HomeMy WebLinkAboutSouth Fowler Annexation Narrative
South Fowler Annexation & ZMA
December 2022
December 2022 2
Table of Contents
Narrative
I. Project Overview
II. Response to Annexation Goals, Policies & Approval Criteria
III. Response to Zone Map Amendment Approval Criteria
IV. Response to Spot Zoning Criteria
Appendices
Appendix A.1: Vicinity Map
Appendix A.2: Current Zoning Map
Appendix A.3: Future Land Use Map
Appendix A.4: Proposed Zoning Map
Appendix B: Zone Map Amendment Editable Legal Description
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1. Project Team
Owners & Applicant:
2B, LLC
Attn: Ben Nistler
7555 South Cottonwood Road
Bozeman, MT 59715
Email: ben@nhbmt.biz
Representative:
Intrinsik Architecture, Inc
Attn: Tyler Steinway
106 East Babcock Street, Suite 1A
Bozeman, MT 59715
Ph: 406.582.8988
Email: tsteinway@intrinsikarchitecture.com
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Project Narrative
Executive summary
The project team is submitting an application for Annexation and initial zoning to bring this 20.518 Acre
parcel into the city. The initial zoning request is to zone this property R-4. This Parcel is designated by
the Community Plan to be Urban Neighborhood.
Project description
The applicant is requesting to annex a 20.518 Acre parcel located at 4840 Fowler Lane and establish the
initial zoning as Residential High Density (R-4). This parcel is located within the Community Plan’s Urban
Neighborhood Designation, which provides R-4 zoning as an implementing zone. There is an existing
home and associated accessory buildings located on site. While no change or additional development is
proposed concurrently with this ZMA, the applicant is considering future development on this lot.
This property is situated one block south of the intersection of Stucky Road (Collector) and Fowler Lane
(Minor Arterial). This site is defined by Fowler Lane on the west and undeveloped R-4 Zoned land to the
east. On the north, west and south of this site are underdeveloped farmland. It is within proximity of
other residential communities including Grand Cielo, Homestead at Buffalo Run, Meadow Creek,
Southbridge and other parcels in early stages of becoming part of the City. Additionally, there are non-
residential uses planned and built in the area including the Genesis Business Park, the Aaker Subdivision
and MSU’s BART Farm Campus.
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The Bozeman Community Plan Urban Neighborhood designation calls for a variety of residential uses in
a variety of types, shapes, sizes and intensities. Furthermore, large areas of single type of housing are
discouraged. When analyzing these guiding principles, the goals of the project, and the surrounding
context of the site the R-4 zoning designation is a solid choice. The intent of the R-4 zoning designation
is to provide for high-density residential development through a variety of housing types within the city
with associated service functions.
This Annexation and rezoning request demonstrates a vision for this property one that aligns with the
Bozeman Unified Development Code, Montana Code Annotated and the Bozeman Community Plan. The
proposed zoning allows for more creative neighborhood design, that aims to accomplish several goals
and themes of the community plan as outlined in our application responses below.
Response to Annexation Goals, Policies & Approval Criteria
The Applicant understands that the Annexation of a property is subject to the goals and policies
established by Commission Resolution No. 4400. These goals and policies are outlined and addressed
below. In addition, the Annexation Map and Zone Map Amendment Exhibits are included with this
application for further reference (Appendix B.1 & B.2).
Annexation Goals
1. The City of Bozeman encourages Annexations of land contiguous to the City.
Response: The project site is contiguous to the City of Bozeman, with the eastern boundary of the site
providing the required contiguity.
2. The City encourages all areas that are totally surrounded by the City to annex.
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Response: This property is not wholly surrounded by Annexed land, but this property is directly
contiguous with annexed land and there are several other properties along South Fowler south of this
property that have been annexed or are in the process of annexing.
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.
Response: The property is not currently contracting with the City for services but intends to do so
upon any future development following the Annexation.
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.
Response: The property is located within the urban growth area and service boundary of the existing
municipal water and sewer systems.
5. The City encourages Annexations within the urban area identified on the future land use map in the
current Bozeman Growth Policy.
Response: The property is located within the proposed urban growth area and is a logical extension of
the City. The Future Land Use Map Identifies this area as Urban Neighborhood. Furthermore, this site
is also located on Fowler Lane a minor arterial. It is anticipated that this road will carry a large volume
of traffic making it an ideal spot for R-4 development. Additionally, the property directly to the east is
also zoned R-4 so it would make a logical extension of that zoning boundary.
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.
Response: The Annexation will result into a regular shaped boundary that is contiguous to the existing
city boundary.
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.
Response: The subject site is on Fowler Lane a Minor Arterial. It is envisioned that any future
development of this property will extend any logical road connections.
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.
Response: The project site is 20.518 acres.
9. The City seeks to obtain water rights adequate for future development of the property with
Annexation.
Response: The applicant agrees to provide water rights with any future development on this property.
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10. The City of Bozeman encourages Annexations for City provision of clean treated water and sanitary
sewer.
Response: Annexation of the property will result in extending City water and sanitary sewer services
as well as a comprehensive stormwater management following a City approved plan.
Annexation Policies
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.
Response: The applicant understands the requirements of Annexation and each of the adopted
policies associated with Annexation. The applicant is willing to dedicate any required easements and
rights-of-way, sign waivers of right to protest for future SIDs, and transfer usable water rights as the
property is developed.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the
application for Annexation.
Response: Understood. A request for initial zoning has been included with this application. Adjacent
conditions, circulation, potential open space and watercourses all were taken into account when
determining areas of requested zoning.
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.
Response: The requested R-4 zoning is authorized for application within the Urban Neighborhood
Future Land Use category.
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.
Response: Understood. The request for initial zoning has been submitted with this application.
5. The applicant must indicate their preferred zoning classification as part of the Annexation petition.
Response: The applicant is requesting R-4 (Residential High Density) for this project. Additional
information on the requested zoning is included below to satisfy the requirements for initial zoning of
the to be annexed site.
6. Fees for Annexation processing will be established by the City Commission.
Response: The applicant understands that there is a fee associated with the Annexation and zoning of
this parcel. The required fee will be submitted as part of a complete application.
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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.
Response: No unpaved county roads are proposed for access to the property. The applicant intends to
install road improvements onsite and adjacent to the site to ensure the project is served by roads that
are designed and constructed according to the City’s street standards with any future development.
8. Prior to Annexation of property, the City will require the property owner to acquire adequate and
useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the
municipal code, as amended.
Response: The applicant agrees to provide water rights as the project is developed.
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.
Response: Adequate infrastructure and emergency services currently exist to serve the property,
although no development is currently proposed with this application. The subject property is currently
located within the jurisdiction of the City of Bozeman Fire and Police Departments, and the service
area of American Medical Response ambulances. Future site development will conform to City of
Bozeman public safety, building, watercourse setbacks, and land use requirements in compliance with
the UDC, as well as all applicable building codes to help secure safety from fire and other dangers.
The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities and
services ensure that this site will have services necessary to serve future site development. This infill
project site lies within the City’s sewer, storm water and water facility plan boundaries. The applicant
will propose adequate services, in accordance with these plans, in future applications for City
approval prior to construction at this site.
Future submittals will be reviewed for compliance with the City’s codes to ensure the general welfare
will be supported through appropriate contributions to schools and parks. Here again, site plans,
subdivision proposals, or other development applications will ensure adequate capacity for all
required municipal services.
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 the Gallatin County Clerk and Recorder’s
Office. The contract for connection to city sewer and/or water must require the property owner to
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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.
Response: City services will be requested for development of this parcel.
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.
Response: The required mapping materials have been included in this submittal.
12. The mapping may be waived by the Director of Public Works.
Response: Understood. The applicant has provided the requested mapping information.
13. The City will assess system development/impact fees in accordance with Montana law and Chapter
2, Article 6, Division 9, Bozeman Municipal Code.
Response: The applicant acknowledges and understands this requirement.
14.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.
Response: Required public notice materials for the Annexation and Zone Map Amendment have been
provided with this submittal.
15. 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.
Response: The applicant team would like to begin to coordinate on preparing the Annexation
agreement prior to final review and possible Annexation approval by City Commission. Please advise
on best next steps to accomplish this task.
16. When possible, the use of Part 46 Annexations is preferred.
Response: Part 46 Annexation is not applicable.
17. 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.
Response: Understood.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the
area of applications for Annexation.
Response: Acknowledged.
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19. 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.
Response: Upon future development the applicant intends to connect to and use City services. The
applicant team understands the additional requirements of this Annexation policy and will intend to
abide by this standard and verify future disconnects as applicable.
20. Additional Site Information
Response: No additional site information has been requested nor has the applicant identified
additional materials relevant to this application that are essential to include in this packet for review.
Responses to ZMA Approval Criteria
Below are responses to the ZMA Approval Criteria (Section 76-2-304, MCA) that address how the project
relates to and meets the criteria outlined for the approval of a zone change.
a. Is the new zoning designed in accordance with the growth policy? How?
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Yes. The future land use map, as an illustration, is the fundamental building block to communicate the
City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land
Use Map in the Bozeman Community Plan 2020 designates the property as Urban Neighborhood. The
intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and
intensity of homes. Furthermore, the Community Plan states that large areas of single types of housing
are discouraged. The R-4 zoning district allows for a variety of housing options at a variety of intensities.
Typically, R-4 while allows for a variety of uses tends to need a larger site to get any meaningful density.
In this particular case, this 20-acre site will be the perfect size to establish a variety of uses at a range of
intensities.
This development pattern is consistent with several goals and objectives of the Community Plan
including:
N-1.1 Promote housing diversity, including missing middle housing.
This request to zone this property R-4 will allow for the creation of more housing units than is currently
allowed un the county A-S zoning district. Due to the large parcel size, this lot will allow for the creation
of a significant number of housing units at a variety of shapes and scales. The wide range of allowed
residential uses allows for creativity and flexibility when land planning the project site. The hope is that
this wide range will allow for the creation of a variety of housing types to be considered, hopefully
lowering the end price point and creating more missing middle, obtainable housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
The current A-S Zoning only allows for a single-family home and an ADU on a 20 acre lot. The R-4 zoning
would allow for a significant increase in number of units that could take the shape of a variety of
product types. The R-4 zoning allows for every residential land use outside of a manufactured home
community (which is only allowed in RMH).
Goal N-3: Promote a diverse supply of quality housing units.
N-3.1 Establish standards for provisions of diversity of housing types in a given area.
The R-4 district allows for the construction of a full range of residential buildings. This supports the
opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent
development review for compliance with both the UDC and the adopted buildings codes. Furthermore,
the surrounding area shows the diverse nature of building products in the area.
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N-3.8 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 proposed R-4 zoning is in alignment with the goals of development for the “missing middle” housing
by allowing higher densities and a more diverse array of housing types than the currently allowed in the
A-S zoning district. Multi-household dwellings, such as apartments, two- and three-household dwellings
and townhouses/rowhouses, are permitted uses within the proposed zoning districts.
Goal DCD-2.2: Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
Fowler lane has been shown in the last three transportation plans to be an arterial, the most intensive
category of streets. Fowler Lane is planned to extend all the way from East Valley Center Road to
Hyalite Canyon. This street is developing into a main corridor. There are several extensions proposed in
the CIP program for the next 5 years. This road is envisioned to be a main corridor through town and
therefore, placing R-4 next to it meets this community plan goal.
The Zone Map Amendment is proposed in association with an Annexation. The subject property is
located directly adjacent to land already in the City of Bozeman. This application would create a
peninsula in the city boundary, but this boundary is actively being filled in with properties to the south
applying to Annexations as well. furthermore, the property is located within the urban services
boundary and can be serviced with utilities.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments. The
fire department can access this site. Additionally, these departments will review any future
development of the property during site plan review ensuring adequate services can be provided. Any
future development will conform to the City of Bozeman public safety, building, setback and land use
requirement in compliance with the UDC. Any building will go through the building permitting process to
ensure safety from fire and other dangers. This zoning changes will therefore will not have an impact on
site safety.
c. Will the new zoning promote public health, safety and welfare? How?
Yes. Future development of the site will require site plan review and compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety and general welfare. The
proposed amendment will not put undue burden on municipal services, emergency response capability,
or similar existing requirements. Furthermore, any future development will be reviewed as a site plan
application which will allow for the appropriate City departments to weight in municipal services, and
emergency response capability. Any future development on this site will require the extension of city
services including road, water and sewer. These expansion will help promote health, safety and welfare.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools,
parks and other public requirements? How?
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Yes. Future development of the project site will require site plan review and compliance with the
standards in the City’s Unified Development Code ensuring adequate provisions of transportation,
water, sewage, schools, parks and other public requirements. As stated in the UDC, the designation of a
zoning district does not guarantee approval of proposed development plans until the city can verify the
availability of the needed infrastructure and services. If it is determined during the site planning process
that additional improvements are needed to adequately serve the project, those improvements would
be required to be constructed and/or pay impact fees, assessments, taxes to ensure adequate
transportation, water, sewage, schools, and parks for these sites. Public infrastructure to serve the
future development will be determined during the site planning process and City review.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The subject properties are within City limits and subject to the Unified Development Code, which
has provisions for setbacks, lot coverage, height, and open space to specifically address concerns about
access to adequate light and air. Future development of the project site will also be subject to the
provisions of the Building Codes adopted under Chapter 10 of the municipal code These adopted codes
ensure adequate light and air including park and recreation requirements, maximum building heights,
on-site open space requirements, lot coverage and setback requirements.
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
Yes. Additional development permitted within the R-4 zoning district is likely to result in increased trips
along Fowler Lane. Future development of the property will be required to comply with transportation-
related standards and be examined for impacts on surrounding streets, intersection, and sidewalks. Any
future development will likely require a Traffic Impact Study to gauge the potential impacts of future
development. Any potential impacts as an outcome of that study will be mitigated for as a part of the
site planning process. The applicant acknowledges that any future development may require the
property owners to waive their right to protest the creation of a future Special Improvement District
(SID) and participate in funding nearby future infrastructure improvements that may be required to
offset impact created by development.
g. Does the new zoning promote compatible urban growth? How?
Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and
compatible development pattern. The categorizes and descriptions act as a guide for what is consider
compatible and appropriate. Careful consideration has gone into the creation of these map categorizes
to ensure the long-term visions and goals of promoting sustainability, safety and a high quality of life.
This property is designated as Urban Neighborhood on the Future Land Use Map. The R-4 zoning district
is listed as one of the compatible zones under this designation. The growth policy supports development
that provides a range of housing options to meet the needs of residents. The growing demand for
housing suggests the proposed R-4 zoning district is appropriate to facilitate higher densities and variety
in housing options in proximity to commercial areas. Future development on the project site must
conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to
ensure compatibility of uses.
The UDC defines compatible urban growth, which does not require uniformity in order to insure
compatibility. Furthermore, the city’s zoning ordinance defines the uses and development standard
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associated for proposed development under the auspices of each zoning. The proposed R-4 District
includes a range of uses that are appropriate and compatible with the surrounding neighborhoods.
h. Does the new zoning promote the character of the district? How?
Yes. The Montana Code Annotated states, “ …legislative body may divide the municipality into districts
of the number, shape, and area as are considered best suited to carry out the purposes [promotion of
general health, and life safety of the community]of this part.”
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. It appears that this criterion was implemented more for Zone Text Amendments. It is
vital when changing the text in the code to evaluate how the proposed changes may alter the character
of the district but in this case the request is to rezone the property. The character of the district as the
intent of the R-4 Zoning District is to:
“…the R-4 residential high density district is to provide for high-density residential development through
a variety of housing types within the city with associated service functions. This purpose is accomplished
by:
• Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and mixing housing types in newly
developed areas.
• Providing for a variety of compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
• Allowing office use as a secondary use, measured by percentage of total building area.”
When looking at the zoning district within a half mile of the site there is a wide range from A-S (County),
R-3, R-4, R-5 and a little sliver of B-2M. the A-S, is a county zoning district focused on low density
residential and preservation of agricultural operations until it transitions to urban development. The R-3,
R-4 and R-5 zoning districts allow for a wide variety of housing types including detached homes,
townhomes and other forms of attached housing, as well as various institutional and light commercial
uses.
The majority of the area is adjacent to agricultural and the character of the area in transition from rural
to urban. Therefore, the character of this area has not been fully realized as this point, but these areas
are suitable to add additional uses. The variety of housing options possible under the proposed zoned
will be compatible with the existing and planned nature of this area. For this review the zone map
amendment proposed the uses allowed in R-4 aren’t significantly different than those allowed in the
general vicinity, and therefore it is hard to foresee significant and negative impact on community
character.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Yes. The proposed R-4 zoning district is directly adjacent to an existing R-4 zoned lot making the
suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-
3 or R-5. The allowed uses in these zoning districts are largely the same. It is hard to envision how R-4 in
this location would be different from the R-4 and R-5 in the surrounding area.
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j. Was the new zoning adopted with a view of conserving the values of buildings? How?
Yes. The proposed amendment does not modify the existing standards of the R-4 district. Therefore, the
impact of the amendment should be evaluated to the extents of this subject property rather than other
areas zoned R-4. The subject property does have one home and associated accessory buildings on it.
Additionally, the property owner in this case is the applicant for the proposal. R-4 zoning allows for
diverse development on the subject parcel but will have no negative effect on the value of the building
within the amendment boundary.
Any new structures will be required to meet the requirements of the Bozeman Unified Development
Code which has standards in place to regulate things like setbacks, height, and lot coverage. Compliance
with these standards will alleviate any potential negative impacts to the values of anyone property in
the vicinity.
k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area? How?
Yes. As stated above, this property has been planned for urban residential uses for many years. 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-4 zoning district in this case will match the
zoning of the property directly to the east.
There is a growing demand for housing in the city, and the proposed zoning designations provide for a
variety of housing options to meet this need. The Unified Development Code further contains standards
and review procedures that will ensure the land is developed in ways that protect and promote public
health, safety, and general welfare, and further ensure appropriate future development of this property.
III. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly different from the prevailing
uses in the area?
No, therefore this criterion has been met. There is considerable diversity of uses in the area ranging
from dense multi-family, single family homes and commercial uses in this area. Bozeman has
deliberately developed a zoning system that includes districts with diverse uses and opportunities. The
city has chosen to encourage diverse development and avoid single use concentrations. Furthermore,
the property is directly adjacent to the zoning district it is requesting. R-4 zoning, and the potential uses
are not significantly different from the prevailing zones and uses in proximity.
B. Does the requested zoning designation benefit a small area and only one or a few landowners, or
does the requested zoning benefit the surrounding neighborhood, community and general public?
This zone change is for a 20.5-acre parcel and conceivably will benefit the surrounding neighborhood as
a whole. The R-4 is an implementing zoning district for the Urban Neighborhood land use category and
may be utilized by any adjacent property owner within this plan category. Furthermore, the proposed
zoning of R-4 does not inhibit potential development of adjacent property.
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C. Is the requested zoning designation compatible with the zoning district’s plan or is it special
legislation designed to benefit only one or a few landowners at the expense of the surrounding land
owners?
This ZMA does not represent special legislation designed to benefit the landowner at the expense of the
adjacent property owners. The proposed zoning is the same zoning as the adjacent properties, and
therefore it is difficult to foresee this proposed zoning, respectively, will negatively impacting the
surrounding landowners.
Additionally, the proposed zone change is compatible with City policies and state statute governing the
approval of such requests. Compact infill will be the result of redevelopment, and the requested zoning
thus proposes thoughtful future development opportunities that will meet the needs of the
neighborhood and the community, not negatively impact surrounding landowners.