergency access provides a new connection for both the proposed neighborhood as well as
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existing neighborhoods, and is a solution for a property that otherwise does not have a
secondary access option. Refer to Exhibit 9 – Multi-modal network.
Relaxation 3 is requesting a reduced width for the right-of-way provided with Shady Glen Lane.
BMC 38.400.050.A requires all streets and road to meet the right-of-way width and construction
standards contained in this chapter. A typical local street section is 60’ and includes a 5’
sidewalk on both sides of the street, boulevard landscape strip, parking and two travel lanes. The
application proposes the below changes to a standard street section in order to better protect the
critical wetlands by shifting the lots easterly away from the wetlands.
• Provide 5’ sidewalk on the west side of Shady Glen Lane immediately adjacent to the
street, removing the boulevard strip. In lieu of a boulevard strip and street trees, the
Development Guidelines will be require trees to be planted on each residential lot.
• Eliminate the sidewalk on the eastern side of Shady Glen Lane as there is an existing trail
that runs parallel where a sidewalk would be, and because there are no lots proposed on
the eastern side of Shady Glen Lane.
• Eliminate the east side parking lane as there are no residential lots on the eastern side and
would likely be providing excessive on-street parking.
Staff supports this proposed relaxation in order to shift the lots to the east where possible in
order to mitigate impacts to the wetlands. Staff finds this design proposal to impact the wetlands
less than the alternatives which could include, a full street section, with the lots pushed further
into the wetland setbacks. Another alternative, interestingly enough would not have required a
relaxation, would be to have the street going through the wetland. Streets are an exempt
improvement in the wetland, even though in this case, it would have had a greater impact on the
wetlands that the back yards of the lots in the wetland. This design provides the least impact to
the wetland setbacks of all the alternatives explored. Refer to Code Requirements 2, 3, 4, 6 & 7.
Relaxation 4 is requesting alternative design requirements for the dual-access as it relates to the
pedestrian right-of-way design requirements. BMC 38.410.040.D requires pedestrian rights-of-
way meet specific design requirements including specific setbacks for adjacent buildings,
maintenance requirements and that the walk is constructed as a city standard sidewalk. The
proposal requests to specify the setback for adjacent buildings as 7.5’ and to construct the
pathway as asphalt in lieu of concrete (which is the ‘city standard sidewalk’ material).
Setbacks adjacent to pedestrian rights-of-way less than 30’ wide (this right-of-way is proposed at
20’) must be not less than ten feet. The applicant’s narrative states “Because the 20-foot width is
a requirement for the emergency access and a single-use pedestrian walk could meet the
standards at a 10-foot width, the widening of a 10-foot walk to 20 feet is required only due to the
unique, dual-use nature of the pedestrian walk. The proposed widening would result in a
pedestrian ‘corridor’ (walkway plus setbacks) of 35 feet which exceeds the standards, in terms of
total width including setbacks, by 5 feet.”
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The second portion of this relaxation is the proposed surface material. The code provision states
that a pedestrian walk is to be constructed as a city standard sidewalk which would include the
surface material. Typical city standard sidewalk is concrete, the proposal is for asphalt due to the
dual use nature of the access.
Staff concurs that if this pedestrian access is to also be used as an emergency access, additional
consideration to design criteria is warranted. The reduced setback from 10’ to 7.5’ (2.5’ less)
are not anticipated to take away from the residents privacy, nor the users experience of the
public pathway. In addition, if the proposal is to use this access as a secondary emergency
access, asphalt is the likely surface material. Staff supports this relaxation. Code Requirement 4
addresses the components that must be placed in the CC&Rs.
7) Conformance with the project design provisions of article 5, including compatibility
with, and sensitivity to, the immediate environment of the site and adjacent
neighborhoods and other approved development; design and arrangement of the
elements of the plan; landscaping; open space; lighting; signage
Not applicable as any residence of 5 or fewer units does not have to adhere to Article 5.
8) Conformance with environmental and open space objectives set forth in articles 4-6,
including:
The project site is comprised of 3.26 acres of wetlands. Four wetland systems and one
nonwetland water way were delineated during the wetland delineation. The wetlands were
labeled as Wetland 1, Wetland 2, Wetland 3, Wetland 4, and Wetland 4a. Refer to previous
Exhibit 6 – Wetland Delineation Map.
Relaxation 5 is requesting a reduction from the 50’ setback that is required to 35’ for 9 of the
proposed 16 lots. BMC 38.410.100.A.2.c.4 requires that setbacks be extended a minimum of 50
feet beyond the perimeter of a connected wetlands. Exhibit 7 – Watercourse setback shows the
proposed extend of a 35’ setback. BMC 38.410.100.A.2.b(2) states [nothing in this section
prohibits an owner of affected property from:] when applicable, seeking a deviation to
dimensional standards of the watercourse setback, as allowed by and subject to the requirements
of divisions 38.340 or 38.430 of this chapter. The reference to BMC 38.430 is the reference to an
applicants ability to request a reduction to the watercourse setback through a PUD process. The
applicant states in the narrative, “A relaxation of the 50-foot wetland buffer width to 35 feet is
requested to allow for reasonable building envelopes and to achieve minimum net density
required in R-1 zoning. The residential lots have been arranged to ensure that all building
envelopes would be outside of the proposed 35 ft wetland buffer.”
In order to ensure proper stewardship of the wetland buffer, the applicant proposes the following:
a. Building Design Guidelines are proposed to include a requirement, applicable to all lots
within the wetland buffer, and backing up to existing wetlands, to route their roof
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drainage to rain barrels or on-property infiltration facilities. This will reduce the volume
of runoff towards the wetlands.
b. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order
to create a fill slope at the back lot lines while will be planted with native grasses. Storm
runoff from top slopes will drain as sheet flow over the slope, and the vegetation will
‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect
the undeveloped floodplain and wetland areas from sediment and nutrients.
c. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not
dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be
included noting the restrictions of pets from the wildlife refuge. The covenants will also
include a requirement to install and maintain continuous fencing along the wildlife
preserve.
d. In accordance with MPDES stormwater discharge requirements, any construction related
sediment will be intercepted during construction with a silt fence, wattles or other
filtration measures.
The US Army Corps of Engineers has issued a wetland fill permit coinciding with the proposed
areas of wetland impacts. The total impacts are less than 0.10 acres. The applicants narrative
speculates that these efforts to protect the wetland may “reduce wetland impacts to zero and,
over time, might even result in a net increase in wetlands acreage on the site”.
Staff concurs that the mitigation measures are robust, and supports the relaxation request with
the proposed Conditions of Approval 2 that requires the developer to install perpetual wetland
boundary markers on the watercourse and Condition of Approval 3 that required the Building
Design Guidelines establishment.
Relaxation 6 is requesting a relaxation to allow placement of fill material, for non-exempt uses,
within the East Gallatin River’s 100-year floodplain. The applicant proposed to place fill within
the shallow floodplain fringe in two areas. The fill is proposed to be excavated from elsewhere
on the site, removing old railroad bed fill, and increasing the floodplain storage elsewhere on the
site with a net increase in available floodplain storage. The total area of impact is less than 0.1
acres. BMC 38.410.100.A.2.d states “No newly constructed residential or commercial structure,
addition to an existing structure, fence, deck fill material (other than that required for exempt
uses), parking lot or other impervious surfaces, or other similar improvements may be located
within required watercourse setback, unless approved through, and in conformance with, a
variance or deviation process as authorized in this chapter.” As previously discussed, a planned
unit development is a ‘deviation process’ authorized in this chapter. In order to mitigate any
potential impacts to the wetland, the applicant has proposed to pull fill from an historic railroad
bed west of Lot 5, and place the fill on the backs of Lot 3,4 8, 9, 10 & 11. The applicant’s
narrative states, “The combined fill volume below the 100-year flood elevation (i.e., loss of flood
storage capacity) will be less than the excavation volume below the 100-year flood elevation
west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually
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increases flood storage volume as compared to existing conditions. This is a rare occurrence for
this type of relaxation/variance request in that the proposed plan to place fill within the
floodplain would not negatively impact flood conveyance or storage capacity.” A CLOMR
permit has already been obtained from the Federal Emergency Management Agency (FEMA)
and can be found in the application materials.
Staff supports this relaxation request as it is increasing the floodplain capacity, as well as
providing mitigation measures for stormwater runoff from the urban development prior to
reaching the wetlands.
9) Conformance with the natural resource protection provisions of article 4 and article
6.
The undeveloped site is home to existing wildlife. The applicants narrative states “large
ungulates such as white tail deer, moose and possible mule deer inhabit the property during
different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers,
mink and possible otters frequent the property periodically. Avian species notably a variety of
raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the
property. Naturally, development of a site will disturb the existing ecosystem. This site is inside
city limits and urban type development is anticipated. The applicant is proposing to leave over
60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a
secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park
which extends the natural setting of the existing park, and allow for fluid migration for the
wildlife without crossing urban interface. The wildlife refuge will protect wildlife movements
areas and the existing federally protected wetlands, water bodies, and wildlife habitat from
human impacts. In addition, the Shady Glen HOA will require homeowners with lot lines
adjoining the wildlife preserve to provide fencing to protect wildlife from pets and vice versa.
A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not
likely to negatively impact big game at a population level for several reasons. It represents a
small parcel (about 12 acres), most of which will be preserved in open space. This open space is
currently planned to be adjacent to other open space lands owned by the City of Bozeman and
along the banks of the East Gallatin River. Placing open space lands together amplifies benefits
of the open space to wildlife. The proposed area is not in crucial big game winter range nor a
known migration corridor for big game species. Finally, the area is proximate to other major
developments at the outskirts of Bozeman”.
In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife
refuge. In addition, Recommended Condition of Approval 3 above requires the applicant to
construct a fence between the wildlife refuge and the commercial users to the south to minimize
user conflict. Lot owners will be required to install fencing along the west lot lines, bordering the
wildlife refuge to provide separation between the wildlife and residential units.
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The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands,
and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red-
osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The
wetland areas of the site are characterize by plant communities typically found in riparian areas
or areas Saturday by groundwater conditions including, but not limited to: reed canary grass;
beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common
cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan
was submitted to, and approved by, Gallatin County. The application also notes they have
removed approximately 2 tons of household trash from four homeless camps located within the
Aspen grove on the property. While the development will naturally disturb vegetation where
homes are proposed, however the remainder of the site will be improved to a superior
environmental condition, and preserved.
Areas disturbed during construction will be reclaimed through plantings of diverse riparian
vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to
semi-saturated soil conditions. The applicants narrative states, “Best Management Practices
(BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of
ground disturbance will be contained and treated onsite during and after construction. Low
Impact Development (LID) designs such as infiltration galleries and biofiltration will be
incorporated into the project’s final landscape design. These design features will help with water
conservation.”
10) Other related matters, including relevant comment from affected parties.
No public comment has been received to date, however it is anticipated there will be comment
received. Monitor the below link to the public access folder for future public comments received.
11) If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirements of this chapter, whether the lots are either:
a) configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b) The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable. The site will be subdivided according to the concurrent subdivision (22294).
12) Phasing of items listed in section 38.230.020.B, including but not limited to
buildings and infrastructure.
Not applicable. The project is proposed to be constructed in one phase. A subdivision is being
reviewed concurrently with this PUD.
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Conditional Use Permit Review Criteria, Section 38.230.110
Planned Unit Developments (PUD) are reviewed as Conditional Use Permits (CUP), thus the
PUD must also be reviewed against the CUP criteria. See staffs analysis below.
E. In addition to the review criteria of section 38.230.110, the review authority shall, in
approving a conditional use permit determine favorably as follows:
E.1) That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
Yes the site is adequate is size to accommodate the land use. Typically, at 5 dwelling units
per acre, before removing the critical areas, this site would be expected to have 55 or more
units. Due to the critical areas including wetlands, floodplains, and setbacks, the developable
area of the property is greatly reduced and 16 units are being proposed. The applicant has
worked to use the developable area of the site, and the remainder will be an added benefit to
the proposed neighborhoods, existing neighborhoods, community at large and wildlife but
providing missing links to the multi-modal network, additional wildlife refuge areas, and
affordable housing units.
E.2) That the proposed use will have no material adverse effect upon the abutting property.
Person objecting to the recommendations of review bodies carry the burden of proof.
Yes. While change is inevitably going to have an effect on neighbors, this development
provides a net gain to the neighborhood and has no material adverse effects. The added
emergency access can be used by both the commercial development to the south and The
Links Condominium, the pedestrian connection provides a missing link for the multi-modal
network, and the wildlife refuge adds to an existing park to provide a contiguous habitat for
wildlife. The proposal includes improvements to the existing stormwater system to provide
needed updates and maintenance. The increased floodplain capacity will benefit all residents
in the area.
E.3) That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare.
Yes. The PUD has Conditions of Approval that address the wetland setbacks and ensure the
requested reduced setback does not have harmful effects on the natural environment. In
addition, special conditions are in place to address adjacency of residential developments
with a proposed wildlife refuge, special fencing, ingress/egress, maintenance of the grounds,
and emergency access.
F.) In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
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F.1) That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general land and special conditions imposed by the conditional use permit procedure;
and
F.2) That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded as such with the county clerk and recorder’s office by the property owner
prior to the issuance of any building permits, final plan approval or commencement of the
conditional use.
The necessary recording of documents will be addresses as part of the final PUD plan
process and will be required prior to approval of the final plat. Refer to Recommended
Condition of Approval 5 & 6 for requirements to record CUP documents.
Planned Unit Development Design Review Criteria, Section 38.430.090.E
2.a) All land uses within a proposed planned unit development must comply with the
applicable objectives and criteria of the mandatory “all development” group.
2.a.1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Yes. The proposed development will be connected to and be served by City utilities. The Fire
Department has reviewed the proposal and found it satisfactory to provide service to. The
Parks Department has found the design satisfactory. In addition, the subdivision is proposed
in very close proximity to Story Mill Community Park, Glen Lake Rotary Park, and with the
dual access pedestrian connection, provides a missing link for pedestrians and bicyclists in
the non-motorized network for the area connecting the trail system to the north of the
subdivision to the Glen Lake Rotary Park trail system. The proposal includes a wayfinding
signage program with educational posts throughout. Refer to Recommended Condition of
Approval 7.
The proposed development will be connected to and served by City utilities. Appropriate
easements for street construction, utilities, emergency access, and trails are provided. The site
is near the new construction public safety center and the response time is expected to be
under 2 minutes. See list of relaxations for additional information on pedestrian access,
streets, and setbacks.
2.a.2) Does the project preserve or replace existing natural vegetation?
Yes. As state previously, A weed management plan was submitted to, and approved by,
Gallatin County. Areas disturbed will be reclaimed through approved plantings. In addition,
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the applicant states Best Management Practices will be used during construction. Low Impact
Design will be incorporated into the project’s final design.
2.a.3) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized and
cohesive planned unit development?
Yes. The applicant has worked to continued to work with city staff and advisory boards to
balance the competing elements of the site. The property is a non-conforming lot that would
not be approved today because of the lack of frontage to a public street. This lack of frontage
creates challenges for access to the site, and the applicant has worked to secure an access
easement via The Links Condominium. If the adjacent neighborhoods were being created
today, they would most likely be required to provide a through street to the Shady Glen
Property as is required in BMC 38.400.010.A.1 Relation to undeveloped areas. This code
provision states “When a proposed development adjoins undeveloped land, and access to the
undeveloped land would reasonably pass through the new development, streets and alleys
within the proposed development must be arranged to allow the suitable development of the
adjoining undeveloped land.” Those neighborhoods were developed under a previous code
and previous planning theory that did not require a connection to the Shady Glen property.
The applicant has worked with adjacent property owners and the City to resolve the access
and easement issues on this somewhat ‘land-locked’ parcel and has arrived at a solution that
is acceptable to the city departments including planning, engineering and fire. Relaxations
are requested to accommodate the existing site conditions created by the previous
development of the surrounding properties, and provide additional improvements and
preservation of critical areas that are above and beyond the required UDC.
2.a.4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selection and placement
of landscape materials; and/or use of renewable energy sources; etc.) contribute to the
overall reduction of energy use by the project?
Yes. The design includes enhancing the multi-modal network, decreasing the number of
single occupancy trips required. Infill development is generally a thoughtful use of urban
land as it utilizes existing infrastructure including wet and dry utilities as well as the existing
street network to serve additional residential units. These components contribute to the
overall reduction of energy use. The development is also adding to the green space and flood
storage capacity within the city limits which helps reduce the urban heat affect, and also
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provides mitigation during heavy water events. The use of Low Impact Development
landscaping and stormwater practices will also further the goals of water conservation.
2.a.5) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project?
Yes. The developments lot sizes are consistent with the form and intensity standards adopted
to ensure each residential unit has adequate lot size. Future building permits will be required
to meet the required setbacks. The site is leaving over 60% undeveloped in a natural state
which is above and beyond open space requirements that provide light and air for residents.
One of the relaxation requests is requesting to reduce the setback from 10’ to 7.5’ where
adjacent to a pedestrian right-of-way. This condition affects two lot lines, and staff concurs
this condition is necessary due to the necessity of a widened pedestrian pathway to
accommodate emergency vehicles, and does not take away from the residents privacy.
2.a.6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.420.020?
Yes. The applicant looks to dedication dedicate over 7 acres (> 60%) of the site to a protected
wildlife refuge as well as provide open space and recreational space. This dedicated area
exceeds the city requirement per section 38.420.020 and table 38.420.020.A. The required
dedication is .03 acres based on the maximum required dedication per acre of 10 Dwellings
for R-1 (10 dwellings x .03 acres). The applicant is providing 7.15 acres of wildlife refuge
habitat and .52 acres of open space which far exceeds the requirements for even 16 dwellings
(16 dwellings x .03) at .48 acres. In addition, the developer will provide a play area and
gathering area accessible by trails at the southeast end of the wildlife refuge. The dedication
of this property to open space demonstrates Shady Glens efforts to create a superior
environment, exceed the requirements of the code standards, and create an excellent living
environment within the Bozeman community.
2.a.7) Performance. All PUDs shall earn at least 20 performance points.
Yes. The PUD is exceeding the 20 performance points required and has calculated a total of
108.42 performance points. The point math is outlined below:
• The two affordable house units receive a total of 37.5 performance points. This is
calculated by 3 points for each percent of dwellings to be constructed with a long
term contractual obligation to provide affordable housing. Each lot is 6.25% of the
total lots (12.5% for the two lots), multiplied by 3 points equals 37.5 points)
• The open space lots 03 and 04 receive 60.07 performance points. These two lots total
7.13 acres, or 60.07% of the total sites 11.87 acres, which receives 60.07 performance
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points. This is calculated by one point for each percent of the project area provided as
non-public open space.
• The common open space lots 01, 02, and 04 receive 6.85 performance points. These
three lots total 0.65 acres out of the projects total 11.87 acres, which is 5.48%. This is
calculated by 1 ¼ point per percent of open space open to the public.
• The wayfinding signage program receives 4.00 performance points. The proposal
includes the incorporation of way-finding measures such as directional and
educational sign boards and posts.
2.a.8) Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not become an
isolated "pad" to adjoining development?
Yes. The development will correct the isolation imposed on this property by decisions made
over the years that resulted in very limited access and easement connections to adjacent
properties. The applicant has made exemplary efforts to incorporate comments obtained from
the City representatives through various meetings. The modifications suggested and
discussed with city representatives including placement of the lots, roads, sidewalks, wildlife
refuge, and wetlands have been incorporated. The project will provide emergency access
swing gate with Knox padlock and will address flood plain and water course setbacks as
stated elsewhere in this application. As noted in this and the original documents, the
applicant has looked to work with adjacent property owners and the City to resolve access
and easement issues. The site layout looks to accommodate UDC issues where applicable
and request relaxations where necessary to protect and enhance the wetlands and wildlife
habitats, provide safe and convenient access and improve the property with respect to the
City Community Plan. Relaxations are requested to accommodate existing site conditions
imposed on the lot by previous development of surrounding properties and to provide
additional improvements above and beyond the City UDC.
2.b.) Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to enhance
the natural environmental, conserve energy, recognize, and to the maximum extent possible,
preserve and promote the unique character of neighborhoods, with provisions for a mix of
limited commercial development. For purposes of this section, "limited commercial
development" means uses listed in the B-1 neighborhood service district (article 10 of this
chapter), within the parameters set forth below. All uses within the PUD must be sited and
designed such that the activities present will not detrimentally affect the adjacent residential
neighborhood. The permitted number of residential dwelling units shall be determined by the
provision of and proximity to public services and subject to the following limitations:
2.b.1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
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Yes. The development proposes single family detached houses which is an allowed use in the
R-1 zone district. In addition, the applicant is requesting a relaxation to allow two townhouse
units. This use is unique in adding two affordable units which are needed and desired by the
community. The size of the subject site is adequate to serve these two additional lots, and
does not detract from the intent of the R-1 zoning district. It is consistent with the
development surrounding the subject property.
2.b.2) Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve?
Yes. Every lot and/or home has access to private outdoor space. There are common open
space lots that will provide pedestrian amenities.
2.b.3) Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
Yes. As discussed previously, there is ample open space in and around the development and
larger neighborhood parks nearby.
2.b.4) If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
Not applicable.
2.b.5) Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities?
Yes. Shady Glen is designed and intended to achieve a vibrant infill project while creating a
distinct identity and connecting to natural areas and open space.
2.b.6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
Not applicable.
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2.b.7) Limited commercial. If limited commercial development, as defined above, is
proposed within the project, is less than 20 percent of the gross area of the PUD designated
to be used for offices or neighborhood service activities not ordinarily allowed in the
particular residential zoning district?
No limited commercial is proposed.
2.b.8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes. Shady Glen will have its own, unique character reinforced through architecture, site
design and circulation. Visual and physical connections to adjacent neighborhoods and
shared open space transitions will promote its individuality as well as allow it to blend in
with the pattern of the larger neighborhood.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1, Residential Low Density District. The intent of the R-1
district is to provide for primarily single-household residential development and related uses
within the city at urban densities.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 33 of 36
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an 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
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 34 of 36
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed development is well-suited to implement the Urban Neighborhood by providing
lots that will support detached residential lots as well as two townhouse lots with affordable
housing units. The urban neighborhood designation recognizes that at times lower densities may
develop due to site constraints and/or natural features. The presence of water features and
wetlands on this site, as well as the access constraints limit the density that can be realized on the
property. However, the density provided is meeting the minimum of 5 dwelling units per acre
when the critical lands and common open space lands are removed from the gross lot size. The
townhouse and multi-household lots will support construction of “missing middle” housing
which is contemplated throughout the Bozeman Community Plan 2020. The proposed
development is also located in a central area with relatively quick access to a variety of goods
and services. The planned unit development is being reviewed concurrently with the Shady Glen
Major Subdivision Preliminary Plat, Application 22294.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for
the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 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. This site is an infill development,
surrounded by existing residential uses with complimentary uses such as schools, parks, grocery
stores, and employment opportunities within a relatively short distance. There are no adopted
development standards relating to the walk score.
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22293 Staff Report for Shady Glen Preliminary Planned Unit Development (PUDP) Page 35 of 36
The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles
from Story Mill Park. The PUD is adjacent to an existing commercial neighborhood to the south.
While some of the businesses are heavier commercial uses that may not provide daily services,
there is a close coffee shop, convenience store, meadery, brewery among other services that will
provide daily destinations to future residents of the Shady Glen Subdivision. In addition, Story
Mill Community Center is.16 miles away. A unique outcome of the design of the PUD is many
of these amenities are closer to walk to than they are to drive due to the emergency access that
serves as a dual pedestrian access. This design will further the walkability goal of the growth
policy.
The proposed planned unit development meets the following Bozeman Community Plan 2020
goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N – 3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary planned unit development (PUDP) application by the applicant, Bechtle
Architects, 4515 Valley Commons Drive 201, Bozeman, MT 59718, representing the property
owner Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT
59715.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period/City Commission public hearing per BMC 38.220.420, The public notice period
for this application is set to run from February 26 through March 21, 2023, with publications in
the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 26, and
Sunday, March 5, 2023. The applicant posted public notice on the subject property on February
26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the
subject property via first class mail, on February 24, 2023.
No public comments had been received at the time this report was written.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman,
MT 59715
Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman,
MT 59718
Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718
Report By: Lynn Hyde, Development Review Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this planned unit development.
ATTACHMENTS
Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265046&dbid=0&repo=BOZEMAN as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715.
This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-201
Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=269838&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:Community Development Board
FROM:Lynn Hyde, Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Public Meeting and Recommendation for Preliminary Plat for the Shady Glen
Major Subdivision, Application 22294, (Quasi-Judicial)
MEETING DATE:March 6, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 22294 and move to recommend approval of
the Shady Glen Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions.
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 Department of Community Development received a Preliminary Plat
Application on September 2, 2022 requesting to subdivide 11.87 acres to
create 16 residential lots, two of which are proposed to be deed restricted
affordable housing lots for townhouses, and 5 common open space lots.
Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a
wildlife refuge. The site is currently undeveloped. The property will have
access to Commercial Drive. The property is zoned R-1.
On December 22, 2022 the Development Review Committee (DRC) found
the application sufficient for continued review and recommends the
conditions and code provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this
application. The City did not receive any written public comment on the
application as of the writing of this report.
The Community Development Board is reviewing this application in their
capacity as the Planning Board.
44
Application materials – Available through the Laserfiche archive, the full file
is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=265045&dbid=0&repo=BOZEMAN as well as digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
UNRESOLVED ISSUES:The subdivision is reliant upon an approved PUD before it can be approved.
In addition, staff has 5 recommended conditions of approval noted in
Section 3 below found on page 9.
ALTERNATIVES:1. Recommend approval of the application with the recommended
conditions;
2. Recommend approval the application with modifications to the
recommended conditions;
3. Recommend denying the application based on the Commission’s
findings of non-compliance with the applicable criteria contained within the
staff report; or
4. Recommend continuing the public meeting on the application, with
specific direction to staff or the subdivider to supply additional information
or to address specific items.
FISCAL EFFECTS:There are no fiscal effects to the city identified at this time.
Attachments:
Subdivision Staff Report 22294 Shady Glen Community
Development Board.pdf
Report compiled on: March 1, 2023
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Page 1 of 30
22294 Staff Report for the Shady Glen Major Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, March 6, 2023 at 6:00 pm.
City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm
Project Description: A major preliminary plat subdivision application requesting to subdivide
11.87 acres into 16 residential lots (two of which are proposed to be deed restricted
affordable housing lots) and 5 common open space lots (one of which is proposed to be a
7.129 acre wildlife refuge). The subdivision is being reviewed concurrently with the
Shady Glen preliminary planned unit development (PUDP), Application 22293.
Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A,
Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 &
58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6
East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 22294 and move to recommend approval of
the Shady Glen Major Subdivision Preliminary Plat with conditions and subject to all
applicable code provisions.
Report Date: February 22, 2023
Staff Contact: Lynn Hyde, Development Review Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
The subdivision is reliant upon an approved PUD before it can be approved. In addition, staff has
5 recommended conditions of approval noted in Section 3 below found on page 9.
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22294 Staff Report for Shady Glen Subdivision Page 2 of 30
Project Summary
The Department of Community Development received a Preliminary Plat Application on
September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which
are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open
space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife
refuge. The site is currently undeveloped. The property will have access to Commercial Drive.
The property is zoned R-1.
On December 22, 2022 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by March 22nd. The Community
Development Board acting in their capacity as the Planning Board will consider the compliance
of the application with the growth policy on March 6, 2023.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval the application with modifications to the recommended conditions;
3. Recommend denying the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Recommend continuing the public meeting on the application, with specific direction to
staff or the subdivider to supply additional information or to address specific items.
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22294 Staff Report for Shady Glen Subdivision Page 3 of 30
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS ................................................................................... 10
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 16
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 16
38.220.060 Documentation of compliance with adopted standards ................................. 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 26
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 29
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 29
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30
FISCAL EFFECTS ....................................................................................................................... 30
ATTACHMENTS ......................................................................................................................... 30
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22294 Staff Report for Shady Glen Subdivision Page 4 of 30
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Current Land Use
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Exhibit 4 – Preliminary Plat
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Exhibit 5 – Landscaping Plan
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Page 9 of 30
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application, however the preliminary plat is not approvable without a favorable motion on the
PUDP that is being reviewed and discussed concurrently, Shady Glen PUDP, Application 22293.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The approved affordable housing plan must be recorded concurrent with the final plat and
a reference to the recorded document must be provided on the conditions of approval
page of the final plat. The reference on the conditions of approval sheet must be, “This
subdivision is subject to affordable housing requirements to satisfy planned unit
development requirements voluntarily opted into by the subdivider. The subdivision’s
requirements and obligations can be found in the Shady Glen Affordable Housing Plan
recorded as document no.__________ at the Gallatin County Clerk and Recorders
Office.”
This condition is satisfied with the recording of the final plat mylars and the affordable
housing plan for the subdivision. The Clerk and Recorder should write in the document
number for the recorded affordable housing plan on the conditions of approval sheet prior
to the filming/scanning of the final plat.
2. The subdivider must install perpetual wetland boundary markers on the watercourse
setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers
proposed must be approved by the Community Development Department prior to
installation.
3. Building Design Guidelines must be established and include a requirement applicable to
all lots within the wetland buffer, and backing up to existing wetlands to ensure proper
stewardship of the adjacent critical lands. At a minimum they must include the below:
i. The back yard areas of lots near the wetlands will be filled ‘close to street
level’ in order to create a fill slope at the back lot lines while will be
planted with native grasses. Storm runoff from top slopes will drain as
sheet flow over the slope, and the vegetation will ‘intercept, filter and
infiltrate’ any runoff that does occur. This creates a buffer to protect the
undeveloped floodplain and wetland areas from sediment and nutrients.
ii. The HOA/POA require homeowners to use phosphorous-free fertilizers
and to not dispose of trash, grass clippings or yard waste within the
wetland buffer. Signage will be included noting the restrictions of pets
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22294 Staff Report for Shady Glen Subdivision Page 10 of 30
from the wildlife refuge. The covenants will also include a requirement to
install and maintain continuous fencing along the wildlife preserve.
iii. In accordance with MPDES stormwater discharge requirements, any
construction related sediment will be intercepted during construction with
a silt fence, wattles or other filtration measures.
4. The subdivision must install a fence along the southern boundary of the proposed Shady Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along
the boundary with the proposed residential lots in this development. The fence design and
materials must be approved by the Community Development Department prior to installation. Fence materials must limit passage of materials and equipment, minimize visual impact, and maximize durability and longevity. Fence installation must be completed prior to final plat; financial guarantee of this work is not allowed.
5. The applicant shall complete construction or other provision of all identified public
benefits which were the basis of the planned unit development qualifying for review and all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit (approximately 50% complete) within the development. This includes the construction of the two affordable townhomes, the
completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required.
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. Sec. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the
Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are
determined to be jurisdictional, an approved 404 permit for any changes to the wetland
must be submitted to the Community Development office prior to final plat approval. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be
obtained by the applicant. Approved stream and wetland permits shall be provide prior to
public infrastructure approval for public infrastructure impacts to jurisdictional wetland
and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat
approval.
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22294 Staff Report for Shady Glen Subdivision Page 11 of 30
3. BMC 38.220.070. The applicant shall submit with the application for final plat review
and approval, a written narrative stating how each of the conditions of preliminary plat
approval and noted code provisions have been satisfactorily addressed. This narrative
shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note,
covenant, etc. in the submittal.
4. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being
subdivided if the owner is not the subdivider) shall transfer ownership to the property
owners’ association (POA) of any open space proposed to be conveyed to the POA and
all its right, title, and interest in any improvements made to such parkland or open space.
For the transfer of real property, the subdivider or owner of the property shall submit with
the application for final plat a warranty deed or other instrument acceptable to the City
Attorney transferring fee simple ownership to the POA and associated realty transfer
certificate. The subdivider or owner of the property must record the deed or instrument at
the time of recording of the final plat. For personal property installed upon open space
owned by the property owners association, the subdivider shall provide an instrument
acceptable to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
5. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. The responsibility of maintenance for the stormwater facilities, stormwater open space
lots, pedestrian open space lots and street frontage landscaping for the perimeter streets
must be that of the property owners’ association. Maintenance responsibility must
include, all vegetative ground cover, boulevard trees and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets. The
property owners’ association must be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all perimeter street frontage
landscaping and stormwater facilities and all open space landscaping.
b. Due to known high groundwater conditions in the area no basements will be permitted
with future development of the site. No crawl spaces will be permitted with future
development of the site, unless a professional engineer registered in the State of Montana
certifies that the lowest point of any proposed structure is located above the seasonal high
groundwater level and provide supporting groundwater data prior to the release of
building permit. In addition, sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are also not allowed to be connected to the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and gutter.
c. All downstream water user facilities will not be impacted by this subdivision.
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22294 Staff Report for Shady Glen Subdivision Page 12 of 30
d. All lots are subject to a ten foot wide front setback utility easement.
e. All open space and public access areas are to be owned and maintained by the property
owners’ association.
6. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the
final plat. The POA documents must include the requirements of Section 38.220.300 and
310.
7. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the Municipal Code the following language shall be included
on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the Bozeman Municipal Code
effective on [DATE of Preliminary plat sufficiency determination], ownership of all
common open space areas and trails, and responsibility of maintenance thereof and for
city assessments levied on the common open space lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the common
open space and trails, all vegetative ground cover, and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owners’ association shall be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all common open space areas and trails. At the same
time of recording the final plat of the subdivision the subdivider shall transfer ownership
of all common open space areas within each phase to the property owners’ association
created by the subdivider to maintain all common open space areas within Shady Glen
subdivision.
8. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for
the creation of a POA (Documents) shall be submitted at least 30 working days prior to
submitting the final plat application for review by the Department of Community
Development and shall contain, but not be limited to the following items: 1) the
orientation and setbacks for corner lots, 2) all additional setbacks required when lots are
adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4)
provisions for snow removal, maintenance and upkeep of all common areas, public and
private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural
and landscape requirements for each individual lot and/or phase of the subdivision,
including placement of boulevard trees at a regular spacing for each residential lot, 6)
provisions that outline the renewal of an annual contract with a certified landscape
nursery person for the upkeep and maintenance of all parklands, common open space,
trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees,
parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations,
9) noxious weed control, and 10) assessment of existing and future Special Improvement
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Districts. These documents shall be executed and submitted with the initial final plat to
be filed with the Gallatin County Clerk and Recorder at the time of recording of the final
plat.
9. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights; documents required.
a. For the transfer of real property in satisfaction of required or offered dedications to the
city, and required or offered donations or grants to the POA, the subdivider or owner of
the property must submit with the application for final plat a warranty deed or other
instrument acceptable to the city attorney transferring fee simple ownership to the City or
the POA.
b. For the transfer of personal property installed upon POA-owned open space, the
subdivider must provide the city an instrument acceptable to the city attorney transferring
all its rights, title and interest in such improvements including all applicable warranties to
such improvements to the City or the POA.
c. The subdivider or owner of the property must record the deed or instrument transferring
ownership or interest at the time of recording of the final plat with the original of such
deed or instrument returned to the City or POA as applicable.
d. For the transfer of ownership interest in water, the subdivider or owner of the property
must submit with the application for final plat a deed or other instrument acceptable to
the City Attorney transferring ownership to the City or POA, along with all required state
department of natural resources and conservation documentation, certification and
authorization.
10. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included with the final plat.
11. BMC 38.240.450 requires a certificate of completion of improvements. The certificate
must specifically list all installed improvements and financially guaranteed
improvements.
12. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
13. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision
proposes irrigation of public street frontage. This certificate must be provided on the final
plat.
14. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, the developer shall enter an
Improvements Agreement with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
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conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
15. BMC 38.270.030. The applicant must submit plans and specifications for water and
sewer main extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be provided to
and approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted. Building permits
will not be issued prior to City acceptance of the site infrastructure improvements unless
all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met
to allow for concurrent construction.
16. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be
installed prior to final plat approval or financially guaranteed.
17. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location. The recorded easement number must be documented on
the final plat.
a. The applicant is advised that all dedicated public easements must be recorded using the
City’s standard template easement documents separate from the plat and the recorded
document number must be listed on the final plat. Easements will be deemed inadequate
if they are not in a final draft format (signatures are not required for the draft review).
Easements must be stamped by a licensed professional surveyor. In preparing signature
blocks on any upcoming documents, please make the following changes: Jeff Mihelich,
City Manager; Mike Maas, City Clerk. If a new member is established, the easement
documents must be updated.
18. Easements
a. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power,
gas, communication, etc.) along the development’s property frontage. The applicant may
contact the Engineering Department to receive a copy of a utility easement template. The
easement must be recorded and provided to engineering prior to final plat approval. The
recorded easement number must be written in on the final plat.
b. BMC 38.410.060.A. The final plat must provide and depict all necessary utility
easements and they must be described, dimensioned and shown on each subdivision
block of the final plat in their true and correct location.
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c. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane
to Boylan Road reside in a public access and utility easement. The final plat must
reference the recorded easement number.
19. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed
prior to final plat approval.
20. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
must be included in the POA documents and covenants.
21. BMC 38.410.120. If mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way. If
cluster boxes are used, a dedicated area to pull up and access the boxes must be provided.
22. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with final plat, then water rights or cash-in-lieu must be provided with any
future site plan
23. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid
at the time of final plat approval. A parkland table and cash in lieu amount must be
printed on the final plat.
24. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
25. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat
approval.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on December 22, 2022.
Planning Board meeting will be held Monday, March 6, 2023at 6:00 pm both in person in the
Commission Meeting Room and also using an online videoconferencing system. A link will be
provided with the Planning Board agenda to participate remotely.
City Commission meeting will be held Tuesday, March 21, 2023 at 6:00 pm both in person in the
Commission Meeting Room and also using an online videoconferencing system. A link will be
provided with the Planning Board agenda to participate remotely.
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SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are 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.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in BMC 38.240.100.
The Department of Community Development received a preliminary plat application on
September 2, 2022. The DRC reviewed the preliminary plat application and determined the
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submittal did not contain detailed, supporting information that was sufficient to allow for the
continued review of the proposed subdivision on October 12, 2022.
A revised application was received on October 24, 2022. The DRC determined the application
was adequate for continued review on December 22, 2023 and recommended conditions of
approval and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Thursday, February 23, 2023 for postings on
Sundays, February 26, 2023 and March 5, 2023. The applicant posted public notice on the
subject property on February 26, 2023. The applicant sent public notice to all landowners of
record within 200-feet of the subject property via first class mail, on February 24, 2023. No
public comment had been received on this application as of the writing of this report.
On February 15, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Applicable Review Criteria, Bozeman Municipal Code
In considering applications for approval the advisory boards and City Commission shall consider
applicable Bozeman Municipal Code (BMC) sections. The subdivision as proposed (and with
Recommended Conditions of Approval and Code Requirements), complies with the BMC except
where noted. Where the proposal does not comply with the BMC, the applicant has requested
relaxations through the concurrent PUDP application (Application 22293).
BMC 38.310.030, Table 38.310.030.A
In accordance with the table of permitted uses in residential zones, townhouses are not a
permitted housing typology in the R-1 zoning district. The applicant has requested through the
PUD process to allow townhouses as a permitted use. The applicant desires to provide affordable
housing units on these two lots. Previously townhouses were a permitted use in the R-1 zoning
district in order to satisfy the affordable housing provisions in the inclusionary zoning state
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permitted legislature. Since that time, the State Legislature has removed the ability for local
municipalities to require affordable housing, and with the redaction of the affordable housing
ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1
zoning district was also removed from the code. As the applicant is desiring to voluntarily
provide affordable housing, staff finds this request supports the growth policy goals, however an
approved PUD is required as the subdivision application is not currently in compliance with this
code section.
The concurrent Shady Glen Preliminary PUD must be approved prior to the preliminary plat
being approvable and before the applicant may submit a final plat. The Shady Glen Final PUD
must be approved before the subdivision final plat can be approved.
BMC 38.400.010.A.2
“Developers must arrange streets and alleys to provide for the continuation of streets and alleys
between adjacent developed properties when such continuation is necessary for the convenient
movement of traffic, effective provision of emergency services and efficient provision of
utilities.”
The layout includes a gated access to Commercial Drive/Endurance Lane which does not provide
for the continuation of local streets between developed properties.
BMC 38.400.010.A.8
“To facilitate traffic movement, the provision of emergency services and the placement of utility
easements all developments must be provided with a second means of access. If, in the judgment
of the development review committee (DRC), a second dedicated right-of-way cannot be
provided for reasons of topography or other physical conditions, the developer must provide an
emergency access, built to the standards detailed in these regulations.”
The required right-of-way does not exist to provide a full street as a secondary access. Additional
easements would be needed and at this time there is not a willing property owner(s) to provide
the secondary access easements. Primary public vehicular access would be via the Links
Condominiums to Birdie Drive. The addition, the secondary gated emergency access improves
the connectivity for emergency services as well as pedestrians. The emergency access gate is
required to be maintained for all-season access. Staff determined an additional full access was
not feasible, and the second emergency access is adequate for approval.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.400.010.A.9
“Culs-de-sac are generally prohibited. The review authority may consider and approve the
installation of a cul-de-sac only when necessary due to topography, the presence of critical
lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian
walks must be installed at the end of culs-de-sac where deemed appropriate.”
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Staff finds that a cul-de-sac design for this layout is sufficient. The cul-de-sac is necessary due to
adjacency to park, open space and site constraints. A pedestrian walkway was provided at the
end of the culs-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision.
The cul-de-sac was reviewed by the Engineering Department as well as the emergency services
and found to be adequate.
BMC 38.400.040.D
“Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed
necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping
centers, transportation, and other community facilities. In addition, no continuous length of
block may exceed 600 feet without intersection a street or pedestrian walk. Pedestrian walks
must also be installed at the end of cul-de-sac where deemed appropriate.”
The dual access connection to Commercial drive is also serving as a pedestrian right-of-way. In
accordance, the pedestrian walks must be maintained by the Shady Glen property owners
association and cleared for all season use. The applicant is proposing to construct this facility
with asphalt as it is a dual access for both pedestrians/bicyclists as well as vehicular access in
case of an emergency. City staff finds that this design and maintenance plan is sufficient and
meets the requirements of the code.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.400.050.A
“All streets and road providing access to, and within the proposed development must meet the
following standards. (1) Right-of-way width and construction standards contained in this
chapter. . . and BMC 38.400.060.A. states all street improvements must be designed by and
constructed under the supervision of a professional civil engineer, registered in the state, and
must meet or exceed the right-of-way and construction standards adopted by the city (including
but not limited to an adopted transportation plan or specifications manual) and required for the
type of street to be constructed.
The subdivision proposed a street section with a 42’ right-of-way instead of a 60’ right-of-way.
The street section would be made up with a 5’ wide sidewalk on the west side of the street, and
no sidewalks on the east side as there is already a pedestrian facility that travels parallel where a
sidewalk would go. In addition, the 8’ parking lane is proposed to be removed from the east side
of the street. Removing these components from the street reduces the right-of-way width 18’
which minimizes the encroachment and disturbances into the into the wetland. Staff supports this
design in order to shift the lots to the east where possible in order to mitigate impacts to the
wetlands. Staff finds this design proposal impacts the wetlands less than other development
alternatives explored.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.410.040.B.
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“Block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due
to topography, the presence of critical lands, access control, or adjacency to existing parks or
open space. In no case may a block exceed 1,320 feet in length.
Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in
compliance with this code provision. Due to the unique nature of this subdivision and the layout,
it is somewhat debatable as to what is considered the start of the block. Whether the block is
considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the
block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this
code requirement.
BMC 38.410.100.A.2.c.4.d
“Setback must include connected wetlands. The buffer width must be extended by a minimum of
50 feet beyond the perimeter of the connected wetlands.”
The applicant has provided information showing how two wetlands (labeled Wetland 1 and
Wetland 2) are connected to the greater watercourses. Therefore the delineated buffer must be
extended by a minimum of 50’ beyond the perimeter of the wetlands. The applicant is requesting
a reduction to the wetland setback from 50’ to 35’. Condition of Approval 2 requires permanent
wetland boundary markers to be placed on site to minimize possible encroachments into the
proposed setback. This relaxation is requested in the concurrent PUD application. Staff concurs
that the reduced wetland setbacks are adequately mitigated by robust mitigation measures
including, on-site infiltration for both the houses as well as the rear yards, requirement for
phosphorous-free fertilizers, and the installation of perpetual wetland markers. Refer to
Condition of Approval 2 & 3.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.410.100.A.2.d
“No newly constructed residential or commercial structure, addition to an existing structure,
fence, deck, fill material (other than that required for exempt uses), parking lot or other
impervious surfaces, or other similar improvements may be located within required watercourse
setbacks, unless approved through, and in conformance with, a variance or deviation process as
authorized in this chapter.”
The application proposed to place fill in Lots 3, 4, 8, 9, & 10 as well as in one common open
space for utilities. Placement of fill within a watercourse setback is not allowed, thus the
applicant has requested a relaxation to this requirement in the concurrent PUD application. The
application is proposing to pull fill from an historic railroad bed on site, and place the fill on the
backs of Lots 3, 4, 8, 9, 10 & 11. The applicants narrative states, “The combined fill volume
below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the
excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage
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capacity). In other words, the proposed grading actually increases flood storage volume as
compared to existing conditions. This is a rare occurrence for this type of relaxation/variance
request in that the proposed plan to place fill within the floodplain would not negatively impact
flood conveyance or storage capacity.” A CLOMR permit has already been obtained from the
Federal Emergency Management Agency (FEMA) and can be found in the application materials.
Staff supports this relaxation request as it is increasing the floodplain capacity, as well as
providing mitigation measures for stormwater runoff from the urban development prior to
reaching the wetlands.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.430.040
“When a subdivision is proposed in conjunction with a zoning planned unit development, the
subdivision review must be coordinated with the zoning review. All steps listed in this section
apply whether the application is for a subdivision or zoning PUD, and references herein to plan
includes plat unless the context clearly indicates otherwise. Approval of a planned unit
development consists of three procedural steps: pre-application, preliminary plan, and final
plan. All subdivision PUDs must also meet all standards for plats.”
The Planned Unit Development (PUD) is being reviewed concurrently with this preliminary plat
(PP) application. In order for the PP to be approvable, there must be a favorable motion made on
the PUD. The applications are both going to the advisory bodies and decision makers
concurrently. Condition of Approval 5 requires the public benefits portion of the PUD must be
completed prior to the 9th building permit of the development. This includes the construction of
the two affordable townhomes, the completion of the improvements associated with Common
Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be
included on the Conditions of Approval sheet of the associated final plat.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
Provision No. 4, requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are located within
dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
If the PUDP is approved, along with the relaxation requests, the final plat will provide legal and
physical access to each parcel within the subdivision. All of the proposed lots will have frontage
on public streets constructed to City standards with lot frontage meeting minimum standards
shown on the preliminary plat.
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38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on June 1, 2022 and no waivers or variances were requested. Staff offers the following
summary comments on the documents required with BMC 38.220.060, BMC.
38.220.060.A.1 – Surface water
All surface waters and delineated floodplains have been mapped. Over 60% of the site is
proposed to be set aside in common open space including a wildlife refuge. This provides many
benefits, including the ability to leave much of the surface water undisturbed. Refer to Section 4
Compliance with Chapter 38, BMC and other relevant regulations above in regards to impacts to
wetland setbacks as well as fill in the floodplain.
38.220.060.A.2 - Floodplains
A FIS (Flood Insurance Study), dated September 2, 2011 and published by FEMA, covers the
East Gallatin River floodplain in the project area. Applicable floodplain permits will or have
been applied for. Minimal fill is proposed in the floodplain and is discussed above under Section
4 Compliance with Chapter 38, BMC and other relevant regulations.
38.220.060.A.3 - Groundwater
The groundwater was monitored both in 2015 as well as 2020 to determine ground water depth
variations. The levels ranged from 3.6’ to 7.1’. The development areas will have fill brought in to
create an elevation suitable for development as well as to create a desired grade for gravity sewer
mains. This additional fill will create additional space between the groundwater and future
development. Code Provision No. 5c prohibits basements and crawl spaces due to the known
high groundwater.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision is located on a sloping formation of alluvial materials overlying Tertiary and
Quaternary age alluvial sediments, which is typical in the Gallatin Valley. No geologic hazards
were identified, thus no protective measures were necessary.
38.220.060.A.5 - Vegetation
The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands,
and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red-
osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The
wetland areas of the site are characterize by plant communities typically found in riparian areas
or areas Saturday by groundwater conditions including, but not limited to: reed canary grass;
beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common
cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan
was submitted to, and approved by, Gallatin County. The application also notes they have
removed approximately 2 tons of household trash from four homeless camps located within the
Aspen grove on the property. While the development will naturally disturb vegetation where
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homes are proposed, however the remainder of the site will be improved to a superior
environmental condition, and preserved.
Areas disturbed during construction will be reclaimed through plantings of diverse riparian
vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to
semi-saturated soil conditions. The applicants narrative states, “Best Management Practices
(BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of
ground disturbance will be contained and treated onsite during and after construction. Low
Impact Development (LID) designs such as infiltration galleries and biofiltration will be
incorporated into the project’s final landscape design. These design features will help with water
conservation.”
38.220.060.A.6 - Wildlife
The undeveloped site is home to existing wildlife. The applicants narrative states “large
ungulates such as white tail deer, moose and possible mule deer inhabit the property during
different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers,
mink and possible otters frequent the property periodically. Avian species notably a variety of
raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the
property. Naturally, development of a site will disturb the existing ecosystem. This site is inside
city limits and urban type development is anticipated. The applicant is proposing to leave over
60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a
secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park
which extends the natural setting of the existing park and allows for fluid migration for wildlife
without crossing the urban interface. The wildlife refuge will protect wildlife movement areas
and the existing federally protected wetlands, water bodies, and wildlife habitats from human
impacts. In addition, the Shady Glen HOA will require homeowners with lot lines adjoining the
wildlife preserve to provide fencing to protect wildlife from pets and vice versa.
A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not
likely to negatively impact big game at a population level for several reasons. It represents a
small parcel (about 12 acres), most of which will be preserved in open space. This open space is
currently planned to be adjacent to other open space lands owned by the City of Bozeman and
along the banks of the East Gallatin River. Placing open space lands together amplifies the
benefits of the open space to wildlife. The proposed area is not in a crucial big game winter
range nor a known migration corridor for big game species. Finally, the area is proximate to
other major developments at the outskirts of Bozeman”.
In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife
refuge. In addition, Condition 4 above requires the applicant to construct a fence between the
wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will
be required to install fencing along the west lot lines, bordering the wildlife refuge to provide
separation between the wildlife and residential units.
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38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. There is no agricultural production on the property.
The subject property is designated as Urban Neighborhood according to the City of Bozeman
Community Plan and anticipated urban development.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060.A.10 - Stormwater Management
A stormwater management plan was submitting in accordance with the city’s requirements
adopted stormwater master plan. The stormwater facilities will be maintained by the Shady Glen
Homeowners Association. Development of site infrastructure will be performed in accordance
with an MPDES stormwater permit prepared by the contractor at the time of construction. The
subdivision will not significantly impact stormwater infrastructure.
38.220.060.A.11 - Streets, Roads and Alleys
The proposed subdivision has two access points. The main vehicular access is proposed from
Birdie drive, a city street, through The Links Condominium development. The proposed
connection will be through a Public Access and Utility Easement. A secondary access is
provided that will connect the proposed street Shady Glen Lane to Commercial Drive within the
Bridger Center to the south. The gated access will provide a secondary emergency access as well
as secondary pedestrian and bicycle access. The access will be maintained by the Shady Glen
Homeowners Association, including keeping it clear of snow during the winter. Refer to Section
4 Compliance with Chapter 38, BMC and other relevant regulations above for further discussion
on streets and access.
Due to the small number of lots, it was determined by the Engineering Department that a traffic
study would not be necessary.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The property is zoned R-1 which
anticipates this level, or higher of development. Because the majority of the site is being set aside
in a wildlife refuge, the amount of development may be less than what was anticipated. The
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22294 Staff Report for Shady Glen Subdivision Page 25 of 30
proposed subdivision will create 16 lots, two of which are affordable units, and 5 common open
space lots.
Net residential density is defined as the number of residential dwelling units per buildable unit of
land, excluding any land used or to be used as street rights-of-way, parks, public buildings or
private non-residential uses. Taking this into consideration, and removing the land dedicated for
infrastructure and parklands, there is a net density of 5.59 units per acre. There is a minimum
density of 5 units per acre in the R-1 zoning district, thus this development provides density in
the developable acres as anticipated in the R-1 zoning district.
In order to minimize human conflicts with adjacent residential and commercial development,
fences are required to be in place. Refer to Condition of Approval 4.
38.220.060.A.14 - Parks and Recreation Facilities
This subdivision has proposed to provide cash-in-lieu of parkland which is supported by the
Parks Department. While the Subdivision is providing a large amount of common open space,
the open space is encumbered with wetlands and other critical areas that are not conducive to
being a city park, which are typically programmed with activities, either active or passive. In
addition, the subdivision is proposed in very close proximity to Story Mill Community Park,
Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link
for pedestrians and bicyclists in the non-motorized network for the area connecting the trail
system to the north of the subdivision to the Glen Lake Rotary Park trail system. Thus the Parks
Department supports the request to provide cash-in-lieu of parkland.
38.220.060.A.15 - Neighborhood Center Plan
Glen Lake Rotary Park and Story Mill Community Park serve as the Shady Glen neighborhood
center as they are within one-half mile of the subdivision.
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications.
38.220.060.A.17 - Miscellaneous
The proposed subdivision will improve the access to public lands by creating an additional
pedestrian connection. No known hazardous conditions exist on the property. The proposed
subdivision is outside of the Wildland Urban Interface (WUI). No health or safety hazards on-
site or off-site will be created with this development.
38.220.060.A.18 - Affordable Housing
This application does not rely on incentives authorized in 38.380. However the applicant is
voluntarily providing two deed restricted lots for townhouse units that will be affordable units.
The affordable units are being counted as performance points for the PUD evaluation. Refer to
Condition of Approval 1 for additional Affordable Housing requirements. The affordable
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22294 Staff Report for Shady Glen Subdivision Page 26 of 30
housing units must be provided as a component of the PUD improvements. All PUD
improvements must be completed prior to 50% completion of all building permits (or the 9th
building permit).
38.220.060.A.19 – Adopted Growth Policy
This proposal furthers the adopted growth policy. The subdivision is zoned R-1 which anticipates
residential development. Refer to Appendix A below, Project Size Zoning and Growth Policy for
further discussion on the adopted growth policies this proposal supports.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1, Residential Low Density District. The intent of the R-1
district is to provide for primarily single-household residential development and related uses
within the city at urban densities.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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22294 Staff Report for Shady Glen Subdivision Page 27 of 30
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an 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
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22294 Staff Report for Shady Glen Subdivision Page 28 of 30
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support detached residential lots as well as two townhouse lots with affordable
housing units. The urban neighborhood designation recognizes that at times lower densities may
develop due to site constraints and/or natural features. The presence of water features and
wetlands on this site, as well as the access constraints limit the density that can be realized on the
property. However, the density provided is meeting the minimum of 5 dwelling units per acre
when the critical lands and common open space lands are removed from the gross lot size. The
townhouse and multi-household lots will support construction of “missing middle” housing
which is contemplated throughout the Bozeman Community Plan 2020. The proposed
subdivision is also located in a central area with relatively quick access to a variety of goods and
services. As previously discussed, the subdivision relies on a recommendation of approval for
the Shady Glen PUDP, application 22293 that is being considered concurrently with this
preliminary plat application.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for
the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 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. This site is an infill development,
surrounded by existing residential uses with complimentary uses such as schools, parks, grocery
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22294 Staff Report for Shady Glen Subdivision Page 29 of 30
stores, and employment opportunities within a relatively short distance. There are no adopted
development standards relating to the walk score.
The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles
from Story Mill Park. The subdivision is adjacent to an existing commercial neighborhood to the
south. While some of the businesses are heavier commercial uses that may not provide daily
services, there is a close coffee shop, convenience store, meadery, brewery among other services
that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition,
Story Mill Community Center is.16 miles away. A unique outcome of the design of the
subdivision is many of these amenities are closer to walk to than they are to drive due to the
emergency access that serves as a dual pedestrian access. This design will further the walkability
goal of the growth policy.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N – 3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Bechtle Architects, 4515 Valley Commons Drive
201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas
Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period/City Commission public meeting per BMC 38.220.420, The public notice
period for this application is set to run from February 26 through March 21, 2023, with
publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday,
February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject
property on February 26, 2023. The applicant sent public notice to all landowners of record
within 200-feet of the subject property via first class mail, on February 24, 2023.
No public comments had been received at the time this report was written.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman,
MT 59715
Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman,
MT 59718
Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718
Report By: Lynn Hyde, Development Review Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed: Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265045&dbid=0&repo=BOZEMAN as
well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-201
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=269838&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:The North 8th Zone Map Amendment Requesting Amendment of the City
Zoning Map to Change the Zoning on 0.4828 Acres from R-4 (High Density
Residential District) to R-5 (Residential Mixed-Use High Density District).
Located on the Southwest Corner of North 8th Avenue and West Lamme
Street. Application 22366
MEETING DATE:March 6, 2023
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 22366 and move to recommend
approval of the North 8th 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, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture,
submitted an application to rezone three parcels totaling 0.4828 acres from
R-4 to R-5. The properties currently host a variety of residential and
accessory structures with alley access.
Future development plans were not submitted, or required, with the
application. However, based on the applicant narrative it appears future
development will be residential with the possibility utilization of the
affordable housing incentives. The property is within the Neighborhood
Conservation Overlay District (NCOD) but is not within a designated historic
district and directly adjacent to the Midtown Urban Renewal District but not
within the boundaries of the district.
The primary differences between the R-4 and R-5 districts are in permitted
uses and dimensional standards. R-5 allows limited restaurant and retail uses
and requires less land area per residential unit, allows 10 more feet of height
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or five stories, smaller setbacks, less parking, and no restrictions on lot
coverage.
Application materials can be viewed on the City’s development map at the
following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=270076&dbid=0&repo=bozeman
An application in association with the 2018 code update proposed modifying
the zoning on numerous properties adjacent to Lamme Street from R-4 to R-
5, Application 15320. The application included the properties associated
with this application. All properties on the south side of Lamme Street from
North 8th west to North 11th were included with this application. The
review of the application was analyzed under the previous Bozeman
Community Plan. The Commission heard considerable public comment. On
June 27, 2016 the Commission voted to deny the application on a 2:3 vote.
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:
22366 North 8th ZMA CDB SR.pdf
Report compiled on: February 28, 2023
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Page 1 of 22
22366, Staff Report for the North 8th Zone Map Amendment
Public Hearing Date(s):
Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on March 6, 2023 at 6:00 pm.
City Commission public hearing will be held on April 4, 2023 at 6:00 pm.
Project Description: The North 8th zone map amendment requesting amendment of the City
Zoning Map to change the zoning on 0.4828 acres from R-4 (High Density Residential
District) to R-5 (Residential Mixed-Use High Density District). Located on the southwest
corner of North 8th Avenue and West Lamme Street.
Project Location: The property is generally located on the southwest corner of North 8th
Avenue and West Lamme Street and more particularly described as Lots 1, 2, 3, 4, 5 and
6, Block 7, Springbrook Addition to Bozeman, [Plat B-24], located in the Northeast
Quarter of Section 12, Township 2 South (T2S), Range 5 East (R5E), P.M.M., City of
Bozeman, Gallatin County, Montana.
Recommendation: Meet standards for approval
Recommended Community Development Board Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 22366 and move to
recommend approval of the North 8th Zone Map Amendment, with contingencies required
to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the findings presented
in the staff report for application 22366 and move to approve the North 8th Zone Map
subject to contingencies required to complete the application processing.
Report Date: February 28, 2023
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
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22366 Staff Report for the North 8th Zone Map Amendment Page 2 of 22
Project Summary
The owner, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture, submitted an
application to rezone three parcels totaling 0.4828 acres from R-4 to R-5. The properties
currently host a variety of residential and accessory structures with alley access.
Future development plans were not submitted, or required, with the application. However,
based on the applicant narrative it appears future development will be residential with the
possibility utilization of the affordable housing incentives. The property is within the
Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic
district and directly adjacent to the Midtown Urban Renewal District but not within the
boundaries of the district.
The primary differences between the R-4 and R-5 districts are in permitted uses and
dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area
per residential unit, allows 10 more feet of height or five stories, smaller setbacks, less parking,
and no restrictions on lot coverage.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=270076&dbid=0&repo=bozeman
An application in association with the 2018 code update proposed modifying the zoning on
numerous properties adjacent to Lamme Street from R-4 to R-5, Application 15320. The
application included the properties associated with this application. All properties on the south
side of Lamme Street from North 8th west to North 11th were included with this application.
The review of the application was analyzed under the previous Bozeman Community Plan.
The Commission heard considerable public comment. On June 27, 2016 the Commission voted
to deny the application on a 2:3 vote.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on March 6, 2023 and will forward their recommendation to the City
Commission.
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.
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22366 Staff Report for the North 8th Zone Map Amendment Page 3 of 22
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 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 .............. 19
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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Page 4 of 22
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map
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22366 Staff Report for the North 8th Zone Map Amendment Page 5 of 22
Figure 2: Future Land Use Map
R-4 Zone
R-2 Zone
Community
Commercial
Mixed
Designation
Urban
Neighborhood
Designation
Public
Institutions
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22366 Staff Report for the North 8th Zone Map Amendment Page 6 of 22
Figure 3: Current Zoning Map
B-2M Zoning
R-4
Zoning PLI
Zoning
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Page 7 of 22
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “North 8th Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “North 8th Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
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 December 28, 2022. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on March 6, 2023. The meeting will begin
at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana,
Members of the public will also be able to participate remotely via WebEx. Instructions for
joining the WebEx meeting will be included on the meeting agenda which is published on the
City’s website at least 48 hours prior to the meeting.
The City Commission will hold a public meeting on the zone map amendment on April 4,
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.
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22366 Staff Report for the North 8th Zone Map Amendment Page 8 of 22
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B); promote public health, public safety, and
general welfare (criteria C); and facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the
Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone
map amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of regulations for land development. Standards which prevent or mitigate negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
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.”
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22366 Staff Report for the North 8th Zone Map Amendment Page 9 of 22
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future land
use map is not possible without understanding the category descriptions.”
The area of this application is within the urban area in the City’s adopted land use plan. As
shown on the maps in Section 1, the property is designated as Urban Neighborhood. The
subject property is surrounded by other Urban Neighborhood designated properties. The Urban
Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations,
churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
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22366 Staff Report for the North 8th Zone Map Amendment Page 10 of 22
The Applicant narrative makes a strong case in support of the requested zone change. Although
a number of the arguments are spurious Staff generally concurs with these findings. The
Argument chapter covers many of the review criteria detailing the Location & Transportation,
Residential Focused Mixed-Use, and Form & Intensity Considerations. In addition, the
applicant provided specific comment on the State required review criteria.
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 Community Plan includes several goals and objectives that are broadly served through
this application in addition of the analysis provided by the applicant, including:
The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale
development with a diverse mixture of possible uses. The R-5 district can help to absorb a
portion of the growth that is projected for the City and allows limited commercial activity to
support that residential activity. Supported goals include the following:
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to occur
at urban densities and will be within the City.
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“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
The subject property is near two primary commercial areas of the City; downtown and north
seventh. In addition, Mendenhall is a designated Minor Arterial street and N 7th is a Principal
Arterial according to the Bozeman Area Transportation Plan, 2017 Update. Direct access to
11th Avenue, a Collector street, to the west provides additional access to the property.
Staff finds a neutral finding for 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 apartments through higher minimum densities although
it does allow for a wide range of housing types. However, the design standards associated with
R-5 will significantly evolve the character of the street. Currently, the street face is comprised
with detached single story residential structures. The existing development in the area is below
the permitted intensity allowed by the R-4 district. The more permissible standards of the R-5
district will encourage less housing variety and increase the bulk and mass of future buildings
through the increased minimum density, reduced parking, and lot coverage standards. 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 subject property and adjacent R-4 zoned properties do not maximize permitted intensity.
As noted above, nearly all residential structures are single-story and have a mass and scale
representative of single-household homes. The question of character highlights a central theme.
Would R-4 or R-5 zoning promote the unique character of the district more appropriately? The
R-5 zone encourages larger development and more density through decreased lot coverage,
less parking, more height, allows commercial uses, and an increase in minimum density. On
the other hand, if fully developed, the R-4 zone allows considerably more mass and bulk than
currently constructed.
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those justifications.
First, a change in correlation between zoning and growth policy, and second, the owner
requests the change and can meet required standards. This report determines the required
standards can be met. No material conflicts with the growth policy have been identified.
Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is developed with residential structures and associated accessory
buildings. Future development of the property will be required to conform to all City of
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Bozeman public safety, building and land use requirements, which will ensure this criterion is
met. The change from R-4 to R-5 is not likely to adversely impact safety from fire and other
dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 4, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The 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 is adjacent to the properties to the east.
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
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
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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.
Criterion met. The requested change in zoning from R-4 to R-5 will not itself impact the
motorized and non-motorized transportation system. The transportation is complete that serves
the property. Future land uses and intensity of development are not entirely known. R-5 zoning
allows some commercial activity, but due to the size and configuration of the lot significant
additional traffic would not be anticipated. However, future development may have to provide
a traffic impact statement to identify potential impacts and corrective action.
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.
Multiple addresses are involved with this application. Using 119 N 8th as a basis, the Walk
Score is 88, a Transit Score of 24, and a Bike Score of 71. According to Walk Score® the walk
score measures the walkability of any address based on the distance to nearby places and
pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
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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.
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.
The properties are within the Neighborhood Conservation Overlay District (NCOD). The
Neighborhood Conservation Overlay District is an area that was created by the City of
Bozeman to recognize the historic core of the Bozeman community. It encompasses
Bozeman’s nine National Register of Historic Places historic districts, as well as the many
individual National Register listings. Please see Chapter 5 of the Bozeman Design Guidelines
for Historic Preservation and the Neighborhood Conservation Overlay District for a detailed
description of each historic district. All proposed alterations (including demolition) to
structures and sites within the area are subject to design review by the City of Bozeman
Department of Planning and are subject to standards set forth in the UDC, in addition to these
particular design guidelines.
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
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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
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.”
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The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a wide
range of possible answers for each community to consider. Some communities take a
highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to another
and is consistent with the growth policy, any physical conflicts will be minimal, if present
at all. The City’s zoning policy encourages continued development of mixed uses. … The
City uses the broad scope of its development standards to enable differing uses to be
successful near each other. This shows on the zoning map where districts providing a wide
diversity of uses are intermixed.”
Staff concludes 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 not met. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to carry
out the purposes [promoting health, safety, morals, or the general welfare of the community]
of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
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;
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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 area that surround the subject properties are in a unique position for future change. For all
intents and purpose it is surrounded by significant transportation corridors and adjacent to large
swaths of B-2M zoning, one to of the City’s most intensive districts. Additionally, directly
across the street to the east is the boundary of the Midtown Urban Renewal district (MURD).
The MURD goal is to:
1. Promote Economic Development
2. Improve Multi-Modal Transportation
3. Improve, Maintain and Support Innovation in Infrastructure
4. Promote Unified, Human Scale Urban Design Goal
5. Support Compatible Urban Density Mixed Land Uses
Further, as noted above, the existing development is one of the City’s least congruent with
respect to permissible intensity. The City generally analyses compatible growth by the form
and intensity standards allowed by the existing zoning of the area, in this case R-4. The R-4
zoning for this area was adopted in 1991; Ordinance 1332 based on the 1990 Bozeman Area
Master Plan.
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.
Permitted intensity and density are greater in the R-5 zone that the R-4 district. Considering
the location and proximity to significant commercial, entertainment, employment
opportunities, and transportation system to support intensification the change from R-4 to R-5
is considered in character with the district.
I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated. However, considering the
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context of the site with the statements of intent in the applicant submittal further development
will occur and will likely be residential.
As shown in Figure 4, the property is bounded by B-2M zoning on the east and south, R-4 to
the west and north. The proposed R-5 district supports a greater variety uses that R-4. Final
determination of suitability will occur during the site development process.
The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary
purpose. While the R-4 district focuses on associated service functions, R-5 relies on
residentially supportive commercial uses, emphasis added. Both districts provide for high-
density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to serve
the varying needs of the community's residents. Therefore, this criterion is met.
J. Conserving the value of buildings.
Neutral. The site has an existing two-household residential building with associated accessory
structure. R-5 zoning allows for more diverse development on the subject parcel. There is no
known data that suggests intensification adjacent to inholding properties diminished the value
of adjacent property or buildings, however, a perception of decreased value is often referenced.
Based on available evidence it appears that further intensification in increases the value of
property and buildings adjacent to those properties that experience development or
redevelopment.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed R-5 district, while other
buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack
of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application generally complies with the BCP 2020 by
proposing zone map amendments of districts that continue to implement the future land use
map designations. In this case, urban neighborhood development has been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that are appropriate to a site’s context and according to the BCP 2020.
Similarly, as stated by the applicant, “…, the Community Plan illustrates the most appropriate
uses of land through the future land use map. The future land use map category in this case
identifies these parcels as urban neighborhood as the most appropriate type of development for
this property. The R-5 zoning district in this location will act as a transition zone between B-
2M mixed use commercial areas and the adjacent R- 4 zoned parcels to the west.”
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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, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture, submitted an
application to rezone three parcels totaling 0.4828 acres from R-4 to R-5. The properties
currently host a variety of residential and accessory structures with alley access.
Future development plans were not submitted, or required, with the application. However,
based on the applicant narrative it appears future development will be residential with the
possibility utilization of the affordable housing incentives. The property is within the
Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic
district and directly adjacent to the Midtown Urban Renewal District but not within the
boundaries.
The primary differences between the R-4 and R-5 districts are in permitted uses and
dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area
per residential unit, allows 10 more feet of height or five stories, smaller setbacks, less parking,
and no restrictions on lot coverage.
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Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=270076&dbid=0&repo=bozeman
An application in association with the 2018 code update proposed modifying the zoning on
numerous properties adjacent to Lamme Street from R-4 to R-5, Application 15320. The
application included the properties associated with this application. All properties on the south
side of Lamme Street from North 8th west to North 11th were included with this application.
The review of the application was analyzed under the previous Bozeman Community Plan.
The Commission heard considerable public comment. On June 27, 2016 the Commission voted
to deny the application on a 2:3 vote.
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
February 19 and 26, 2023. The Community Development Board hearing is scheduled for
March 6, 2023. The City Commission public hearing is scheduled for April 4, 2023.
As of the production of this report no public comment has been received.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
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The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged.
In limited instances, an area may develop at a lower gross density due to site constraints and/or
natural features such as floodplains or steep slopes. Complementary uses such as parks, home-
based occupations, fire stations,
churches, schools, and some
neighborhood-serving
commerce provide activity
centers for community gathering
and services. The Urban
Neighborhood designation
indicates that development is
expected to occur within
municipal boundaries. This may
require annexation prior to
development. Applying a zoning
district to specific parcels sets
the required and allowed
density. Higher density
residential areas are encouraged
to be, but are not required or
restricted to, proximity to
commercial mixed use areas to
facilitate the provision of
services and employment
opportunities without requiring
the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested R-5 (Residential Mixed-Use High Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
A full list of permitted use can be view in tables 38.310.030.A and B.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Dark Horse Properties, LLC, 8652 South 19th Avenue, Bozeman, MT 59715
Applicant: Intrinsik Architecture, LLC, 106 E Babcock, Suite 1A, Bozeman, MT 59715
Representative: Dark Horse Properties, LLC, 8652 South 19th Avenue, 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?id=270076&dbid=0&repo=BOZEMAN
99
Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Bennett Annexation Application 22380 Requesting Annexation of 35.96
Acres and Amendment Application 22380 of the City Zoning Map for the
Establishment of a Zoning Designation of REMU (Residential Emphasis
Mixed-Use District). 5532 Stucky Road (Readdressed to 2650 and 2680
Bennett Blvd.) Approximately One-Half Mile West of South 19th Avenue on
the South side of Stucky Road. Application 22380
MEETING DATE:March 6, 2023
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 22380 and move to recommend
approval of the Bennett Properties 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 applicant and property owners seek to annex three parcels totaling
35.96 acres plus adjacent rights-of-way into the City limits and establish an
initial zoning of REMU, Residential Emphasis Mixed-Use district. The
property is currently zoned “Agriculture Suburban” (AS) within the County
administered Gallatin County Bozeman Area Zoning District (the Donut).
The property is adjacent and south of Stucky Road and bounded on the east
by Genesis Business Park, a County in holding, and Meadow Creek phase 1
park. Gran Cielo subdivision bounds the property on the southeast side
creating an extension of South 27th Avenue with additional undeveloped
property on the northwest side.
Considerable development is occurring in the vicinity including the Gran
Cielo subdivision, Nexus Point residential development, the Graf Street
development, and the West University property annexation to the north
100
across Stucky Road.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes the REMU
district as an implementing zoning district. Nearby municipal zoning to the
south is R-4 (Residential High Density district) to the southeast, R-3
(Residential Medium Density district) to the south and southwest, and R-4
(Residential High Density district) and R-5 (Residential High Density-Mixed
district) on the northwest side. The property is bordered by Stucky Road to
the north (a Bozeman classified Collector street). The proposed annexation
would bring in additional right of way to build out another section of Stucky
Road as would be required with future development. South 27th Avenue has
adequate right of way width.
The property is currently hosts two residential structures being served with
City sewer service which was connected through an emergency connection
option the city offers. The construction of South 27th Avenue severed the
septic systems from the existing homes. The Gran Cielo development had
installed service adjacent to the structures.
The property has a recently installed 15 inch sewer mains and 8 inch water
mains (partial) running along the property to the west in South 27th Avenue
and on the south side in Graf Street. In addition an existing 21 inch sewer
main is in the Stucky road ROW.
This is the second annexation application for this property. The first
application (21331) was reviewed and approved by the City Commission on
March 22, 2022. A full video recording of the review can be viewed on the
Meeting Videos Webpage under "Past Meetings" and "City Commission".
Meeting Videos Webpage
Staff prepared the annexation agreement for the application to sign and
return to the City for final processing through adoption of an implementing
Resolution. The annexation agreement was not returned in the required
time period and the approval was voided pursuant to Term of annexation
No. 4. Although it is not articulated in the application narrative, it is Staff’s
understanding that the applicant was not comfortable with one of the Terms
of Annexation the Commission approved as part of the original application.
Term No. 12 required improvements to Stucky Road to accommodate all
users and address public safety to a City standard prior to occupancy of any
development on site.
At the time of the review and approval of the original application there were
no plans on the City’s Capital Improvement Plan (CIP) to allocate City
resources to make improvements to Stuck Road west of South 19th.
Subsequently the FY24-FY28 CIP included funds from the Street Impact Fee
Fund for improvements to Stucky Road from South 19th to Fowler Road.
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UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
22380 Bennett Annx II -ZMA CDB.pdf
Report compiled on: February 28, 2023
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Page 1 of 42
22380 Staff Report for the Bennett II Annexation and Zone Map Amendment
Public Hearing: Community Development Board acting in their capacity as the Zoning
Commission meeting is on March 6, 2023
City Commission meeting is on April 4, 2023
Project Description: Bennett Annexation application 22380 requesting annexation of 35.96
acres and amendment application 22380 of the City Zoning Map for the establishment
of a zoning designation of REMU (Residential Emphasis Mixed-Use District). 5532
Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd.) approximately one -half
mile west of South 19th Avenue on the south side of Stucky Road.
Project Location: 2650 and 2680 Bennett Blvd. and generally located on the southeast corner
of Stucky Road and South 27th Avenue. Legally described as Tract 1 of COS 2632,
Tract 2 of COS 2725, and Tract 3 of COS 2532, located in Section 23, Township Two
South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Community Development Board Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information presented,
I hereby adopt the findings presented in the staff report for application 22380 and move
to recommend approval of the Bennett Properties Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 22380 and move
to approve the Bennett Properties Annexation.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 22380 and move to approve the Bennett Properties Zone
Map Amendment.
Report Date: February 28, 2023
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex three parcels totaling 35.96 acres plus
adjacent rights-of-way into the City limits and establish an initial zoning of REMU, Residential
Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS)
within the County administered Gallatin County Bozeman Area Zoning District (the Donut).
The property is adjacent and south of Stucky Road and bounded on the east by Genesis
Business Park, a County in holding, and Meadow Creek phase 1 park. Gran Cielo subdivision
bounds the property on the southeast side creating an extension of South 27th Avenue with
additional undeveloped property on the northwest side.
Considerable development is occurring in the vicinity including the Gran Cielo subdivision,
Nexus Point residential development, the Graf Street development, and the West University
property annexation to the north across Stucky Road.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes the REMU district as an implementing
zoning district. Nearby municipal zoning to the south is R-4 (Residential High Density district)
to the southeast, R-3 (Residential Medium Density district) to the south and southwest, and R-
4 (Residential High Density district) and R-5 (Residential High Density-Mixed district) on the
northwest side. The property is bordered by Stucky Road to the north (a Bozeman classified
Collector street). The proposed annexation would bring in additional right of way to build out
another section of Stucky Road as would be required with future development. South 27th
Avenue has adequate right of way width.
The property is currently hosts two residential structures being served with City sewer service
which was connected through an emergency connection option the city offers. The construction
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of South 27th Avenue severed the septic systems from the existing homes. The Gran Cielo
development had installed service adjacent to the structures.
The property has a recently installed 15 inch sewer mains and 8 inch water mains (partial)
running along the property to the west in South 27th Avenue and on the south side in Graf
Street. In addition an existing 21 inch sewer main is in the Stucky road ROW.
This is the second annexation application for this property. The first application (21331) was
reviewed and approved by the City Commission on March 22, 2022. A full video recording of
the review can be viewed at the following ink.
https://bozeman.granicus.com/player/clip/258?view_id=1&redirect=true&h=57b80b5adc719
ac1b7e37c26bdf70c64
Staff prepared the annexation agreement for the application to sign and return to the City for
final processing through adoption of an implementing Resolution. The annexation agreement
was not returned in the required time period and the approval was voided pursuant to Term of
annexation No. 4. Although it is not articulated in the application narrative, it is Staff’s
understanding that the applicant was not comfortable with one of the Terms of Annexation the
Commission approved as part of the original application. Term No. 12 required improvements
to Stucky Road to accommodate all users and address public safety to a City standard prior to
occupancy of any development on site.
At the time of the review and approval of the original application there were no plans on the
City’s Capital Improvement Plan (CIP) to allocate City resources to make improvements to
Stuck Road west of South 19th. Subsequently the FY24-FY28 CIP included funds from the
Street Impact Fee Fund for improvements to Stucky Road from South 19th to Fowler Road.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on March 6, 2023. After the completion of the public hearing a report on
their deliberations will provided to the City Commission.
No public comment has been received as the production of this report.
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Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Alternatives ......................................................................................................................... 4
SECTION 1 - MAP SERIES: ................................................................................................... 6
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 12
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 18
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 19
Annexation ........................................................................................................................ 19
Zone Map Amendment ..................................................................................................... 19
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 20
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 27
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 37
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 38
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 38
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 41
FISCAL EFFECTS ................................................................................................................. 42
ATTACHMENTS ................................................................................................................... 42
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: Project Aerial Vicinity Map (2021 Image)
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Map 3: Large Format Vicinity Map
Subject Property 110
Staff Report for the Bennett Annexation and ZMA, Application 22380 Page 9 of 42
Map 4: BCP 2020 Future Land Use Map
Subject Property 111
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Map 5: Existing City Zoning
Subject Property 112
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Map 6: Watercourses, existing and Proposed PROST trail network
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “Bennett Properties Annexation”.
2. An Annexation Map, titled “Bennett Properties Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers
Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. The applicant must extend the annexation map to the full width of Stucky Road for the
full length of the subject property adjacent to Tract 2 COS 2725.
4. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation
agreement from the City to the applicant or annexation approval shall be null and void.
5. The land owners and their successors must pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit
listed therein.
6. If they do not already exist the applicant must provide and file with the County Clerk
and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SIDs) for the following:
a. Street improvements to S. 27th Avenue between Stucky Road and West Graf
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to Stucky Road between Fowler Lane and South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
c. Street improvements to West Graf Street between Fowler Lane to South 19th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
d. Street improvements to Fowler Lane between West Graf Street and Stucky Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
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e. Intersection improvements at South 27th Ave and West Graft Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Intersection improvements at Fowler Lane and West Graf Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements at West Graf Street and South 19th Ave including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at Stucky Road and South 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. SID waiver 3 - Alternate Financing Term. The document filed must specify that in
the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion
of the improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The applicant must provide a copy of the
SID waiver in conjunction with the Annexation Agreement.
k. SID waiver template term. The applicant may obtain a copy of the template SID
waiver from the City Engineering Department. The document filed must specify
that in the event an SID is not utilized for the completion of these improvements,
the applicant agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined
by square footage of property, taxable valuation of the property, traffic contribution
from the development, or a combination thereof. The applicant must provide a
copy of the SID waiver filed with the County Clerk and Recorder prior to
annexation.
7. The Annexation Agreement must include the following notices:
a. Storm Water Master Plan. The Annexation Agreement must include notice that,
prior to development, the applicant will be responsible for preparing a storm water
master plan in conjunction with future development. The storm water master plan
shall address maintenance and operations until and unless the City affirmatively
assumes responsibility for maintenance and operations of stormwater facilities
within the area of the annexation.
b. Extent of Service. The Annexation Agreement must include notice the City will,
upon annexation, make available to the Property existing City services only to the
extent currently available, or as provided in the Agreement.
c. Verification of Municipal Service. The Annexation Agreement must include notice
that there is no right, either granted or implied, for Landowner to further develop
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any of the Property until it is verified by the City that the necessary municipal
services are available to the property.
d. Municipal Service Installation. The Annexation Agreement must include notice
that, prior to development, the applicant will be responsible for installing any
facilities required to provide full municipal services to the properties in accordance
with the City of Bozeman's infrastructure master plans and all City policies that
may be in effect at the time of development.
e. Utility Easements. The Annexation Agreement must include notice that utility
easements may be required to be provided by the landowner at the time of
development to ensure necessary municipal services are available to the property.
f. The agreement must include notice that charges and assessments may be required
after completion of annexation to ensure necessary municipal services are available
to the property.
g. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
h. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the final
Annexation Agreement.
8. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
9. The applicant must contact the City’s Engineering Department to obtain an analysis of
cash-in-lieu of water rights for the proposed annexation. The determined amount must
be paid prior to the adoption of Resolution of Annexation, if applicable.
10. City of Bozeman Resolution 5076, Policy 1 – Stucky Road is classified as a collector
in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-
way ROW width of (90) feet. The applicant must provide their respective Stucky Road
ROW from the centerline of the existing ROW as a public street and utility easement
where Stucky Road is adjacent to the property prior to the adoption of Resolution of
Annexation.
Based on the information provided, it appears that 15 ft of ROW must be provided as
a public street and utility easement along the property's north boundary, directly
adjacent to Stucky Road. The following submittal materials are required prior to the
adoption of Resolution of Annexation:
1) The applicant must prepare a public street and utility easement for the City to
review. The final document must be stamped by a professional surveyor.
2) The applicant must prepare a separate exhibit, specifically showing the proposed
easement along Stucky Road, as well as all other easements in the general area of the
needed ROW. The exhibit is requested, given the area's complexity and the numerous
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other easements shown on the existing plats and COS provided. Clearly show what is
being provided vs. existing easements.
11. City of Bozeman Resolution 5076, Policy 1 – South 27th Street is classified as a
collector in the Bozeman Transportation Master Plan (TMP), which has a minimum
right-of-way ROW width of (90) feet. The applicant must provide their respective
South 27th Road ROW from the centerline of the existing ROW as a public street and
utility easement where South 27th is adjacent to the property prior to the adoption of
Resolution of Annexation. Based on the information provided, it appears that 45 ft of
ROW must be provided as a public street and utility easement along the property's
western boundary, directly adjacent to existing South 27th ROW.
The following submittal materials are required prior to the adoption of Resolution of
Annexation:
1) The applicant must prepare a public street and utility easement for the City to
review. The final document must be stamped by a professional surveyor.
2) The applicant must prepare a separate exhibit, specifically showing the proposed
easement along South 27th, as well as all other easements in the general area of the
needed ROW.
The exhibit is requested, given the area's complexity and the numerous other easements
shown on the existing plats and COS provided. Clearly show what is being provided
vs. existing easements. The applicant can contact engineering if they have questions
about the requested submittal materials.
12. City of Bozeman Resolution 5076, Policy 1 – Graf Street is classified as a collector
in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-
way ROW width of (90) feet. The applicant must provide their respective Graf Street
ROW from the centerline of the existing ROW as a public street and utility easement
where Graf Street is adjacent to the property prior to the adoption of Resolution of
Annexation. As presented, it is unclear the amount of ROW that needs to be dedicated
based on the applicants submitted materials.
The applicant needs to provide a clear exhibit showing that Graf Street, specifically
adjacent to the subject property, has the correct ROW. Again, the materials provide
indicate that the appropriate amount of ROW has been provided. However, this needs
to be clearly shown on a single exhibit, not across multiple documents with several
other easements.
Lastly, if ROW needs to be provided. The applicant must provide their respective Graf
Street ROW prior to the adoption of Resolution of Annexation.
13. In the applicant-provided Bennett Annexation Map an existing garage is located within
future South 27th street ROW that would be granted via easement as part of this
annexation agreement.
The applicant is advised the per Engineering Design Standards and Specifications no
permanent structure shall be placed within a utility easement (public street and utility
easement in this case) unless an encroachment permit has been obtained through the
City.
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As part of this annexation agreement and in accordance with the granting of the South
27th Public Street and Utility Easement the applicant will need to obtain an
encroachment permit for the existing garage structure that would be located within
South 27th ROW. Prior to the adoption of Resolution of Annexation the applicant will
need to work with the City's engineering department on obtaining an encroachment
permit for the structure. The encroachment permit would allow the applicant to keep
the structure in place until future development of South 27th Street. Terms and
conditions of the encroachment permit would need to be finalized prior to the adoption
of Resolution of Annexation.
Advisory Comments
1. Montana Post-Construction Storm Water BMP Design Guidance Manual
Seasonal High Groundwater - The subject project is located in an area that is known
to have seasonally high groundwater. The applicant must confirm seasonal high
groundwater elevations, and seasonal high groundwater data must be measured and
submitted with any future development application on the parcel. Due to the seasonal
nature of SHGWL measurements, the applicant is advised to begin groundwater
measurements in the winter and continue measuring through July. Measurements must
be at sufficient intervals to define the SHGWL across the site. Industry guidance
recommends a three-foot minimum separation from the bottom of a stormwater facility
to the underlying groundwater table. The applicant is advised that future development
may be subject to limitations or restrictions based on seasonal high groundwater
elevations.
2. BMC 38.400.010 Streets (A) (1). Upon future development, South 27th Avenue must
be fully constructed adjacent to the subject property to the City’s Collector Standard as
defined in the City’s Transportation Master Plan. Any required right-of-way (ROW)
or public street and utility easement acquisition from offsite property owners is the
applicant’s responsibility.
3. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems. In
conjunction with streets construction - The City’s Water Facility Plan identified the
need for a water transmission main (CIP Reference FP_1386: 12-inch water main New
Growth and Development) directly adjacent to the subject property in South 27th Ave
to service future development.
Water infrastructure improvements will be reviewed with future development
applications. The identified water capital planning improvements must be designed in
coordination with any future Stucky Road improvements adjacent to the subject
property.
The applicant is advised that the capital Improvements identified within the facility
plans must be located within City ROW, a public street and utility easement, or a water
and sewer easement.
4. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems. In
conjunction with streets construction - The City’s Water Facility Plan identified the
need for a water transmission main (CIP Reference FP_1372: 16-inch water main New
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Growth and Development) directly adjacent to the subject property in Stucky Road to
service future development.
Water infrastructure improvements will be reviewed with future development
applications. The identified water capital planning improvements must be designed in
coordination with any future Stucky Road improvements adjacent to the subject
property.
The applicant is advised that the capital Improvements identified within the facility
plans must be located within City ROW, a public street and utility easement, or a water
and sewer easement.
5. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal
High Groundwater - The subject project is located in an area that is known to have
seasonally high groundwater. The applicant must confirm seasonal high groundwater
elevations, and seasonal high groundwater data must be measured and submitted with
any future development application on the parcel. Due to the seasonal nature of
SHGWL measurements, the applicant is advised to begin groundwater measurements
in the winter and continue measuring through July. Measurements must be at sufficient
intervals to define the SHGWL across the site. Industry guidance recommends a three-
foot minimum separation from the bottom of a stormwater facility to the underlying
groundwater table. The applicant is advised that future development may be subject to
limitations or restrictions based on seasonal high groundwater elevations.
6. The subject property is located within the Meadow Creek Subdivision payback district
boundary for sewer, water, and signal improvements. The applicant is advised that the
payback must be paid at the time of future subdivision or site plan development
approval.
7. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property
is located at the southern end of the City’s main pressure zone (Sourdough Zone).
Water pressures around the subject property vary from around 60 to 70 psi. Upon future
development, the water distribution system must be designed to meet the requirements
outlined in the City of Bozeman Design Standards and Specifications Policy.
Additionally, all water system improvements must also be designed and installed in
accordance with the Montana Department of Environmental Quality Circular 1;
Montana Public Works Standards and Specifications (MPWSS); City of Bozeman
Modifications to MPWSS; and the City’s most recent Water Facility Plan.
8. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – Upon future
development, the applicant must provide an estimate of the peak-hour sanitary sewer
demands, certified by a professional engineer, for the proposed project. The City will
analyze and determine if sewer capacity is available to accommodate the project. The
applicant is advised that sewer capacity is allocated on a first come first serve basis and
is not entitled until preliminary plat or site plan approval.
9. BMC 38.400.010 Streets (A) (7) – Upon Future Development, South 27th Avenue
must be fully constructed to the City’s Collector standard from the subject property’s
southern boundary (West Graf Street) to the intersection of Stucky Road & South
27th Ave in accordance to the City’s Transportation Master Plan upon future
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development. The applicant is advised that any required ROW or public street and
utility easement acquisition from offsite property owners is the applicant’s
responsibility.
10. BMC 38.400.010 Streets (A) (7) – Upon Future Development, Stucky Road must be
fully constructed to the City’s Collector standard adjacent to the subject property in
accordance to the City’s Transportation Master Plan upon future development. The
applicant is advised that any required ROW or public street and utility easement
acquisition from offsite property owners is the applicant’s responsibility.
The applicant is advised that Stucky Road may need to be fully constructed to a
Collector standard from the intersection of Stucky Road & South 27th Ave to the
intersection South 19th & Stucky Road depending on the proposed usage, future
traffic volumes, and trip distribution from any future development.
The applicant is advised that Stucky Road Upgrades including water main looping to
South 27th have been add to the City's Capital Improvement Plan FY28. Specific
extents and details can be find in the City's approved capital plan.
11. BMC 38.220.060 (A) (12) Traffic Generation – Upon Future Development, The
applicant is advised that a traffic impact study (TIS) could be required depending on
future trips generated. If a TIS is required, it will need to discuss how much daily traffic
will be generated on existing local and neighborhood streets, roads and alleys, when
the subdivision is fully developed
12. BMC 38.400.010 Streets (A) (8) – Upon future development, to facilitate traffic
movement, the provision of emergency services and the placement of utility easements,
all developments must be provided with a second means of access.
13. BMC 38.410.040 Blocks – Upon future development, the applicant must construct
an appropriate local street grid through the property that meets block length
requirements.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Bennett Properties Annexation Zone Map
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
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Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “Bennett Properties
Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must
be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time.
The City Commission will hold a public meeting on the annexation on April 6, 2023. The
meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 22380.
The Development Review Committee (DRC) considered the amendment. The DRC identified
a number of infrastructure deficiencies to future development. With contingencies and adopted
code deficiencies can be addressed and therefore, the DRC found no 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 ZMA on March 6, 2023 and will forward a recommendation to
the Commission on the Zone Map amendment. The meeting will be held in the Commission
Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also
be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be
included on the meeting agenda which is published on the City’s website at least 48 hours prior
to the meeting. The agenda is available at https://www.bozeman.net/meetings.
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The City Commission will hold a public hearing on the zone map amendment on April 4, 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. The agenda is
available at https://www.bozeman.net/meetings.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the west, south,
and southeast side.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion Met. The subject property is wholly surrounded although not immediately adjacent.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion Met. The subject property underwent emergency connection to city sewer service to
allow the construction of South 27th Avenue. No other city services such as water or fire
protection are being provided at this time. Future development will be required to connect with
City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for development
that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
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Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’
and is within the urban area of the growth policy. See the discussion under Criterion A of
Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill in a missing gap between Meadow Creek
Phase 1, the Gran Cielo development, and north to Stucky Road as well as integration of
South 27th Avenue as a north south transportation corridor.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. Stucky Road and Graf Street provide access to the subject property. Stucky
Road is a County road improved with asphalt millings in 2008 and resurfaced again in 2020.
Stormwater is dealt with by barrow ditches, there are no pedestrian or bicycle facilities, no
curb and gutter, or shoulder. According to the Greater Bozeman Area Transportation Plan,
2007 Update, Stucky Road is designated as a Collector street. Collector streets require a 90
foot right of way. Chapter 4 of the Bozeman Transportation Master Plan, 2017 Update details
Major Street Network improvements (MSN). Stucky Road is identified as a recommended
MSN improvement. Item MSN-16 states Stucky Road from South 19th Avenue to Gooch Hill
Road needs to be reconstructed to a three-lane urban collector street. Traffic on Stucky Road
continues to increase. There appears to be a variety of reasons for the increase including the
construction of the roundabout Cottonwood Road, improved surfacing, and county growth.
Stucky Road has become an alternate route to enter the City from Huffine Lane.
40 feet of ROW exists adjacent to the Genesis Business Park development, see Plat J-284.
Genesis Business Park filed an SID for signalization of Stucky and South 19th Avenue
(Document No. 399739 & 400869). Based on review of filed documentation with the Gallatin
County Clerk and Recorder, Genesis Business Park did not file a waiver the right to property
and SID for street improvement to Stucky Road. A full 45 feet of ROW exists adjacent to
Grace Bible Church, see Easement #2605962. In addition, Grace Bible Church provided a
waiver the right to property and SID for street improvement to Stucky Road (Document No.
359448).
The subject property will include the right of way for South 27th Avenue and Stucky Road both
of which are designated Collectors streets according to the Bozeman Area Transportation Plan
2017 update. There is limited opportunity for east/west connections due to previous
development (Genesis Business Park) and the Meadow Creek Phase 1 Park exists. The Stucky
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Road Annexation addressed at 3000 Stucky Road, Application 15-232, west of the Bennett
property and also on the south side of the road required off-site identified the same deficiency
in the street network and required a term of annexation that prior to any habitable structure
built on the property that Stuck Road from South 19th Avenue to the western edge of the Stucky
Road Annexation property be contracted to the Collector standard. A copy of the signed and
executed Annexation agreement can be reviewed at the link below, see annexation term #9.
https://weblink.bozeman.net/WebLink/DocView.aspx?id=97161&dbid=0&repo=BOZEMA
N
A future trail connection is shown in PROST plan connecting the Meadow Creek Park north
adjacent to the watercourse (Middle Creek Ditch) and extends southerly through Middle Creek
subdivision. This annexation will enhance both the City’s vehicular and pedestrian network by
providing future right of way width for these improvements. Although the improvements will
not happen at the time of annexation, future development will be required to install these
improvements as their frontage requirements. Right of way for South 27th and Stucky Road is
required as a term of annexation.
Term of annexation 6 requires grant of a waiver of right to protest creation of SIDs for street
improvements.
Although annexing and establishment of initial zoning does not generate traffic demand, future
development of the property will. The recently adopted Capital Improvement Plan (CIP FY24-
FY28 included funds from the Street Impact Fee Fund for improvements to Stucky Road from
South 19th to Fowler Road. advisory note is included to ensure all future developers are aware
of required transportation infrastructure improvements.
At the time of the review and approval of the original application there were no plans on the
City’s Capital Improvement Plan (CIP) to allocate City resources to make improvements to
Stuck Road west of South 19th. The FY24-FY28 CIP included funds from the Street Impact
Fee Fund for improvements to Stucky Road from South 19th to Fowler Road.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Criterion Met. The subject property is approximately 36 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
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provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 5 and 7i. The landowner will
consent to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Two existing houses are on the properties. Both required
emergency connection to the City sewer system to accommodate the construction of South 27th
Avenue for the Gran Cielo subdivision. All future development will require connection to City
water and sewer systems furthering this goal.
As noted above, the property has a recently installed 15 inch sewer mains and 8 inch water
mains (partial) running along the property to the west in South 27th Avenue and on the south
side in Graf Street. In addition an existing 21 inch sewer main is in the Stucky road ROW.
Additional water and sewer lines needed to service development on site will addressed with
subsequent review process. Any future development will be required to connect to the City
systems.
Per Term of Annexation 9, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for
both South 27th Avenue to the west and Stucky Roads to the north. The Recommended Terms
of Annexation include requirements for these right of way provisions. See Terms of
Annexation 3 and 8.
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Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of REMU. See
the zone map amendment section of this report for analysis of the zone map amendment
criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment Criterion
A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on March 6, 2023. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on April 4, 2023.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of REMU, Residential
Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed by Stucky Road which is a designator Collector
street on the north and Graf Street on the south both of which are paved. In addition, South
27th Street bounds the west edge of the property and is currently being constructed to City
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standards although historically this portion of South 27th has been a gravel surface providing
access to the farm activities and residences on the property. See also Goal 7 above.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 5 and 7i requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject property.
An existing 15 inch sewer mains and 8 inch water mains (partial) running along the property
to the west in South 27th Avenue and on the south side in Graf Street. In addition an existing
21 inch sewer main is in the Stucky Road ROW. Any future development will be required to
connect to the City systems. The property is located adjacent to existing urban development
that is currently served by Bozeman Fire.
Per Term of Annexation 7b, d-e, and 9, the Annexation Agreement required to finalize the
requested annexation will require the applicant to design extensions of services to meet the
City’s adopted infrastructure standards. These include provisions for minimum water pressure
and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
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the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. Emergency sewer service was request by the applicant and granted by the City
which included a contract for annexation as required by this provision. The agreement is field
with the Clerk & Recorder’s Office. The subject property intended to undergo annexation even
without the emergency connection to sewer. A complete and signed annexation application
was submitted to the City.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of all fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as required
in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. Suggested terms of annexation include a notice that the agreement, once
prepared and provided to the applicant, must be signed and retuned within the stated time
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period. This policy will be implemented only if the Commission acts to grant approval. If the
application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. Term of annexation 10 and 11 requires full compliance with this policy. The
existing residential structures utilized the emergency connection option in conjunction with
this application to provide sewer service. No additional service are currently being contracted.
If approved, the all septic systems and water use for human consumption will be severed and
abandoned and connection to the City water and sewer system will be completed. Finally, all
future development will be required to connect to city services.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
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A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
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limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the REMU district is an implementing district of the
Urban Neighborhood.
The applicant is requesting REMU for the entire property, which is classified as a commercial
and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and
purpose of the REMU district is to establish areas within Bozeman that are mixed -use in
character and to provide options for a variety of housing, employment, retail and
neighborhood service opportunities within a new or existing neighborhood. These purposes
are accomplished by a variety of objectives as detailed in Appendix B in this report. In other
words it is a very permissive zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
supported by the REMU district For example, the precept that urban design should integrate in
residential and commercial land use activities, multimodal transportation, and open spaces is
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supported by the REMU district implementation strategies #5. Secondly, precept that a variety
in housing and employment opportunities are essential is supported by the REMU district
objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another.
This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement.
Finally, the City intends to create a healthy, safe, resilient, and sustainable community by
incorporating a holistic approach to the design, construction, and operation of buildings,
neighborhoods, and the City as a whole. Developments should contribute to these goals and be
integrated into their neighborhood and the larger community. This goals is implemented by the
zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but
overall, the REMU district is supportive of the BCP 2020.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested REMU zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
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Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the west, south, and southeast
with over 4,500 lineal feet adjacent to existing City limits. It adds approximately 35 acres to
the City limits that is available for urban development while creating a more consistent city
border.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
B. Secure safety from fire and other dangers.
Criterion Met. Two residential structures exist on the properties. If the property is annexed into
the city full emergency services will be provide including fire. All future development will be
served by the Bozeman Fire Department. Fire protection water supply will be provided by the
City of Bozeman water system. The property is not within any delineated floodplain nor does
it have other known natural hazards. Upon annexation the subject property will be provided
with City emergency services including police, fire and ambulance. Future development of the
property will be required to conform to all City of Bozeman public safety, building and land
use requirements. The City provides emergency services to adjacent properties and no
obstacles have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the BCP 2020. Public health and safety will be
positively affected by requiring the two existing homes and new development to connect to
municipal sanitary sewer and water systems, which will prevent groundwater pollution and
depletion by wells and septic systems.
As noted in Criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare. The annexation and development of this site will facilitate
expansion of the non-motorized travel network with placement of a multi-use trail along water
course. Presence of the trail will facilitate non-motorized travel and recreational activities
supportive of personal health.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. 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.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
See also comments under Criterion C.
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
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.
The site has wetlands running through the northern portion of the property. The City requires
protection of wetlands. This requirement applies to all zoning districts. This will support
additional light and air beyond what would otherwise be applicable on the site.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which will
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include improvements along Stucky Road, Graff Street, and 27th Avenue in addition to internal
streets required to serve development.
In addition, the City’s proposed trails plan includes a future trail along the watercourse.
Additional offsite improvements to mitigate safety concerns to connect to the greater
transportation system such as Stucky Road, multi-modal crossing facilities for South 19th
Avenue, assuming a nexus, future development will be required to provide these improvements
which will enhance the city’s motorized and non-motorized transportation systems.
Bennett Boulevard was constructed through improvement required by the Gran Cielo
subdivision development.
The Walk Score is low with a walk score of 1, a transit score of zero, and a bike score of 49.
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. If, as suggested by the
applicant, their statement of constructing mixed-use, may eventually improve these scores.
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.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. Although
the character of the area is emerging a somewhat eclectic use, building form, and building form
has evolved. To the east is un-annexed business park type office complex without complete
streets to support multi-modal transportation. To southeast is the Gran Cielo subdivision which
is a low density residential development. To the north is a designated regional commercial
designated area that has yet to be developed.
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Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and future commercial.
Creating a more dense residential development with commercial services adjacent to a higher
intensity commercial area is a compatible use. In addition, the proposed zoning is in
accordance with the Bozeman Community Plan’s future land use designation of Urban
Neighborhood.
H. Character of the district.
Criterion Met. The proposed REMU zoning promotes the character of the district as the
intent of the Residential Emphasis Mixed-use District is to:
“… establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood.” Described in Appendix B
below the district employs nine aspirational statements to encourage developers to
design and construct developments that meet the intent and purpose of the district.
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
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c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types
With such a broad intent and purpose statement is difficult to find the REMU district would
not be promotive of a districts character. The applicant states the obvious that the REMU
district, “will allow for similar and additional compatible uses and allow for increased
residential density and small scale retail and restaurants…” However, other residential zoning
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districts allow the same residential structure types and densities as the REMU district. The
REMU district allows great latitude for large scale commercial use as described in Table
38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is
no restrictions to convenience uses, offices, general service use, short term rentals, although
hotels are limited to 40,000 square feet.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The 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 REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77 of
the Bozeman Community Plan 2020.
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
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the growth policy. The proposed REMU zoning designation is suitable for the property’s
location and adjacent uses.
J. Conserving the value of buildings.
Neutral. The two existing residential structures will remain as the property develops.
Considerable new development has and is planned to occur nearby with the exception of the
Genesis Business Park to the east. Development of the site will likely increase building values
in the area, including the County inholding, by adding additional demand for goods and
services, connecting and completing the transportation network, and through the minimum
standards of the REMU district nine implantation strategies.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is access
to the city’s services, including streets, thus is able to support a higher intensity of uses as
allowed within the REMU zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Residential”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
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APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on February 19 and 26, 2023. The
notice was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was provided at least 15 and not
more than 45 days prior to any public hearing.
As of the writing of this report on February 28, 2023, no written comments have been received
on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and to
provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by:
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1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
i. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
j. Support compact, walkable developments that promote balanced transportation
options;
k. Have residential as the majority use with a range of densities;
l. Provide for a diverse array of commercial and civic uses supporting residential;
m. Have residential and commercial uses mixed vertically and/or horizontally;
n. Locate commercial uses within walking distance;
o. Incorporate a wider range of housing types; and
p. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
f. Support or add to an existing neighborhood context;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
h. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
i. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
j. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
c. Preserve and integrate the natural amenities into the development; and
d. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
h. Where appropriate create a center within an existing neighborhood;
i. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
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j. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
k. Foster the master plan development into a mix of feasible, market driven uses;
l. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
m. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
e. Support existing infrastructure that is within and adjacent to REMU zones;
f. Encourage thoughtfully developed master planned communities;
g. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
h. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of REMU correlates with the Growth Policy’s future land use designation
of “Residential Mixed-Use”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Marshall Bennett & Julie Bennett, 5332 Stucky Road, Bozeman, MT 59718
Applicant: Cadius Partners, LP, 23 Apex Drive, Bozeman, MT 59718
Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner, Community Development Department
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Upcoming Items for the March 20, 2023 Community Development Board
Meeting
MEETING DATE:March 6, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, 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 March 20,
2023, Community Development Board meeting.
1. Canyon Gate Subdivision Preliminary Plat, Application 22264 considered in
capacity as Planning Board.
2. Gran Cielo II Annexation Zone Map Amendment, Application 22090
considered in capacity as Zoning Commission.
3. The Cottages at Blackwood Groves Block 14 Site Plan, Application 22324
considered in capacity as Design Review Board.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: March 1, 2023
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