HomeMy WebLinkAbout06-26-23 CDB Agenda & Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Public Service Announcements
E.Approval of Minutes
F.Consent Items
F.1 Design recommendation regarding 2695 Tschache Lane site plan proposal for a total of 343
dwelling units, comprised of three 4-story residential apartment buildings (294 units), 46
rowhouses, and three single household structures, located NE of the intersection of North
27th Avenue and Tschache Lane, Application 22280 (Quasi-Judicial).(Lyon)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, June 26, 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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G.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once 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.
H.Special Presentations
I.Action Items
I.1 Ordinance 2132, Alcoholic Beverages and Sales Text Amendment, Application 23064 (Lyon)
I.2 Impact Fee Study Update and Project Kickoff (Saunders)
I.3 Public Hearing for an Amendment to the Northeast Urban Renewal Plan (Fine)
I.4 Public Hearing for an Amendment to the Midtown Urban Renewal Plan (Fine)
J.FYI/Discussions
J.1 Upcoming Items for the July 3, 2023, Community Development Board Meeting (Bentley)
K.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:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:
Design recommendation regarding 2695 Tschache Lane site plan proposal
for a total of 343 dwelling units, comprised of three 4-story residential
apartment buildings (294 units), 46 rowhouses, and three single household
structures, located NE of the intersection of North 27th Avenue and
Tschache Lane, Application 22280 (Quasi-Judicial).
MEETING DATE:June 26, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Recommend approval of the site plan with conditions, code provisions, and
departures, application 22280, to the Community Development Director as
presented and provide design recommendations and Board Member
discussion.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
This review is in front of the Community Development Board in their
capacity as the Design Review Board (DRB). The Bozeman Municipal Code
(BMC) 38.230.040 sets the thresholds for projects that need the review of
the DRB, or Community Development Board, and this project exceeds those
thresholds. The DRB was established to provide design recommendations
regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community
development board established pursuant to Resolution No. 5330 shall act as
the design review board for all purposes under this Code. The design review
board (DRB) is established to evaluate aesthetic considerations of larger and
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more complex proposals which are likely to produce significant community
impact and to provide recommendations regarding such proposals to the
review authority, subject to the provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic
considerations. Those include Form and Intensity Standards (38.320), Zone
Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter
38, Article 5 also contains code provisions regarding aesthetic
considerations. These include, Block Frontage (38.510), Site Planning and
Design Elements (38.520), Building Design (38.530), Parking (38.540),
Landscaping (38.550), Signs (38.560), and Lighting (38.570). Sections 5, and
7a through 7g of the staff report attached discuss these code provisions.
The property has been annexed, zoned, and subdivided with previous review
by the Planning Board, Zoning Board, and City Commission and approval is in
place. Discussion of land use policy, zoning, and community design is
irrelevant to this meeting. The purpose of this meeting is the proposed
design contained in the applications.
A site plan for the construction of 343 dwelling units, comprised of three 4-
story residential apartment buildings (294 units), 46 rowhouses, and three
single household structures, on approximately 14.43 acres located on vacant
property located at the northeast corner of North 27th Avenue and Tschache
Lane. The proposed development includes the extension of North 25th
Avenue from Tschache Lane to Baxter Lane, and the extension of Turbulence
Lane from North 27th Avenue to the eastern property boundary. The
proposed development includes accessory uses such as a clubhouse, gear
garage, and pool with an accessory utility building to serve as amenities to
future residences. Additionally, this application includes associated design
and infrastructure improvements pertaining to open space, vehicular and
bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian
pathways. The site is zoned R-4, residential high density district, and the
proposed uses for apartments, rowhouse, and single household structures
are consistent with the allowable uses in the R-4 district. There are currently
no remaining corrections from the Development Review Committee and all
community design requirements including transportation facilities and
access, grading, drainage, utilities, and easements are found to be adequate
with conditions and code provisions. The applicant has requested five
departures which are detailed on page 3 of the staff report.
The full application can be viewed at this Laserfiche Links:
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Application 22280 2695 Tschache Lane Site Plan
Some materials in the submittal relevant to the DRB's duties include:
000 Cover
73 Overall Site Layout Plan and Index
90 - Landscape Site Plan
118 Flats - Building Elevations
119 Flats - Building Elevations
120 Flats - Exterior Materials
121 Flats - Perspectives
125 Rowhouse - Building Elevations
126 Rowhouse - Building Elevations
127 Rowhouse - Exterior Materials
128 Rowhouse - Perspectives
131 Single Household - Building Elevations
132 Single Household - Exterior Materials
133 Single Household - Perspectives
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the Community Development Board.
FISCAL EFFECTS:
None identified at this time.
Attachments:
22280 DRB Staff Report.pdf
Report compiled on: June 22, 2023
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 1 of 35
Application No. 22280 Type Site Plan
Project Name 2695 Tschache Lane Site Plan
Decision Type Consent (Quasi-judicial)
Summary A site plan for the construction of 343 dwelling units, comprised of three 4-story residential apartment buildings (294 units), 46 rowhouses, and three single household structures, on approximately 14.43 acres located on vacant property located at the northeast corner of North 27th Avenue and Tschache Lane. The proposed development includes the extension of North 25th Avenue from Tschache Lane to Baxter Lane, and the extension of Turbulence Lane from North 27th Avenue to the eastern property boundary. The proposed development includes accessory uses such as a clubhouse, gear garage, and pool with an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways.
Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 14.43 Acres
Overlay District(s) None
Street Address 2695 Tschache Lane, Bozeman, MT 59718
Legal Description The remainder of Tract 1 located in the northwest quarter of the northeast quarter of Section 2, Township 2 South, Range 5 East, per Certificate of Survey No. 1256 less Minor Subdivision 404, and Open Space of Minor Subdivision 404 located in the northwest quarter of the northeast quarter of Section 2, Township 2 South, Range 5 East located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official certificate of survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Matt Booma, Bozeman Property Owner, LLC, 1999 Circle Drive, Cleveland, OH 44106
Applicant Solomon Cordwell Buenz, 1326 5th Avenue, Suite 300, Seattle, Washington 98101
Representative Same as Applicant
Staff Planner Nakeisha Lyon Engineer Suzanne Ryan
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
06/20/23 – 07/10/23 06/09/23 06/07/23 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 10/27/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 03/28/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 06/01/2023 Adequate for Further Review With Applicable Conditions and Code Provisions
Design Review Board 06/26/23 TBD
Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 06/22/23
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 2 of 35
Full application:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=265132&dbid=0&repo=BOZEMAN
File of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
PROJECT SUMMARY
This site plan application proposes the construction of 343 dwelling units, comprised of three 4-story residential
apartment buildings (294 units), 46 rowhouses, and three single household structures, on approximately 14.43
acres located on vacant property located at the northeast corner of North 27th Avenue and Tschache Lane. The
proposed development includes the extension of North 25th Avenue from Tschache Lane to Baxter Lane, and the
extension of Turbulence Lane from North 27th Avenue to the eastern property boundary. The proposed
development includes accessory uses such as a clubhouse, gear garage, and pool with an accessory utility building
to serve as amenities to future residences. Additionally, this application includes associated design and
infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation,
lighting, parklands, and pedestrian pathways. The site is zoned R-4, residential high density district, and the
proposed uses are consistent with the allowable uses in the R-4 zoning district. There are currently no remaining
corrections from the Development Review Committee and all community design requirements including
transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with
conditions and code provisions.
This site plan proposes more than 45 dwelling units and 90 vehicular parking, therefore, pursuant to sections
38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB)
authority is required to make advisory comments and a recommendation to the Director on this site plan application.
The DRB was established to provide design recommendations regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to
Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board
(DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to
produce significant community impact and to provide recommendations regarding such proposals to the review
authority, subject to the provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and
Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter
38, Article 5 also contains code provisions regarding aesthetic considerations. These include, Block Frontage
(38.510), Site Planning and Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping
(38.550), Signs (38.560), and Lighting (38.570). Sections 5, and 7a through 7g of the staff report attached discuss
these code provisions.
The property has been annexed, zoned, and subdivided with previous review by the Planning Board, Zoning Board,
and City Commission and approval is in place. Discussion of land use policy, zoning, and community design is
irrelevant to this meeting. The purpose of this meeting is the proposed design contained in the applications.
The Community Development Board meeting will occur on Monday, June 26, 2023 in person at 6:00 p.m., in the
Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 3 of 35
participate remotely. Instructions for joining the remote 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. The public notice period begun on June 9, 2023 and ends July 10, 2023. Within
10 days of the closing of the public comment period, the Director of Community Development will make the final
decision on this application.
DEPARTURES REQUESTED
1. Standard: BMC 38.320.030.A. The maximum lot size for a residential used R-4 zoned lot is 2.5 acres.
a. Departure: BMC 38.320.030.A. Footnote.3. Departures from the maximum lot size requirements may be
allowed where the planned development fits into the context of the neighborhood and proposed pedestrian
and vehicular circulation measures meet community objectives.
b. Applicant’s Response: The applicant indicated the project fits into the surrounding neighborhoods in
scale, density and use. The surrounding neighborhood consists of Baxter Springs and Bozeman West
Apartments to the east that have multiple units in several buildings. Baxter Apartments to the northeast,
that also have multiple units in several buildings. The west side consists of Stoneridge Apartments and
densely packed single family / duplex homes. The south has Tempest Court Apartments and Tschache
Apartments that also have multiple units in several building. The proposed project works to break down the
scale of the development by using moderately scaled Rowhomes in groups of 2 and 4 at the perimeter of
the south and west facing streets at 27th Ave and Tschache Lane. Additionally, the east and north use
landscaping, public trails and setbacks to lessen the impact on the surrounding context
c. Staff Evaluation: Criteria is not met at this time. A code provision is associated with this departure as Staff
is seeking further details for how the proposed pedestrian and vehicular circulation measures meet
community objectives as denoted in the Community Plan 2020. Reference of actual goals and objectives
from the plan and describing this in the context of the provided pedestrian and vehicular circulation is
missing from the submitted departure request. Upon the receipt and review of this information, Staff will
recommend approval of this departure accordingly to the Community Development Director.
2. Standard: BMC 38.510.020.F.7. Parking: Surface parking (including ground floor parking in a structure) adjacent to
a street corner is not allowed, except: a.Corner lots with non-designated frontages (other) on both streets; b.Other
combination of block frontages, except those with a storefront designation, via a departure and subject to the
applicable departure criteria.
a. Departure: BMC 38.510.030.C.3.c. Parking location. There must be an acceptable tradeoff in terms of the
amount and quality of landscaped area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully mitigate the visual
impact of additional parking areas along designated landscaped streets.
b. Applicant’s Response: The applicant is requesting a departure from this provision as it relates to the
proposed parking lot located on the north side of Flats 2 to allow for parking in this area. The proposed
parking lot is located 15 feet from the property line/ right of way line in this location with a one foot
landscape buffer to the 5’ sidewalk and a 6.5’ foot boulevard to the road. The 15 feet of green space is
heavily landscaped with shrubs to screen the parking lot from public views from the roadway.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the
proposal consistent with the criteria. The increased landscaped design within this area successfully
mitigation the visual impacts of the parking lot along the corner of Tradewinds Lane and North 25th Avenue.
Please see the landscape plan for more details.
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 4 of 35
3. Standard: BMC 38.510.030.C. Façade Transparency. For buildings designed with ground level non-residential
uses, at least 25% of the ground floor between 4'-8' above the sidewalk. For residential uses, at least 15% of the
entire façade (all vertical surfaces generally facing the street.
a. Departure: BMC 38.510.030.C.3.b. The proposed alternative design treatment of façade area between
ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall
areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be
approved with a departure.
b. Applicant’s Response: The applicant indicated that in order to maintain the design intent for the gear
garage building as a vintage reclaimed barn, the design team is requesting a departure from this standard
along the west façade of the gear garage facing North 25th Avenue. The façade design has been revised to
allow for elevation treatment variations by include a reclaimed-wood barn door, canopies, and vintage
lighting along the ample landscape frontage to break up the massing. Transparency is provided along the
south façade of more than 25% in order to emphasize clear pedestrian connection to the amenity space.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the
proposal consistent with the criteria. The alternative design treatment allows for visual interest to the
pedestrian and mitigations impacts of any blank wall areas. This is a smaller accessory building on the site,
and the transparency requirements are met along the south façade rather than the west façade. Staff
supports the departure as it meets the overall intention of the standard. Please see the gear garage
elevations for more details.
4. Standard: BMC 38.510.030.J. Special residential block frontage standards along sidewalks and internal
pathways. For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or
mixed use development, the building must feature at least one of the public/private space transition elements
described below. The objective of this standard is to ensure privacy and security for residents, and an attractive and
safe pathway that complements the qualities of adjoining residences within a residential complex.
o Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one foot above
grade. The porch or deck must be at least six feet deep, measured perpendicular to the building face. (The
deck may be recessed into the unit floor plan so that deck does not extend from the building face a full six
feet.) A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or
internal pathway and deck or porch.
o Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal pathway and
the face of the residence. Design options for the front setback:
Landscaped area, meeting the provisions of division 38.550.
Semi-private patio space screened by a low fence or hedge (see section 38.350.060).
o Raised ground floor. If the residence's ground floor is a minimum of three feet above the grade adjacent to
the building, then the landscaped area in option 2 above may be reduced to four feet wide (except where
greater setbacks are specified for the applicable zoning district in division 38.320).
a. Departure: BMC 38.510.030.J. Other transition design measures that adequately protect the privacy and
comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively
as options 1 through 3 above.
b. Applicant’s Response: The applicant indicated that based on the proposed development site
characteristics, there are locations along the Flats buildings that do not meet at least one of the
public/private transition elements described above. Instead, the applicant has proposed that these are
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 5 of 35
have a minimum 3’ landscape buffer which allow for design of transitional methods which support their
request for a departure. These elements include the combination of 30” to 42” hedge plantings (shrubs)
combined with a mixture of perennials where appropriate to provide screening and separation of patio
spaces from interior sidewalks.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the
proposal consistent with the criteria. The proposed landscaping provides an adequate design measure that
protects privacy and comfort of the ground floor residential units in the three Flats buildings along the
internal sidewalk areas facing the drive aisles and parking lots. The proposed landscaping also aid in
attractiveness and usefulness of the pathways in these areas. Please see the landscape plan for more
details.
5. Standard: BMC 38.520.040.D.3. Pathways must be separated from structures by at least three feet of landscaping
except where the adjacent building façade meets the Storefront block frontage standards per section 38.510.030.B.
a. Departure: BMC 38.520.040.D.3. Departures are permitted for other landscaping and/or façade design
treatments to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-
relief artwork, or other decorative treatments that meet the intent. Figure 38.520.040.D.3 below provides
one example.
b. Applicant’s Response: The applicant indicated that based on the proposed development site
characteristics, a 3‐foot buffer is unable to be provided along the north side of the Clubhouse (AM‐1) and
Clubhouse Mechanical Building. The applicant feels that this location is not residential in nature, and the
small area is aesthetically pleasing through use of architectural design transitions and material and request
a departure from the 3’ landscape buffer. The applicant feels that the design of the architectural transitions
and materials provides decorative treatments that meet the intent of the code.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request finding the
proposal consistent with the criteria. The area that does not meet this standard on the north side of the
Clubhouse and it’s mechanical building does not detract from the overall design of the building and the
pathway transition space. Please see the clubhouse elevations and landscape plan for more details.
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 6 of 35
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 343 dwelling units, comprised of three 4-story residential apartment buildings (294 units), 46 rowhouses, and three single household structures, on approximately 14.43 acres located on vacant property located at the northeast corner of North 27th Avenue and Tschache Lane. The proposed development includes the extension of North 25th Avenue from Tschache Lane to Baxter Lane, and the extension of Turbulence Lane from North 27th Avenue to the eastern property boundary. The proposed development includes accessory uses such as a clubhouse, gear garage, and pool with an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways.. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of _______________2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 7 of 35
DRAFT CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. The departures fees must be paid prior to final site plan approval.
3. 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) on City standard form for the following:
a. Street improvements to S. 27th Avenue/ Thomas Drive between Tschache Land and Cattrail St including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Cattail St between Davis Lane and 19th Avenue including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Baxter Lane between Davis Lane to 19th Avenue including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Cattail St and Thomas Drive including lighting, signalization/channelization,
paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Baxter Land and 27th Ave including lighting, signalization/channelization,
paving, curb/gutter, sidewalk, and storm drainage.
4. The SID template has been uploaded to the City Documents folder.
5. A preconstruction meeting with the Parks Division is required prior to any park improvement site work. Applicants
must request a meeting at least 30 days prior to commencement of parkland construction.
6. Park construction drawings and all applicable permits to be submitted to Parks Department 30 days prior to the pre-
construction meeting.
7. Coordinate with city engineering the connection of West Winds bike path to future city-installed Tschache Lane SUP
prior to pre-construction meeting.
8. To maintain consistency of pathway surfacing, upgrade the pathway from asphalt to concrete and update all
parkland tracking tables and IILP costs to reflect the new material cost prior to preconstruction meeting.
DRAFT CODE PROVISIONS
1. BMC 38.220.020 Streambed, streambank, and/or wetlands permits. The developer must provide the community
development department with a copy of all required streambed, streambank or wetlands permits, or written
notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the
site and/or final plat approval, whichever is sooner. These permits include but are not limited to:
a. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau,
Fisheries Division, Montana Fish, Wildlife and Parks.
b. Stormwater discharge general permit. Administered by the water quality bureau, state department of
environmental quality.
c. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the board of
supervisors, county conservation district.
d. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered by
the city engineering department.
e. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S.
Environmental Protection Agency.
f. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers.
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Community Development Board Staff Report
2695 Tschache Lane Site Plan
Application No. 22280
June 22, 2023
Page 8 of 35
g. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by state department of
environmental quality.
h. Montana Land-Use License or Easement on Navigable Waters. Administered by the state department of
natural resources and conservation.
i. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the water rights
bureau, state department of natural resources and conservation.
2. BMC 38.270.030. Lighting along 27th from Tschache to Baxter must be installed before occupancy can be granted.
Street lighting must be installed along 27th adjacent to the subject property prior to occupancy.
3. BMC 38.320.030.A. The maximum lot size for a residential used R-4 zoned lot is 2.5 acres. Departures from the
maximum lot size requirements may be allowed where the planned development fits into the context of the
neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. Staff is
seeking further details for how the proposed pedestrian and vehicular circulation measures meet community
objectives as denoted in the Community Plan 2020. Reference of actual goals and objectives from the plan and
describing this in the context of the provided pedestrian and vehicular circulation is missing from the submitted
departure request. Upon the receipt and review of this information, Staff will recommend approval of this departure
accordingly to the Community Development Director or her designee.
4. BMC 38.400.060 B.4. Level of service standards. All arterial and collector streets and intersections with arterial and
collector streets must operate at a minimum level of service "C" unless specifically exempted by this section. The
city determines level of service (LOS) values by using the methods defined by the most recent edition of the
Highway Capacity Manual. The review authority may approve a development only if the LOS requirements are met
in the design year, which must be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS. Intersections must have a
minimum acceptable LOS of "C" for the intersection as a whole. 19th Ave and Tschache Lane is considered fully
built out and as such the Level of Service standard is waived under BMC 38.400.060 B.4 a. The applicant must
improve the intersection of Baxter Lane and North 27th Avenue to level of service of c or higher or the applicant
may pay cash in lieu for their portion of the improvements.
5. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan
approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final
total based on estimated annual municipal water demand. The finalized CILWR fee is $290,524. The City is also
able to offer a rebate for approximately 20% of the fee for the residential units, released at occupancy, if high-
efficiency fixtures (toilets, washers, and shower heads) are installed. A rebate agreement template must be updated
with the owner’s information and finalized prior to final site plan approval.
6. BMC 38.410.060 – Easements. Please submit original easements with wet signatures must be provided to the
design engineer prior to site plan approval. Private utilities (storm drains) may not be located within public utility
easements without a utility occupancy permit. A utility occupancy form has been received by Engineering and must
be granted prior to the start of construction.
7. BMC 38.510.030.C. Transparency standards are only applicable to elevations along the street for block frontage
standards. Please revise Table reference to Table 38.510.030.C. and only included this required information for
elevations orientated along the streets.
8. Sec. 38.540.050.A.1.b.(4).Transit availability. Required parking may be reduced by ten percent in circumstances
where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this
subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit
provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum
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Community Development Board Staff Report
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June 22, 2023
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of five days per week. Please provide an exhibit denoting this developed and serviced transit stop within 800 feet of
any property of the subject property. Please provide the details for the transit stop with weather coverage and
provide the hourly schedule for this stop in order to qualify for the reduction.
9. BMC 38.610 - Wetland regulations. Please review the Wetlands Review from The City's Consultant's Review of the
items submitted. It appears the Civil Plan and Delineation Report are inadequate and are missing components that
must be met and reviewed for conformance with the BMC. These items must be addressed prior to final approval of
this site plan application.
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Application No. 22280
June 22, 2023
Page 10 of 35
Figure 1: Current Zoning Map
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June 22, 2023
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Figure 2: Growth Policy Designation
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Figure 3: Site Plan
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Figure 4: Landscaping Plan
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Figure 5: Lighting Plan
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Page 15 of 35
Figures 6-8: Elevations of Flats
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Figures 9-12: Elevations of Flats
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Figures 13-14: Perspectives of Flats
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Figures 15: Exterior Building Materials for Flats
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Figures 16-17: Elevations of Rowhouses
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Figures 18-21: Elevations of Rowhouses
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Figures 22-24: Perspectives and Exterior Building Materials for Rowhouses
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Application No. 22280
June 22, 2023
Page 22 of 35
Figure 25-30: Elevations of Single Units
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Application No. 22280
June 22, 2023
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Figures 31-33: Perspectives of Single Units
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June 22, 2023
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Figure 34: Building Materials for Single Units
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Page 25 of 35
Figures 35-38-: Elevations pf Clubhouse
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Figures 39-46-: Elevations of Gear Garage and Fitness Center
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Figure 47-50: Perspectives for Clubhouse, Gear Garage, and Fitness Center
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June 22, 2023
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Figure 51: Exterior Building Materials for Clubhouse, Gear Garage, and Fitness Center
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Urban Neighborhood Yes
Zoning R-4, Residential High Density District Yes Comments: The uses as denoted within the SP submittal are allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations None Yes Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A Yes
Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project, however will be seeking phased occupancy for the development of each sets of buildings in the project through a sub-phasing plan included in the application. In order to accomplish this, the developer will ensure infrastructure, parking, open space, stormwater and other requirements are in place prior to the construction of any buildings. This will allow their proposed phases to function on their own prior to the development of subsequent phases. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA
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June 22, 2023
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Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments Rowhouses Single household dwelling units
Yes
Form and intensity standards 38.320
Zoning: R-4 Setbacks (feet) Structures Parking / Loading Yes Front 10’ N/A
Rear 20’ N/A
Side 5’ N/A
Alley N/A N/A
Comments: The proposed setbacks meets all R-4 zone district standards with 10’ front setbacks along all streets per the Landscaped Block Frontage standards. The side setbacks of 5 feet are met in addition to the rear setback of 20’ feet. All garages are orientated towards drive aisles. Lot coverage 20% Allowed 50% Yes Building height 13’ to 50’ Allowed <3:12 - 40’ >3:12 - 50’ Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The proposed flat buildings vary in roof pitch from 3:12 and greater are have a proposed 50’ height. The proposed rowhouses have a roof pitch of 11:12 with a height of 42’. Single household dwelling units have roof pitches between 1:12 to 2:12 with a height of 13’. The fitness center has a height of 23’, the gear garage has a height of 19’, and the clubhouse has a height of 25’. Applicable zone specific or overlay standards 38.330-40 No Comments: The project is not within an overlay district and does not have any zone specific standards.
General land use standards and requirements 38.350 Yes
Comments: No setback or height encroachments are proposed. Proposed fencing around the dog park, pool, and single household units are in conformance with Sec. 38.350.060. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes
Comments: The proposed rowhouses are in conformance with Sec. 38.360.250. The rowhouses are designed to meet the requirements of Sec. 38.360.250.F.1. with the appropriate use of articulations such as entries with weather protection, windows, and pitched roofline segments scaled appropriately to the façade. The rowhouse design meets the intention of Sec. 38.360.250.F.2. for repetition with variety by providing visual interest within their design. Please see the elevations for the rowhouses for more context.
Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A
Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
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June 22, 2023
Page 31 of 35
Streets 38.400.010 N/A Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 N/A Transportation grid adequate to serve site N/A
Comments: Street, access, and level of service are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Sidewalks 38.400.080 N/A
Comments: Sidewalks is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Drive access 38.400.090 Access to site: N/A N/A Fire lanes, curbs, signage and striping N/A Comments: Vehicular access, fire lanes, curbing, striping, signage and gutters are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Street vision triangle 38.400.100 N/A Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A
Public transportation 38.400.120 N/A Comments: Street vision triangles, transportation pathways, and public transportation are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 N/A Comments: This project does not trigger neighborhood center requirements. There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A
Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
N/A
Provisions for utilities including efficient public services and utilities 38.410.050-060 N/A Easements (City and public utility rights-of-way etc.) N/A Water, sewer, and stormwater N/A
Other utilities (electric, natural gas, communications) N/A CIL of water N/A
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June 22, 2023
Page 32 of 35
Comments: Utilities, easements, water, sewer, and stormwater are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Municipal infrastructure requirements 38.410.070 N/A
Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 N/A Location, design and capacity of stormwater facilities N/A Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Stormwater is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A
Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourses and watercourse setbacks are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: Cash and improvements-in-lieu of parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: Parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Landscaped, Internal Special Residential Yes
Departure criteria Denoted above on page 3 Yes
Comments: The landscaped block frontage is met along North 25th Avenue, North 27th Avneue, Tschache Lane, Turbulence Lane and Tradewinds Lane. All ground floor uses are residential and permitted within the R-4 zoning district. Building placement of a minimum of 10 feet is met for all dwelling units orientated along the Landscaped Block Frontage. Building entrances are visible and directly accessible from the street. Façade transparency of at least 15% is met for the entire façade of the applicable Flats and accessory amenity buildings. A departure as denoted on page 3 has been requested from this standard as it applies to the gear garage. This standard is not applicable to the rowhouses with less than 5 attached units and the single household dwelling units. Parking location standards for the Flats are met, with parking sited to the
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Application No. 22280
June 22, 2023
Page 33 of 35
side and rear and less than 50% of the surface parking along a street frontage. A departure as denoted on page 3 has been requested from the standard that prohibits parking along a corner for the proposed Flats Building 2 at the corner of Tradewinds Lane and North 25th Avenue. Landscaping and sidewalk widths are met in accordance with the BMC. To meet the special residential frontage requirements the application along sidewalks internal pathways, the applicant has requested a departure as denoted on page 3. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: The buildings are connected to on-site amenities, adjacent park and trail systems, and the larger pedestrian pathway system. Proposed pathway widths and crossings meet the standards of this section. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design have been met. Pedestrian pathways are provided connecting all the residential buildings and parking lots.
On-site open space 38.520.060 Total required 42,600 square feet Yes Total provided 47,006 square feet Yes Comments: The applicant has proposed open space through a variety of options. This includes shared outdoor open space, shared indoor open space via lobby areas, co-working space, fitness areas, and bike storage. Private outdoor open space is provided through balconies and decks dependent on the residential housing type. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes
Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The application meets the massing and articulation standards of this section. The proposed apartment (Flats) buildings, rowhouses, single unit dwellings, clubhouse/fitness center, and gear garage utilize a combination or windows, change roof pitch, entries, and building materials to meet the massing and articulation standards. The application meets the building material standards. No blank walls are present.
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June 22, 2023
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 509 residential required spaces, 23 amenities required spaces Reductions residential 38.540.050.A.1.b 53 (transit reduction)
Parking requirements nonresidential 38.540.050.A.2 N/A
Reductions nonresidential 38.540.050.A.2.c N/A
Provided off-street 454 Provided on-street 103 Bicycle parking 38.540.050.A.4 112 provided, 53 required Yes Comments: Parking is proposed to be provided as surface parking, some of which is covered, and parallel parking along the local streets in the area. Bicycle parking spaces are provided near each building. The proposed parking to serve this site is in conformance with the standards of Sec. 38.540. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A
Comments: N/A 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes
Residential adjacency N/A
Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along applicable roadways. Landscaping of public lands 38.550.070 N/A Comments: Landscaping of any proposed parklands and trails is not within the purview of the CDB acting in it’s capacity as the DRB. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A
Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes parking lot lighting and lighting of building entrances. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code?
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June 22, 2023
Page 35 of 35
Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: A public notice period has been conducted according to the dates on the first page of this report. No public comments have been received as of the writing of this staff report. Public comments will be evaluated and placed in the project file for the review authority if received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Please see code provision 2 for requirements that must be met for easements prior to final site plan approval.
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Memorandum
REPORT TO:Community Development Board
FROM:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2132, Alcoholic Beverages and Sales Text Amendment,
Application 23064
MEETING DATE:June 26, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 23064 and move to recommend
approval of Ordinance 2132.
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:In conformance with the Montana Alcoholic Beverage Code, The City has
regulated the allowance of alcoholic licenses and alcohol sales for on-
premises consumption for decades. Section 16-3-306(1), Montana Code
Annotated (MCA) denotes that retail licenses for alcohol are not permitted
to any business or enterprises whose premises are within 600 feet as a
building used exclusively as a church, synagogue, or other place of worship
or as a school other than a commercially operated or postsecondary school.
As denoted in 16-3-306(4), this separation distance requirement does not
apply if the applicable jurisdiction of a local government has supplanted said
provisions as authorized in 16-3-309, MCA.
The City has previously adopted provisions to supplant this separation
distance requirement through Sections 04.02.020.B and 38.360.060.B of the
Bozeman Municipal Code. These standards exempt temporary events using a
state issued catering endorsement license or special permit, restaurants
with a state issued beer and wine license, and restaurants located within the
B-2M and B-3 zoning districts with a state issued beer license with wine
amendment. Based on public requests, the City Manager has directed City
staff to review the existing regulations to consider an exemption for all
applicable state issued alcohol license holders from the separation distance
41
rule in order to foster further opportunities for redevelopment, economic
development, and tourism within Bozeman.
As drafted, Ordinance 2132 (Attachment 1) revises the regulations in
Chapters 4 and 38 of the BMC to authorize properties within commercial,
mixed use, and industrial zoning districts to operate within 600 feet of and
on the same street as a building used exclusively as a church, synagogue, or
other place of worship or as a school to sell alcohol for on-premises
consumption without requiring the sale of individually price meals, having an
on-premises dining room and kitchen, and regularly serving an evening
meal. Additionally, the proposed revisions include administrative changes,
such as removing the requirement for applications to be notarized.
For more details, please see the attached staff report.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Recommend ordinance not be approved based on findings of non-
compliance with the applicable criteria contained within the staff
report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address
specific items.
FISCAL EFFECTS:None at this time related to this Amendment.
Attachments:
23064 CDB Staff Report - Liquor Licensing Amendment.pdf
Attachment 1 - Ordinance 2132.pdf
Attachment 2 - Map Series related to Ordinance 2132.pdf
Report compiled on: June 21, 2023
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Page 1 of 13
23064 Staff Report for the Alcoholic Beverages and Sales Text Amendment,
Ordinance 2132
Public Hearings:
Community Development – June 26, 2023
City Commission – July 18, 2023
Project Description: Amend Section 4.02.020. License; exceptions, and Section
38.360.060. Alcohol sales for on-premises consumption to exempt all properties
from the requirements of MCA 16-3-306(1).
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 23064 and move to
recommend approval of Ordinance 2132.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 23064, and move to provisionally adopt
Ordinance 2132.
Report: June 22, 2023
Staff Contact: Nakeisha Lyon, Associate Planner
Agenda Item Type: Action – Legislative
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23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 2 of 13
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Strategic Plan Implementation ............................................................................................ 3
Public Comment.................................................................................................................. 3
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 5
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City periodically reviews its regulations to identify processes and standards which are no
longer necessary or a good fit for community needs. From time to time, Bozeman
constituents may bring forth to the attention of the City certain issues and provisions for
consideration. The City Manager has received requests from local business owners to review
the City’s exemption from the State of Montana’s restriction regarding licensing of alcohol
sales for on-premises consumption within 600 feet of a school or church. Per Sec. 16-3-
306(4), MCA, a local government is authorized to supplant the 600-foot rule. The City of
Bozeman has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B,
BMC to exempt temporary events using a state issued catering endorsement license or
special permit, restaurants with a state issued beer and wine license, and restaurants located
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within the B-2M and B-3 zoning districts with a state issued beer license with wine
amendment.
Based on the public requests to review the existing exemption process, The City Manager has
directed City staff to review the existing regulations, and begin an amendment process that
would consider alterations to the exemption standards which would foster further
opportunities for redevelopment, economic development, and support tourism within
Bozeman. City staff has studied the issue, inquired about the alcohol licensing process with
the State of Montana, and analyzed through Geographical Information System (GIS) the
locations in which would be impacted by the following proposed amendment.
As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state
issued alcohol license holders to qualify for the local 600-foot rule exemption through the
appropriate permitting process if located within a commercial, mixed use, and industrial
zoning district. In addition, businesses operating on subject properties which qualify for the
exemption must meet and continue to meet the standards associated with their license as
administered by the State as well as additional criteria which includes the prohibition of
gambling or gaming, and conditions that may be associated with the appropriate permitting
process.
Unresolved Issues
None
Strategic Plan Implementation
2.1 Business Growth - Support retention and growth of both the traded and local
business sectors while welcoming and encouraging new and existing businesses, in
coordination with the Economic Development Plan.
4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown,
Midtown, and other commercial districts and neighborhood centers – including higher
densities and intensification of use in these key areas.
7.3 Best Practices, Creativity & Foresight - Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No comment received to date.
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Alternatives
1. Recommend ordinance not be approved based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the
amendments meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission will hold a
public hearing on these amendments on June 26, 2023, at 6 pm.
The City Commission will hold a public hearing on the text amendment on July 18, 2023, at
6:00 p.m. and decide whether the amendments should occur or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for amendment approval under this title, the advisory boards and
City Commission must consider the following criteria (A-D) and guidelines (E-K). As an
amendment is a legislative action, the Commission has broad latitude to determine a policy
direction.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also evaluate guidelines E-K as factors for consideration,
and may find the zone text amendment to be positive, neutral, or negative with regards to
these considerations. To approve the zone text amendment, the Commission must find the
positive outcomes of the amendment outweigh negative outcomes for guidelines E-K.
In determining whether these criteria and guidelines are met, Staff considers the entire body
of plans and regulations for land use and development. Standards which prevent or mitigate
negative impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
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The existing municipal code provisions regulating alcohol licensing and the sale of alcohol
for on-premises consumption were, at the time of adoption, found to satisfy all of the
required criteria. As such, the focus of this report is only on the amendments proposed.
Where a finding of neutral is presented, it means that the criteria or guideline has been
considered and the change does not materially advance or detract from compliance.
Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed
amendments or the existing standards.
Section 76-2-304, MCA Zoning Regulations Criteria (A-K)
Zoning regulations must be:
A. Be in accordance with a growth policy.
Yes, criterion is met. The proposed amendments are in conformance with the growth policy.
As the growth policy provides a high level vision of how a community hopes to develop over
time, it does not dictate uses or specific standards to the level of detail contained in this
ordinance. However, it does identify issues and priorities for consideration with specific
goals and objectives that are desired outcomes. In determining appropriateness of a particular
zoning ordinance, the Commission must find a balance that best advances the interests of the
community without prioritizing one goal or objective over another which could lead to the
detriment of the remainder of the goals and objectives of the Bozeman Community Plan.
Bozeman adopted a new growth policy in November 2020.
The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the
City’s policies for land development. It continues concepts and community priorities that
were established in several prior growth policies. Prior growth policies encouraged creation
of development standards that supported predictable review processes and addressed areas of
community concerns.
The BCP2020 includes the following relevant goals and objectives:
R-1.1 Be reflective: use past experience to inform future decisions.
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
DCD-3.5 Encourage increased development intensity in commercial centers and near
major employers.
EE-1.1 Support the goals and objectives outlined in the Bozeman Economic
Development Strategy.
The Economic Development Strategy (2023) is an issue plan addressing matters of
employment and job creation and establishes a solid approach for economic development
centered on various strategies. This ordinance supports the following strategies and goals of
said plan:
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2. Support a Diverse Economy: Economic vitality for individuals requires a resilient
economy that can withstand economic shocks as witnessed during the pandemic. A
resilient economy is diverse in business size as well as industry types. Various
businesses provide diverse services and products and enable innovation of new
products. Larger traded sector companies offer individuals careers with stability and
benefits and an employment base to support local sector companies. Meanwhile, local
sector companies can serve as a gateway for underrepresented people to build a
business and wealth.
3.3. Develop a sustainable city: Government does not create jobs; it creates a great
environment to attract and retain businesses that create jobs. Companies are seeking to
invest in sustainable and resilient communities that provide a good return on investment.
The City of Bozeman should continue to build innovative infrastructure to develop
sustainably and provide certainty to investors. The city can foster a culture of resilience
and efficiency to help bounce back from environmental impacts (e.g., wildfires, limited
water supply).
Commercial, mixed-use, and industrial zoning districts are destinations for food, social
activity, and culture that are often associated with the consumption of alcohol within the City
of Bozeman. Many of the existing examples of schools or places of worship proximate to the
sale of alcohol for on-premises consumption are due to non-conforming situations within our
community as allowed based on exemptions through State law and City regulations given the
age of an establishment and/or its association to other uses. Given these circumstances, the
City, in accordance with goal R-1.1. is reflective on the existing conditions within our
community to use these past decisions to inform how we regulate the sale of alcohol for on-
premises consumption.
As the existing regulations have allowed exemptions for the sale of alcohol for on-premises
consumption associated with restaurants with specific State issued license types and
temporary events within the 600 foot separation distance, it’s important for the City to be
flexible in responding to the changing circumstances that come with this use per goal R-1.7.
Many of the subject properties impacted by this change are constrained based on existing
conditions, were previously exempt, or this rule was not applicable by not meeting the
entirety of Administrative Rule 42-12-129.
In accordance with goal DCD-3.5, the allowance of the sale of alcohol for on-premises
consumption within the 600 foot separation distance supports the opportunity to increase
development intensity within these established areas such as Downtown, Midtown, and other
locations within the City and in commercial centers. These amendments also support the
goals and objectives outlined in the Bozeman Economic Development Strategy per EE-1.1.
Goal 3 of this plan focuses on creating a resilient and diverse economy through variety in
business size and industry types. The food sector and service industries, which are associated
with the sales of alcohol for on-premises consumption, were impacted by the pandemic
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causing alcohol licensing executed at the State level to slow down. Many establishments had
to adapt by providing more innovation and diverse services (drinks to-go, sale of alcohol for
off-premises consumption, in-room beverages within hotels/motels, etc). Upon coming out of
the pandemic, prices for alcohol licenses have surged within the State and are now starting to
lower. The additional allowance of the sales of alcohol for on-premises consumption has
potential impacts on the creation of new businesses within the Gallatin Valley or a new
avenue of revenue generation existing businesses can explore. These opportunities may
provide individuals with careers and employment opportunities not otherwise available. This
also supports goal 3.3 regarding how the government can provide a great environment that
attracts and retains businesses that create jobs.
Finally, the level of detail associated with the text amendment is beyond the specificity found
and intended in the Community Plan.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change zoning district boundaries. Therefore, no analysis of
correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Yes, criterion is met. All other applicable development standards and building code standards
for fire resistance, exiting, and other protections remain in place and will apply to utilize this
special exemption to establish or provide the ability to consumption alcoholic beverages on a
given property. Building and fire standards and codes are designed to mitigate impacts,
provide a safe environment, and protect from various dangers. The City has extensive
experience with these standards and monitors and amends standards as needed. Review of
individual applications through special use permits, site plan, subdivision, or other reviews
will provide an opportunity to check for functionality accordingly as well as include
additional conditions to prevent fires and other dangers.
C. Promote public health, public safety, and general welfare.
Yes, criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. Standards remain
for setbacks, light and air, emergency services, and other issues to protect public health and
physical safety. Specific standards are proposed designed to mitigate negative outcomes of
allowing all properties within the separation distance to utilize such exemption. Special use
permits are required for review in all of the commercial, mixed-use, and industrial zoning
districts in which the use of alcohol sales for on-premises consumption are permitted. In
addition, annual business licenses are required as with all business operating in the City
limits.
Chapter 4, Alcoholic Beverages, of the Bozeman Municipal Code includes other provisions
that are not modified by this text amendment detailing the City’s alcohol policies to ensure a
safe and healthy environment for its residence. This includes provisions regarding the
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prohibition of public drinking and open containers unless an exception or waiver is issued
accordingly by the City of Bozeman.
In addition to the open container provision, existing Section 4.04.010.A & B. denotes that the
supply and sale, possession, and consumption of alcohol by persons leads to significant
problems and hazards if consumption of alcoholic beverages occurs in an irresponsible
manner, especially by minors. These behaviors have negative and detrimental impacts on the
community. They are considered a nuisance which may disturb public health, public safety
and the general welfare of Bozeman residents. Section 4.04.010.C. states the intent of the
City Commission to address those areas related to alcohol access, consumption and usage
which are not otherwise addressed by the current law in the State.
Violations specifically addressed by state law include the Endangering Welfare of Children
(MCA 45-5-622), Unlawful Transactions with Children (MCA 45-5-623), Unlawful Attempt
to Purchase or Possession of Intoxicating Substance (MCA 45-5-624), Driving under the
Influence of Alcohol or Drugs or Operation with Alcohol Concentration of .08 or More
(MCA 61-8-401 and 61-8-406), and Operation of Vehicle by Person under Twenty-One with
Alcohol Concentration of .02 or More (MCA 61-8-410) . These are enforced within the city
under those laws in addition to Disorderly Conduct and Public Nuisance (MCA 45-8-101 and
45-8-111) which are addressed by state code. The City also has adopted noise ordinances to
ensure adequate public safety and a healthy environment. Applicable noise standards are in
Chapter 16, article 6, as applicable. See also responses to Criteria B and D.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes, criterion is met. Standards for the provision of municipal transportation, water,
sewerage, schools, parks, and other public requirements are not being altered. Any proposed
businesses falling under this use classification will be required to meet all other applicable
standards for transportation, water and sewer utilities. Applicable planning applications and
building permitting processes that may be required if this use classification is proposed are
required to demonstrate adequate services to meet this criterion. The use of alcohol for on-
premises consumption is a special use within zoning districts. Therefore, a special use permit
must be reviewed and approved by the City of Bozeman’s Community Development
Department and other applicable departments prior to the use occurring on the subject
property. Applicable conditions as deemed necessary by the review authority to mitigate
negative impacts may be associated with the special use permit in order to address this
criterion.
The city shall also consider:
E. Reasonable provision of adequate light and air.
Yes, criterion is met. No changes within these amendments impact basic standards for
setbacks, maximum building height, dedication of parks, on-site open spaces, or similar
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standards are included. Building designs and locations may vary based on site specific needs
and layouts. The City’s commercial, mixed-use, and industrial development standards ensure
adequate provisions of light and air. Considering the code as a whole, the standards listed in
this criterion are not being changed with these amendments. Therefore, the standard
continues to be met.
F. The effect on motorized and non-motorized transportation systems.
Yes, criterion is met. No changes within these amendments impact basic standards for
dedication of right of way, provision of and construction of streets, or similar standards are
included. Considering the code as a whole, the standards listed in this criterion are not being
changed with these amendments. Therefore, the standard continues to be met.
G. Promotion of compatible urban growth.
Yes, criterion is met. These amendments support continued compatible urban growth within
the City by providing further urban development standards. Many different configurations of
uses and buildings can coexist well. The City has adopted many standards to identify and
avoid or mitigate demonstrable negative impacts of development. The City retains the ability
to establish conditions to further mitigate negative impacts identified during the site plan,
special use permit, and subdivision processes. Considering the code as a whole, the standards
listed in this criterion are not being changed with these amendments. Therefore, the standard
continues to be met.
H. Character of the district.
Yes, criterion is met. All zoning districts provide for a variety of principal, accessory, and
special uses. Those uses vary by district. The uses range in intensity and likely size. No
single use defines the entirety of any zoning district. Sales of alcohol for on-premises
consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and
M-2 through a special use permit. This amendment to allow properties within this 600 foot
separation distance supports the continued evolution of each of these districts and promotes
infill revitalization, economic development, and business growth. Existing exemptions to
MCA 16-3-306 (1) have been previously adopted in Chapter 4 and Chapter 38. The amended
reporting and enforcement measures will enable better compliance with city requirements
and will serve to support the maintenance of the character of each zoning district. The
combination of uses and other characteristics remain intact and were previously found to be
consistent with this criterion. Therefore, the standard continues to be met.
I. Peculiar suitability for particular uses.
Yes, criterion is met. The proposed amendments allow properties within this 600 foot
separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or
uses. No changes to the zoning boundaries are proposed with these amendments. The City
has adopted a range of zoning districts to address different needs. The zoning districts are
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amended from time to time as needs of the City and its residents change. Many different
configurations of uses and buildings can coexist well. The City’s growth policy and allowed
land uses per zoning district encourage mixed uses. The location of zoning districts has
previously been found to be appropriate. The authorized use tables have been previously
reviewed for consistency with the intent and purpose of individual districts and found to be
appropriate. This proposal amends the text only and not the zoning map. The combination of
uses and other characteristics remain intact and were previously found to be consistent with
this criterion. Therefore, this criterion remains met.
J. Conserving the value of buildings.
Yes, criterion is met. The proposed amendments allow properties within this 600 foot
separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or
uses in which would cause buildings to become non-conforming to the district in which they
are located. Considering the code as a whole, the standards listed in this criterion are not
being changed with these amendments. Therefore, the standard continues to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes, criterion is met. The zoning map and future land use map of the growth policy identify
areas where specific uses are generally appropriate. However, both occur at a coarse level of
detail and do not authorize construction. The proposed amendments do not alter the allowed
uses in zones nor does it change review processes. Site specific review for compliance with
standards prior for construction will continue to be required. This amendment is consistent
with the growth policy including the future land use map, see Criterion A. Therefore, the
criterion is met.
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
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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.
As of the writing of this report, no written protest against the changes have been received. APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
In conformance with the Montana Alcoholic Beverage Code, The City has regulated the
allowance of alcoholic licenses and alcohol sales for on-premises consumption for decades.
Based on 16-3-306 (1), Montana Code Annotated (MCA), retail licenses for alcohol are not
permitted to any business or enterprises whose premises are within 600 feet as a building
used exclusively as a church, synagogue, or other place of worship or as a school other than a
commercially operated or postsecondary school. Sec. 42.12.129, Administrative Rules of
Montana (ARM) provides a three-part test for the determination of proximity to a place of
worship or school. If the above mentioned test is not met in its entirety, the provisions of 16-
3-306, MCA do not apply. Several existing establishments permitted for the sale of alcohol
for on-premises consumption have not met the entirety of the three-part test and exist in
harmony near a school or place of worship.
Additionally, as denoted in 16-3-306 (4), MCA, this separation distance requirement does not
apply if the applicable jurisdiction of a local government has supplanted said provisions as
authorized in 16-3-309, MCA. The City has previously adopted provisions within Sec.
04.02.020.B and Sec. 38.360.060.B, BMC to exempt the following uses from the limitations
of 16-3-306 (1):
• Restaurants serving alcohol under a stated issued beer and wine retail alcohol
license
• Temporary events such as fairs, weddings, or sporting events serving alcohol
using a catering endorsement
• Restaurants located in B-2M and B-3 serving alcohol under a beer with wine
amendment retail alcohol license
The City Manager has directed City staff to prepare the text amendment described in this
staff report and attached as Ordinance No. 2132 to provide for an exemption to the State’s
distance rule for all license types. This is in an effort to support the hospitality, food and
service industries, and allow for further opportunities for business growth while continuing to
require compliance with adopted standards necessary to protect the public, general welfare,
and safety. The sales of alcohol for on-premises consumption is a permitted use in B-1, B-2,
B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. The
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special use permit provides an opportunity for public comment and for the City to associate
conditions unique to an individual project to address areas of concern identified during the
review process. The continuation of this development process allows for the appropriate
consideration in addressing potential adverse impacts that may be site specific to certain
locations within these areas.
City staff has studied the issue, inquired about the alcohol licensing process with the State of
Montana, and analyzed through Geographical Information System (GIS) tools the
appropriate locations to be impacted by these amendments. The State has numerous license
types, however, three pertain specifically to the sale of alcohol for on-premises consumptions
within our jurisdiction; City All-Beverages, Beer and Wine, and Restaurant Beer and Wine.
The City currently has 91 active alcohol licenses for the sale of alcohol for on-premises
consumption. Representatives from the State Department of Revenue, the agency assigned to
regulate the sale of alcohol, estimate that there may be only a few additional alcohol licenses
issued per year for the Bozeman area. Based on these amendments, 161 parcels would
qualify for this exemption. Attachment 2, Map Series, includes illustrations showing the
location of current active alcohol license holders, impacted parcels, and two subject location
exhibits for Bozeman High School or Hawthorne Elementary School to provide a closer view
on existing conditions, limitations, and opportunities within these areas.
As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state
issued alcohol license holders to qualify for the local 600-foot rule exemption through the
appropriate permitting process if located within a commercial, mixed use, and industrial
zoning district. In addition, businesses operating on subject properties which qualify for the
exemption must meet and continue to meet the standards associated with their license as
administered by the State as well as additional criteria which includes the prohibition of
gambling or gaming, and conditions that may be associated with the appropriate special use
permitting process.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 6/10/2023 and 6/24/2023. The final notice will
be published in the Bozeman Daily Chronicle on 7/15/2023. These notices contain all
required elements. Notice was provided at least 15 days before the public hearing conducted
by the Community Development Board in their capacity as the Zoning Commission, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
No written public comment has been received so far on this Ordinance. Comments are
available through the Laserfiche archive. If comments are received they will be placed in the
project folder in Laserfiche.
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APPENDIX C - APPLICANT INFORMATION AND REVIEWING
STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman, MT 59771
Report By: Nakeisha Lyon, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Attachment 1: Draft Ordinance 2132
Attachment 2: Map Series
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Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 1 of 6
ORDINANCE 2132
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION IN COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONED
PROPERTIES TO OPERATE WITHIN 600 FEET OF AND ON THE SAME STREET AS A BUILDING USED EXCLUSIVELY AS A CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP OR AS A SCHOOL, MAKE ADMINISTRATIVE CHANGES, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 23064.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and
is hereby relying upon its self-government powers recognizing pursuant to Montana law such self-
government powers must be liberally construed in favor of such power; and
WHEREAS, section 16-3-306(4), MCA recognizes the City’s authority to supplant the
provisions of 16-3-306(1) regarding state law distance limitations from certain uses for the location
of state issued retail alcohol licenses; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on June 26, 2023 to receive and review all
written and oral testimony on the proposed amendments.
WHEREAS, the Community Development Board in their capacity as Bozeman Zoning
Commission recommended to the Bozeman City Commission that Ordinance 2132, be approved
as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 18,
2023, to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
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Ord. 2124 Page 2 of 6
Section 1 That Section 4.02.020 – License; exceptions, Bozeman Municipal Code shall be amended as
follows:
A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of this code to allow such sales.
B. The limitations set forth in MCA 16-3-306(1) do not apply to:
1. Restaurants, as defined in chapter 38, The sales of alcohol for on-premises consumption located within a commercial, mixed use, or industrial zoning district serving alcohol pursuant to a state issued restaurant beer and wine alcohol retail license as defined in the Montana Alcoholic Beverage Code;
2. Temporary events such as fairs, weddings, or sporting events serving alcohol
using a catering endorsement regardless of the type of state issued on premises retail license as defined in the Montana Alcoholic Beverage Code.
3. Restaurants, as defined in chapter 38, located within the B-2M and B-3 zoning districts serving alcohol pursuant to a state issued beer with wine amendment
retail alcohol license as defined in the Montana Alcoholic Beverage Code.
Restaurants serving alcohol pursuant to this subsection must comply with 38.360.060.
C. Nothing in this article shall be construed to allow a business license for the sale of alcohol to be unilaterally approved and all must apply for and receive such land use
approvals as set forth in chapter 38.
Section 2 That Section 4.02.030 – City license required; application; license fees, Bozeman Municipal
Code shall be amended as follows:
A. No person shall manufacture or sell alcohol in the city, under the provisions of the
Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so
from the city. Application for a city license shall be made to the city manager on a form
to be provided by the city treasurer. Separate licenses shall be required for the sale of
beer and for the sale of wine. The application will be signed by the applicant, notarized,
include the license fee and contain, at a minimum, the following information:
1. Applicant's name, age, and address, phone number, and email address;
2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location;
3. The type of alcohol beverage license either applied for or granted by the state, the date it was granted and expiration date;
4. A short statement of the applicant's purpose for obtaining the license;
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Ord. 2124 Page 3 of 6
4. A short explanation for the applicant's benefit explaining the city's authority to
revoke or suspend the business license in response to a similar action by the state.
B. The application shall be filed with the city treasurer and presented for the consideration
of the city manager. The city manager may use discretion to postpone any action for investigation or other good cause.
C. If the application is rejected, the reasons must be noted on the application, the applicant notified, and the tendered fee returned.
D. License fees must be payable in advance and shall accompany the application therefor,
whether original or renewal. All licenses under this article will expire at 12:00 midnight of December 31, in the year for which such license is issued. In the event that a license is granted after June 30 of any year, the license fee will be one-half of the entire yearly license.
E. If the entire yearly license fee has been paid in advance and the business under the license
is discontinued before July 1 in the year in which such license is granted, the city treasurer will refund one-half of the yearly license fee upon surrender of the license.
Section 3
That Section 4.02.050 – Special permits – When granted, Bozeman Municipal Code shall be
amended as follows:
A. The city manager, with discretion and upon application, may grant a special permit to sell alcohol beer or wine for consumption on the premises to the following:
1. Any association or corporation conducting a picnic, convention, fair, civic or
community enterprise or sporting event within the city limits;
2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and
3. Any other organization or for any other reason the city manager, with discretion, determines should be allowed to serve or sell alcohol during a function.
B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state as provided in the Montana Alcoholic Beverage Code. The
applicant must specify the location and nature of the event and the period it is scheduled
to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of alcohol beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has
been concluded.
Section 4
58
Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 4 of 6
That Section 4.03.030 – Same – Application; form, contents and filing, Bozeman Municipal
Code shall be amended as follows:
A. Applications for license under the provisions of this article shall be in writing, and signed
and sworn to by the applicant before a person authorized to administer oaths.
B. The application for license shall be on a form adopted by the city manager.
Section 5
That Section 38.360.060 – Alcohol sales for on-premises consumption, Bozeman Municipal
Code shall be amended as follows:
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or
2. Restaurants located within the B-2M and B-3 the sales of alcohol for on-premises
consumption zoning districts if the restaurant serves alcohol on premise only pursuant
to a state issued alcohol retail beer license with wine amendment as long as such restaurant establishment complies with the following requirements and provides the city an annual certification with its business license application of such compliance:
a. All alcohol is sold for on premises consumption only;
b. The restaurant must have individually priced meals prepared and served for on-
site dining;
c. Must have a dining room, kitchen and necessary employees for preparing food on the premises;
d. The restaurant must serves an evening meal at least four days a week for at least
two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.;
e. Gambling or gaming is prohibited;
f. Alcohol must be stored on premises; and
g. Must prevent self-service of alcohol.
C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
59
Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 5 of 6
1. Restaurants serving alcoholic beverages are limited to those with state beer and wine
licenses issued since 1997, prohibiting any form of gambling and occupying not more
than 45 percent of the total building area of a food processing facility; and/or
2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed
10,000 square feet or 50 percent of the facility, whichever is less.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 9
Codification.
The provisions of Section 1-5 shall be codified as appropriate in the Bozeman Municipal
Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes
in this ordinance.
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Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment
Ord. 2124 Page 6 of 6
Section 10
Effective Date.
This ordinance shall be in full force and effect on August 31st, 2023.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 2023.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: _________________________________
MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the
_______________ day of ________, 2023.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: _______________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
____________________________________ GREG SULLIVAN City Attorney
61
Number of Active or Conditional on Premises Alcohol Licenses
Alcohol License
Places of Worship
Private Schools
Public Schools
600' Linear Buffer
Place of Worship
Private
Public 0 21Miles
¯
Beer / Wine: 47
All Beverage: 44
This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
62
161 Affected Parcels
Affected Parcels
Places of Worship
Private Schools
Public Schools
600' Linear Buffer
Place of Worship
Private
Public 0 21Miles
¯
This map was created on 6/15/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
63
R-O
R-1
R-4
R-3
R-3
R-4
R-O
R-5
PLI R-4
R-2
R-O
R-3 R-4
B-2
B-2M
R-4
Bozeman High School Exhibit
Alcohol License
Affected Parcels
Zoning
Places of Worship
Public Schools
600' Linear Buffer
Place of Worship
Public 0 1,000500Feet
This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
64
M-1
R-2R-3
B-3
Hawthorne Elementary School Exhibit
Alcohol License
Affected Parcels
Zoning
Public Schools
600' Linear Buffer
Public 0 500250Feet
This map was created on 5/23/2023 by the City of Bozeman GIS Department and is intended for planning purposes only.
Ordinance 2132 Alcohol Exemption Separation (ZTA)
65
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Deputy Community Development Director
Anna Bentley, Community Development Director
SUBJECT:Impact Fee Study Update and Project Kickoff
MEETING DATE:June 26, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive information on the project and ask questions of staff and consultant
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman and surrounding areas have seen continuous growth for
over 20 years. The City Commission adopts a growth policy to direct decision
making regarding growth. Chapter 1, pages 8-16, of the Bozeman
Community Plan 2020 (BCP2020) discusses how the City should approach
growth. The BCP2020 concludes that growth within the City limits is
preferred over other alternatives. Availability of infrastructure is a key
element in enabling additional development within the community. The City
completes specialized facility plans examining current demands and future
needs for individual infrastructure services.
Some of the City’s most important responsibilities are the provision and
operations of fire/EMS services, water, sewer, and transportation. These
facilities make growth of a modern city possible. The creation and operations
of these facilities is complex and expensive. One important tool the City uses
to create new capacity in these facilities is impact fees.
An impact fee is a one-time service charge to new or expanded development
that require additional services. The state authorizes municipalities to collect
impact fees through Title 7 Chapter 6 Part 16 MCA [External Link]. State law
gives broad authority and requires certain procedures for determining
amounts charged, collection and management of fees, how fees are
allocated to specific construction projects, and limitations on their use.
Impact fees collected can only be used to pay for costs to expand capital
capacity. No operations or maintenance costs may be paid with impact fees.
Impact fees are not charged for or expended on minimum standard
improvements for new development.
66
Bozeman has used impact fees since 1996. Bozeman established local
regulations for impact fees in Chapter 2 Article 6 Division 9 BMC [External
Link]. As part of those regulations, the City established a four-year cycle to
update the service area reports which establish service costs. The regular
cycle helps to keep charges current to construction costs, includes updated
facility planning, and reflects changes to the capital improvement program
with new or completed projects. The City has retained TishlerBise to assist
the City with the latest impact fee update. TischlerBise has engaged with the
City before on this work, preparing the 2012 editions of the fee studies.
Impact fees provide a key funding source for expanding services
concurrently with new development. This improves public safety, reduces
public and private risks, facilitates construction of new housing, and lessens
total cost of system development to the users. Impact fees come with a
number of limitations including:
Charged fees may only be used for capital capacity expansion; no
operations or maintenance.
Must be used only for the same type of infrastructure for which the
fee was charged.
Are limited to the costs reasonably related to the development to
which they are charged.
May not exceed a reasonably proportionate share of costs to
accommodate the development paying the fee.
Must be based on planned or completed capital improvements.
Improvements paid for with fees must benefit the fee payer.
Do not cover all costs of service.
City must track and keep separate impact fees from other revenue.
A capital improvement program must be developed and adopted to
spend impact fee funds.
A service area report documenting the area where the fees apply,
factual basis for the fee, and determining unit costs to be charged to
future development must be prepared periodically.
Information on the City’s current impact fee service area reports, costs of
service, and processes is available through the City’s impact fee website
(External Link).
A capital improvement program (CIP) is used to assign location and work to
expand service capacity. The current CIP document (Fiscal Years 2024-2028)
is available through the City’s budget and financial reports website (External
Link). The four impact fee funds are presented beginning on pages 77, 81,
192, and 221. Each fund is presented with a five-year summary of
anticipated revenues and expenditures, an overall expected fund balance
each year, and project descriptions for all upcoming items included on the
CIP. A map of projects on the current CIP CIP is attached.
The CIP is prepared by the City Manager and staff each year. It is presented
to the City Commission each winter and discussed and accepted before
becoming a key element of the annual budget preparation. The CIP is based
67
on the various facility plans for each service type. Each plan examines
existing conditions, determines future needs for service from expected
growth, and identifies specific projects that can be constructed to provide
additional service. The public is invited and encouraged to participate both
in the development of individual facility plans and the CIP. The CIP plays a
key role in coordination of work being funded by different sources and as a
bridge between the 20+ year horizon of facility planning documents and the
annual budget. The five year CIP horizon allows the community to see
upcoming planned work, offer input on priorities for capacity expansion, and
coordinate public and private investments.
State law requires an advisory board for impact fees. The Community
Development Board is the board assigned this role. The staff and consultant
will work with the Board during the development of the service area reports.
The role of the Board is to “review and monitor the process of calculating,
assessing, and spending impact fees.” The Community Development Board
will ultimately consider the final reports and make a recommendation to the
City Commission regarding their adoption. The Board also reviews and makes
a recommendation regarding the annual CIP update.
The development of the service area reports is primarily a technical and
financial analysis. General policy and standards are set by other processes.
Data will be drawn from the City’s facility plans, capital asset tracking
software, financial records, and demographic data from the US Census and
other similar sources. Drafts of service area reports will be made available
through the City’s website for review and comment by the public and the
Community Development Board and City Commission will consider. The
public is invited to all advisory board and Commission meetings.
Service areas are the geographic area where the necessary link between
service use and development/fee payer is established. Bozeman’s impact
fees only apply to development within its corporate and utility limits.
Development outside the city, such as west of Gooch Hill Road, pays any
applicable fees to its local service provider, not to the City of Bozeman. Prior
service area reports found that all of Bozeman is a single service area.
Each impact fee is legally separate from the others. Each service area report
will consider the specific characteristics of demand that are unique to that
service type. For example, water is calculated for gallons per person per day
for homes and fire/ems is based on number of calls for service. Cost for
creating capacity for a new gallon of water or service call is calculated from
local data and is relevant to our local conditions. Bozeman is fortunate to
have detailed and recent construction cost information from prior projects
that can inform these calculations.
Impact fees are collected during the building permit process. Impact fees are
a fee for service and are therefore applicable to all development. All
governmental, institutional, non-profit, and for-profit development is
68
reviewed and charged according to its expected service requirements. Fees
are updated on January 1st of each year for prior year inflation.
Due to the requirement for proportionality impact fees cannot be waived for
one group of users and costs moved to other impact fee payers. The City can
choose to pay impact fees on behalf of development from other revenue
and has done so several times in support of affordable housing or daycare
development. Availability of money to do this is affected by the annual
budget.
This meeting is an opportunity for the Community Development Board to
meet the selected consultant for this work and to ask relevant questions of
staff and the consultant.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Funds for the project have been approved.
Attachments:
ImpactFeeCIP.pdf
Report compiled on: June 20, 2023
69
70
Memorandum
REPORT TO:Community Development Board
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Public Hearing for an Amendment to the Northeast Urban Renewal Plan
MEETING DATE:June 26, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to accept staff's conclusion and findings in their memorandum to the
Community Development Board acting as the Planning Commission affirming
the conformity of the Northeast Urban Renewal Plan, as amended, with the
growth policy or parts of the growth policy for the development of the
municipality as a whole.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see attached memorandum.
UNRESOLVED ISSUES:Please see attached memorandum.
ALTERNATIVES:Please see attached memorandum.
FISCAL EFFECTS:None.
Attachments:
NURD_BCP_Conformance_Staff_Memo__062223.docx
NE District Plan NURB red lined 20230622.pdf
Report compiled on: June 22, 2023
71
To:Community Development Board (acting as the Planning Commission)
From:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Meeting Date:June 27, 2023
Subject:Northeast Urban Renewal Plan Amendment and Conformity with the
Growth Policy (Bozeman Community Plan 2020)
Overview
On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to
consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted
at that time it would be infeasible to consolidate the Northeast Urban Renewal Board into any
of the five strategic boards. Staff recommended amending the district’s urban renewal plan to
designate the City Commission to serve as the Northeast Urban Renewal Board.
The Northeast Urban Renewal Board was formed at the inception of the District and as such, a
board structure was written into the urban renewal district plan. The board has been
responsible for reviewing projects, workplans, and budgets and providing recommendations to
the City Commission. Despite no changes to the purpose, goals or proposed actions of the
Northeast Urban Renewal Plan, for the City Commission to take on the functions of the board,
the Plan must be amended.
An amendment of the Northeast Urban Renewal Plan requires that it be found to be in
conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan
2020. Below is a summary demonstrating how the goals of the Northeast Urban Renewal Plan
conform with the themes and goals established in the Bozeman Community Plan 2020.
Staff Conclusion
After a thorough review and analysis of the themes and goals of the Bozeman Community Plan
(BCP) and the goals of Northeast Urban Renewal Plan (URP), staff concludes that the Northeast
URP is in conformance with the BCP.
72
Staff Findings
Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating
conformance.
URPPRINCIPLE 1–ENSURE THE HEALTH,SAFETY,AND SECURITY OF THE DISTRICT
URP Principle 1 Intent: “Unsurfaced streets, inadequate storm water drainage, outdated water and
sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the
District. Improving the infrastructure of the area will also prepare the District for the future.”
Goal A: “Outdated or insufficient infrastructure should be repaired, replaced, or otherwise
improved.”
UPR Principle 1: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-1.
BCP Goal DCD-1: “Support urban development within the City.”
Goal B: “Encourage a land use pattern that facilitates all modes of transportation vehicular,
bicycle, pedestrian, mass transit, and commercial - for safe, efficient and convenient access
for residential, commercial, and industrial uses.”
URP Principle 1: Goal B and the goal’s specific actions are in conformance with BCP Theme 5: A
City That Prioritizes Accessibility and Mobility Choices, Goals M-1 and M-2.
BCP Goal M-1: “Ensure multimodal accessibility.”
BCP Goal M-2: “Ensure multimodal safety.”
Goal C: “Provide public utilities to the area efficiently in ways that are not visually or
physically obtrusive.”
URP Principle 1: Goal C is in conformance with BCP Theme 3: A City Bolstered by Downtown and
Complementary Districts, Goal DCD-1.
BCP Goal DCD-1: “Support urban development within the City.”
URPPRINCIPLE 2–BALANCE COMMERCE AND LIVABILITY IN THE DISTRICT WITHIN THE MIXED-USE FRAMEWORK.
URP Principle 2 Intent: “The clear intent of this District is to support a mix and variety of nonresidential
and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any
allowable uses.”
Goal A: “Harmonize commercial and industrial development with residential quality of life.”
73
URP Principle 2: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A
City of Unique Neighborhoods, Goals N-2 and N-3.
BCP Goal N-2:“Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.”
BCP Goal N-3: “Promote a diverse supply of quality housing units.”
URPPRINCIPLE 3–HONOR THE UNIQUE CHARACTER AND VITALITY OF THE DISTRICT.
URP Principle 3 Intent: “The unique character of this neighborhood is built on its history, proximity to the
railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity
to downtown. These qualities should be supported.”
Goal A: “New structures should be designed and built keeping in mind public values of
durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and
massing in the construction of new private buildings will add strength and character to the
built environment. To the degree that the private sector can be influenced by a public partner
in development, the community ought to strongly encourage excellence in urban design as a
basis of partnership.”
URP Principle 3: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A
City of Unique Neighborhoods, Goal N-4.
BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.”
Goal B: “Promote sustainable building practice and design within the District.”
URP Principle 3: Goal B and the goal’s specific actions are in conformance with BCP Theme 1: A
Resilient, Goal R-2.
URP Principle 3: Goal B is also in conformance with BCP Theme 4: A City Influenced by our
Natural Environment, Parks, and Open Lands, Goals EPO-2 and EPO-3.
BCP Goal R-2: “Pursue community decisions in a manner that supports resilience.”
BCP Goal EPO-2: “Work to ensure that development is responsive to natural features.”
BCP Goal EPO-3: “Address climate change in the City’s plans and operations.”
URPPRINCIPLE 4–PUBLIC OPEN SPACE IS ESSENTIAL TO A HEALTHY AND APPEALING URBAN ENVIRONMENT.
URP Principle 4 Intent: “Developing and procuring parks and public open space, as well as improving and
making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance
and improve the District.”
Goal A: “Procure new land for parks and public open space.”
74
URP Principle 4: Goal A and the goal’s specific actions are in conformance with BCP Theme 4: A
City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-1.
BCP Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of
recreational opportunities throughout the City.”
Goal B: “Improve landscaping in existing public spaces.”
URP Principle 4: Goal B and the goal’s specific actions are in conformance with BCP Theme 4: A
City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-3.
BCP Goal EPO-1: “Address climate change in the City’s plans and operations.”
URPPRINCIPLE 5–THE COSTS OF PROJECTS AND PROGRAMS SHALL BE WEIGHED AGAINST THEIR BENEFITS TO THE
DISTRICT.
URP Principle 5 Intent: “This principle is self-explanatory as long as Benefit is understood to mean the
promotion of the Principles and that Benefits may not be financial in nature.”
URP Principle 5 neither conforms nor conflicts with the themes and goals of the BCP.
URPPRINCIPLE 6–PRIVATE PROPERTY SHALL NOT BE ACQUIRED FOR OTHER PRIVATE USE THROUGH THE EMINENT
DOMAIN PROCESS IN THE IMPLEMENTATION OF ANY ASPECT OF THIS PLAN.
Goal A: “Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to
take private property for private use in the implementation of an urban renewal project or
similar redevelopment plan.”
URP Principle 6: Goal A neither conforms nor conflicts with the themes and goals of the BCP.
URPPRINCIPLE 7–THE CITY SHALL NOT LIMIT ITS VISION FOR THE DISTRICT IMPROVEMENTS TO MONIES
AVAILABLE SOLELY THROUGH THE TIF FUNDING.
Goal A: “Encourage the City to help ensure the success of the NE Urban Renewal Plan by
giving a high priority to the NE District in its capital improvements plan.
UPR Principle 7: Goal A and the goal’s specific actions are in conformance with BCP Theme 6: A
City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1.
URP Principle 7: Goal A is also in conformance with BCP Theme 3: A City Bolstered by
Downtown and Complementary Districts, Goals DCD-1.
BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and
thriving economic center.”
75
BCP Goal DCD-1:“Support urban development within the City.”
URPPRINCIPLE 8–PROJECTS SHALL CONSIDER IMPACTS ON ADJACENT NEIGHBORHOODS.
Goal A: “Work with neighborhoods and businesses to ensure actions taken in the District are
compatible with adjacent developed areas.”
URP Principle 8: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-2.
BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.”
URPPRINCIPLE 9–THE CITY SHALL CONSIDER THE IMPACT ON THE DISTRICT OF ALL PROJECTS UNDERTAKEN
OUTSIDE OF THE DISTRICT.
Goal A: “Work with the City to ensure actions taken outside of the District are
compatible with projects inside of the District.”
URP Principle 9: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A
City Bolstered by Downtown and Complementary Districts, Goal DCD-2.
BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.”
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Northeast Urban Renewal District
Plan Draft
11-2-05
N . U . R . D
77
2
CITY OF BOZEMAN
NORTHEAST BOZEMAN URBAN RENEWAL PLAN
Amended by the Bozeman City Commission, MONTH, DAY, 2022
2005 Plan Prepared by:
The Northeast Bozeman Urban Renewal Study Committee
Michael Barrett Ron Brey (City of
Bozeman Staff)
Peter Bronken Jim Browning
Brian Caldwell Bobbi Clem
Jack Davis Jon Gerster
Terry Giovanini Todd Hoitsma
Marcia Kaveney Erik Nelson
Tracy Oulman (City of Bozeman Staff) Robert Pavlic
Jeanne Wesley-Wiese Steve Kirchhoff and
Marcia Youngman (City
Commission Liaisons)
Prepared for:
The Bozeman City Commission
Andrew Cetraro, Mayor Lee Hietala
Steve Kirchhoff Jeff Krauss
Marcia Youngman
78
3
NORTH EAST URBAN RENEWAL DISTRICT PLAN
CONTENTS
HISTORICAL CONTEXT PG 4
INTRODUCTION PG 4
MISSION/ VISION STATEMENT PG 5
GUIDING PRINCIPLES, GOALS AND IMPLEMENTATION
ACTIONS PG 5
EXECUTING THE PLAN PG 10
FINANCE PG 14
DISTRICT MAP FIG. 1
RESOLUTION 3835 APPENDIX 1
GENERAL DESCRIPTION APPENDIX 2
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4
NORTH EAST URBAN RENEWAL DISTRICT PLAN
HISTORICAL CONTEXT
In the 1880s, Bozeman’s economic fortunes blossomed with the arrival of the
Northern Pacific Railway, which established a depot at the northeast end of the
young city and connected it with distant markets. The town’s early entrepreneurs
established flour mills, residences, freight storage, and a brewery on new streets
named for trees, mostly the fruit-bearing variety, but Montana species as well.
Perhaps these names came in deference to the timber products and fruit that
passed through, but much of this freight and food processing activity has receded
into history.
In the 120 years since this place grew into a rail-centered enterprise zone,
Bozeman’s economic center of gravity moved elsewhere, leaving the
neighborhood short on paved streets, sidewalks, street lighting, parks, and sound
infrastructure, with scattered evidence of bygone industrial activity remaining: rail
track and ties, cable spools, grain storage bins, and upright fuel tanks.
INTRODUCTION
This Urban Renewal Plan was prepared by a 13-member committee composed of
a range of businesses and residents from the District and the adjacent Northeast
Neighborhood in response to the City Commission’s finding of blight on August
15, 2005 (Resolution #3835) (Appendix 1). The City Commission supported the
blight designation unanimously in order to create an Urban Renewal District
because it believed this would encourage infill within the city limits and that the
Tax Increment Finance (TIF) District created by the designation would help
finance such infill.
While acknowledging that change (development) is inevitable in the District, and
that the creation of an Urban Renewal District and its associated Tax Increment
Financing would encourage economic vitality in the District, it should be noted
that some Northeast Neighborhood citizens and several committee members
perceived few of the problems cited in the blight report. Thus, considerable
efforts in the development of this plan were made to consider the many different
and sometimes conflicting interests of the committee members. The hope is that
the end product – the Northeast Urban Renewal Plan - adequately balances the
needs to remedy blight and encourage economic vitality and livability while also
ensuring that future development preserves and enhances the eclectic character of
the District to the fullest extent possible.
A map of the District is found in Figure 1 and a general description of the area
included in the District is contained in Appendix 2.
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5
MISSION/ VISION
This Plan is the city’s response to remedy the conditions of blight found in the
August, 2005 report. The Plan also addresses other issues important to the
District. The plan’s purpose is to ensure the vitality of the Northeast Urban
Renewal District (NURD), the vitality of the NURD for generations to come, and
to make the NURD an area in which its citizens can take exceptional pride. The
Plan envisions a mixed-use neighborhood that is user-friendly, safe, secure, and
healthy. While this plan envisions a District with diversity of housing, businesses,
and amenities, it intends to maintain the unique ambiance and historic character of
the District.
GUIDING PRINCIPLES, GOALS & IMPLEMENTATION
ACTIONS
The principles and implementation actions which follow provide direction for
using the Plan. All nine Principles are vital to achieving the vision for the
District.
The Implementation Actions are not exclusive lists. Neither the Principles nor
the Implementation Actions are arranged in order of importance.
1. Ensure the health, safety, and security of the District.
Unsurfaced streets, inadequate storm water drainage, outdated water and sewer
utilities, and inadequate street lighting negatively impact the health, safety, and
security of the District. Improving the infrastructure of the area will also prepare
the District for the future.
GOAL A: Outdated or insufficient infrastructure should be repaired, replaced, or
otherwise improved.
IMPLEMENTATION ACTIONS:
• Improve streets and alleys
• Improve fire prevention.
• Repair or replace defective sections of water and sewer mains.
• Improve the appearance and adequacy of dark sky lighting.
• Provide for prompt snow removal.
• Improve sidewalks and trail network.
• Increase police patrols.
• Improve storm water systems and develop storm water management
techniques to protect Bozeman Creek.
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GOAL B: Encourage a land use pattern that facilitates all modes of transportation
– vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient
and convenient access for residential, commercial, and industrial uses.
IMPLEMENTATION ACTIONS:
• Incorporate sidewalks, crosswalks, bike lanes and trails in the design
for construction or reconstruction of streets and roadways.
• Obtain property or easements for the continuation of the existing
trail system.
• Encourage bicycle use by incorporating bicycle amenities in the
design of streets, bridges, and trails.
• Design sidewalks, walkways, trails, and streets for handicapped
accessibility wherever possible.
• Provide traffic calming measures.
• Designate truck route
GOAL C: Provide public utilities to the area efficiently in ways that are not
visually or physically obtrusive.
IMPLEMENTATION ACTION:
• Encourage the conversion of communications networks and other
utilities to underground or wireless facilities
2. Balance commerce and livability in the District within the mixed-use
framework.
The clear intent of this District is to support a mix and variety of nonresidential
and residential uses. Nothing in this Plan shall be interpreted to be discouraging
or prejudicial to any allowable uses.
GOAL: Harmonize commercial and industrial development with residential
quality of life.
IMPLEMENTATION ACTIONS:
• Assure compatibility of land uses through appropriate urban design
techniques.
• Consider alternative materials for streets and sidewalks.
• Promote environmental cleanup of brown field or hazardous
substances by the responsible parties.
• Encourage commercial development that provides basic needs to
the District.
• Encourage affordable housing
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3. Honor the unique character and vitality of the District.
The unique character of this neighborhood is built on its history, proximity to the
railroad, mixed rural and urban development, mixed residential and commercial
uses, and its proximity to downtown. These qualities should be supported.
GOAL A: New structures should be designed and built keeping in mind public
values of durability, flexibility, and simplicity. Thoughtful consideration of
design, materials, and massing in the construction of new private buildings will
add strength and character to the built environment. To the degree that the private
sector can be influenced by a public partner in development, the community ought
to strongly encourage excellence in urban design as a basis of partnership.
IMPLEMENTATION ACTIONS:
• Where historic buildings and places exist, compatibility of design
elements should also enter into the planning of new construction.
• Where historic structures are affected by public or private
development, seek out the advice and assistance of local, state, or
federal historic preservation professionals for opportunities to
renovate existing historic structures.
• Respect the property rights of property owners.
• Encourage the growth of cultural activities.
GOAL B: Promote sustainable building practice and design within the District.
IMPLEMENTATION ACTIONS:
• Support projects and designs that promote Dark Skies.
• Promote the use of indigenous plants and materials for landscaping
and design.
• Encourage the use of locally produced, renewable products.
• Promote environmentally sound development and construction
practices.
• Promote energy and resource-efficient systems within the District.
4. Public open space is essential to a healthy and appealing urban
environment.
Developing and procuring parks and public open space, as well as improving and
making accessible the existing trails such as The Depot Park Trail and Bozeman
Creek Trail, will enhance and improve the District.
Goal A: Procure new land for parks and public open space.
IMPLEMENTATION ACTIONS:
• Secure public open space(s) in location(s) that will optimize use
and accessibility
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• Ensure that all park planning provides for a broad range of both
residential and commercial needs.
• Provide a park plan that includes a children’s playground and
connectivity to adjacent wetlands and open space.
• Eminent Domain shall not be used to procure new land for parks.
Goal B: Improve landscaping in existing public spaces.
IMPLEMENTATION ACTIONS:
• Enhance boulevards and public right-of-way by planting and
maintaining trees where appropriate.
• Weed control.
• Encourage property owners to maintain their property
5. The costs of projects and programs shall be weighed against their benefits
to the District.
This principle is self-explanatory as long as Benefit is understood to mean the
promotion of the Principles and that Benefits may not be financial in nature.
6. Private property shall not be acquired for other private use through the
eminent domain process in the implementation of any aspect of this plan
GOAL: Neither the City of Bozeman nor any of its subdivisions shall use
eminent domain to take private property for private use in the implementation of
an urban renewal project or similar redevelopment plan.
IMPLEMENTATION ACTIONS:
• Include a specific prohibition of this practice in the implementation
section of the Plan.
• Require that any amendment of the Plan occur under the same
procedures as the Plan was adopted including the individual notice
requirements for properties within the District.
• Help assure the City ordinance prohibiting the practice remains in
place by placing the NURB on record as endorsing the prohibition.
7. The City shall not limit its vision for the District improvements to monies
available solely through the TIF funding.
GOAL: Encourage the City to help ensure the success of the NE Urban Renewal
Plan by giving a high priority to the NE District in its capital improvements plan.
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IMPLEMENTATION ACTIONS:
• Work with the City, County, and State to secure funds from all
available sources.
• Promote communication so that it is understood that the District
will require assistance beyond the tax increment finance funding.
8. Projects shall consider impacts on adjacent neighborhoods.
GOAL: Work with neighborhoods and businesses to ensure actions taken in the
District are compatible with adjacent developed areas.
IMPLEMENTATION ACTIONS:
• Keep communication open and seek public input from adjacent
neighborhoods.
• Evaluate projects on their community-wide benefits and impacts.
• Create a process for the development and prioritization of
neighborhood projects.
9. The city shall consider the impact on the District of all projects
undertaken outside of the District.
GOAL: Work with the City to ensure actions taken outside of the District are
compatible with projects inside of the District.
IMPLEMENTATION ACTIONS:
• Evaluate and mitigate adverse impacts on the District occurring
from projects outside of the District.
• Ensure that a proportionate share of infrastructure costs resulting
from projects inside of the District is shared by the projects outside
of the Districts that utilize the infrastructure.
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EXECUTING THE PLAN
INTRODUCTION
Once adopted, this Plan becomes the official policy guide for public action
regarding the Northeast Urban Renewal District. These policies can only be
transformed into action through an effective implementation program. The
framework for implementation described herein depends on sound processes of
administration, financing and evaluation. As the implementation of this Plan
proceeds, new opportunities will arise and unforeseen problems will emerge. The
Plan’s administration must be sufficiently flexible to respond effectively to
changing circumstances without losing sight of long range goals.
ADMINISTRATION
The Northeast Bozeman Urban Renewal District Plan provides a framework for
the rehabilitation and redevelopment of the Urban Renewal District. Upon its
adoption, this Plan will serve as the official policy guide for public action.
However, these policies can only be transformed to action through an effective
implementation program. Key to implementation will be sound processes of
administration, financing and program evaluation.
Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a
municipality may itself exercise its urban renewal project powers, or may, “if the
local governing body by resolution determines such action to be in the public
interest, elect to have such powers exercised by the urban renewal agency created
under 7-15-4232 MCA, or a department or other officers of the municipality as
they are authorized to exercise under this part and part 43.”
The City of Bozeman may establish an urban renewal agency under this provision
to direct the projects and programs outlined in the Urban Renewal Plan, as
provided by statute. The City of Bozeman elects to exercise its urban renewal
project powers directly, or to assign them to municipal departments, rather than
establish a separate urban renewal agency. The City Commission may create an
urban renewal district board to serve in an advisory capacity to the Commission in
planning for, implementing and administering a program of rehabilitation and
revitalization for the District. The board provides opportunities for stakeholders
in the District, including property owners, business owners, and residents to
participate in formulating urban renewal projects and programs.
The annual work program and budget, listing the activities and costs of the
activities for the coming fiscal year, as well as the method of financing those
activities are prepared by the Director of Economic Development, and reviewed
and approved by the City Commission. This program and budget can be amended
during the course of the fiscal year in light of funding and program opportunities
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and changes. Urban renewal activities undertaken must be in accordance with
Montana State statute.
To implement this Plan, an Urban Renewal Agency will be created,
hereafter referred to as the Northeast Urban Renewal Board (NURB). The NURB
is responsible for the implementation of this Plan, pursuant to MCA § 7-15-4232.
Specifically, the NURB will: 1) develop plans which implement the vision for the
District; 2) review on an ongoing basis the operation and processes of all public
agencies to assure that such activities are supportive of the Plan; and 3) advocate
and coordinate the complete and full implementation of the Plan.
Individuals appointed to the NURB shall have a demonstrated interest in
Northeast Bozeman. Pursuant to MCA § 7-15-4234, the mayor, by and with the
advice of consent of the City Commission, shall appoint the NURB, which shall
consist of five voting members. The initial voting membership shall consist of
one NURB member appointed for 1 year, one for 2 years, one for 3 years, and two
for 4 years. Each appointment thereafter shall be for 4 years.
(1) Each voting member shall hold office until his/her successor
has been appointed and has qualified.
(2) A voting member shall receive no compensation for his/her
service but shall be entitled to authorized necessary expenses, including traveling
expenses, incurred in the discharge of his/her duties.
(3) Any person may be appointed as voting members if they reside
within the municipality or own property within the District. The preferred
composition of the NURB would include two residents of the District, two
business owners in the District, and one member at large.
(4) A voting member may be removed for inefficiency, neglect of
duty, or misconduct in office.
(5) The appointment of voting members shall be ratified annually
by the City Commission.
A majority of the voting members shall not hold any other public office
under the municipality other than their membership or office with respect to the
NURB.
The powers and responsibilities of the NURB shall be exercised by the
members thereof according to adopted bylaws approved by the City Commission.
A majority of the members shall constitute a quorum for the purpose of
conducting business and exercising the powers and responsibilities of the NURB
and for all other purposes. Action may be taken by the NURB upon a vote of a
majority of the members (three) unless in any case the bylaws shall require a
larger number.
In addition to the five voting members, the NURB shall be composed of a non-
voting membership of not more than four individuals. The initial membership
shall consist of one member appointed for 1 year, one for 2 years, one for 3 years,
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and one for 4 years. Each appointment thereafter shall be for 4 years. These
individuals must possess expertise or other qualifications necessary to help
implement the plan.
(1) Each non-voting member shall hold office until his/her successor has been
appointed and has qualified.
(2) A non-voting member shall receive no compensation for his/her services
but shall be entitled to authorized necessary expenses, including traveling
expenses, incurred in the discharge of his/her duties.
(3) A non-voting member may be removed for inefficiency, neglect of duty,
or misconduct in office.
(4) The appointment of non-voting members shall be ratified annually
by the City Commission.
Initial administrative staff duties for the NURB will be performed by city
staff as available until other funding shall be available from alternate sources and
permanent staff hired. The NURB will make every effort to fund its own staff,
either by contracting for services with existing public agency staff, contracting for
services with a private firm, or hiring a staff. The FY07 work program shall
specify the staff arrangement.
The NURB may exercise any of the powers specified in MCA § 7-15-
4233. However, no entrance to any building or property in any urban renewal
area in order to make surveys and appraisals in the manner specified in 7-15-4257
shall be made without the owner’s permission
ANNUAL WORK PROGRAM, BUDGET, AUDIT AND EVALUATION
The Director of Economic Development NURB shall prepare an annual work
program (AWP) and budget that will list the activities and costs of activities for
the coming fiscal year, as well as the method of financing those activities. The
NURB shall provide public notice as required by statute.in the newspaper and by
other appropriate means and conduct a public hearing prior to the submittal of the
annual work program to the City Commission. This program and budget may be
amended during the course of the city’s fiscal year, in light of funding and
program changes. All budgets and revised budgets shall be reviewed and
approved by the City Commission.
The NURB shall cause to be performed an annual audit conducted in
conjunction with the city’s audit covering the operations of the NURB in carrying
out this Plan. The first such audit shall be completed within ninety (90) days of
the close of the first fiscal year following the adoption of this Plan by the City
Commission. All such audits shall be maintained as a part of the public records of
the City of Bozeman.
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The Director of Economic Development shall provide an annual report to the City
Commission on programs and activities of the District. The NURB shall also
provide to the City Commission and the public an annual program evaluation.
Such evaluation shall review the Northeast Bozeman Improvement District Plan
and the past annual work program and other relevant NURB activities for the
year.
PLAN AMENDMENT
The Plan may be amended by the same means as adopted in accordance with
Montana law. No ordinance amending the Plan shall be adopted until after a
public hearing has been conducted thereon and notice of said hearing has been
given in the official newspaper once a week for two consecutive weeks preceding
the hearing. In addition, mailed notice shall be given to all persons owning
property at the time and in the manner provided by MCA § 7-15-4215(1). All
notices shall provide the information regarding the modification required by MCA
§ 7-15-4215(1). Nothing herein shall limit of affect the authority of the
Commission to undertake and carry out renewal activities on a yearly basis as
provided by MCA § 7-15-4220.
PROPERTY ACQUISITION
The NURB will assist and encourage public and private entities to eliminate
blight or blighting influences, and strengthen the City’s economy by developing
property in the District. Where necessary, in the execution of this Plan, the
NURB is authorized to acquire property in the District in accordance with the
appropriate federal, state and local laws. However, the power of eminent domain
shall not be used to acquire private property for private purposes or for parks.
ACTION BY THE CITY
The City shall aid and cooperate with the NURB in carrying out this Plan, and
shall take all actions necessary to ensure the continued fulfillment of the purposes
of this Plan and to prevent the recurrence or spread in the area of conditions
causing blight. To assure the purposes of the Plan are fully considered, the City
shall obtain and consider the advice of the NURB regarding all development
proposals, public works projects or other matters occurring within or adjacent to
the Northeast Bozeman Improvement District area or affecting any aspect of the
Plan.
Other action by the City may include, but not be limited to the following:
1. Institution and completion of proceedings for opening, closing, vacating,
widening or changing the grades of streets, alleys and other public rights-of-way
and for other necessary modification of the streets, the street layout and other
public rights-of-way in the Northeast Bozeman Improvement District areas.
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2. Institution and completion of the proceedings necessary for changes and
improvements in publicly-owned utilities within or affecting the Northeast
Bozeman Improvement District areas.
3. Revision of Master Plan, Zoning requirements, development standards and
regulatory practices if necessary to facilitate the execution or principles, policies
and implementation actions set forth by this Plan.
4. Performance of the above, and all other functions and services relating to
public health, safety and physical development normally rendered in accordance
with a schedule that will permit the redevelopment of the Northeast Bozeman
Improvement District area to be commenced and carried to completion without
unnecessary delays.
5. Promotion of the availability, through the City, of programs and funds to help
keep existing and new housing, in or near the district, affordable and habitable.
6. The undertaking and completing of any other proceedings necessary to carry
out the provision of this Plan.
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FINANCE
The programs, projects and administration of the Plan shall be financed from a
variety of sources both public and private which in part may include:
Private – Grants; dues; self-imposed taxes, such as Special Improvement Districts
or Business Improvement Districts; private investment; and donations.
Private Enterprise Assistance Programs – Housing and Urban Development,
Small Business Administration and Community Reinvestment Act financial
assistance.
Public – Tax increment financing; revenue bonds; City and County general funds;
public grants; utility Districts; user fees; state-backed, low interest loans; Montana
Department of Transportation; general obligation bonds; tax credits; and
enterprise funds.
Tax Increment Financing will be implemented in accordance with MCA §§ 7-15-
4282-4292 and 4301-4324. In the event that property taxes are reduced or
replaced with some new form of revenue, it is the intent of the Plan to use all
available means to adjust the tax base or allow the capture of that portion of the
new revenue form necessary to offset the reduced or lost increment.
The Director of Economic DevelopmentNURB will annually develop a program
and budget to be reviewed and adopted by the City Commission. During this
procedure, specific actions will be proposed in detail for community review. This
process will allow maximum community input to further the redevelopment
interests of the community and to evaluate past actions of the NURB.
Tax Increment Financing shall be used to further the implementation of the goals
set forth in this plan.
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Figure 1
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Appendix 1
COMMISSION RESOLUTION NO. 3835
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST
WITHIN THE MUNICIPALITY AND THE REHABILITATION,
REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA
OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF
SUCH MUNICIPALITY.
WHEREAS, a blight investigation in a portion of Northeast Bozeman
outlined in Attachment “A” was completed by ThinkTank Design Group, Inc. on
June 6, 2005; and
WHEREAS, the investigation determined that areas of blight as defined by
state statute existed within the study area associated with the following: the
defective or inadequate street layout identified within the study area; instances of
known deterioration, inadequate provisions and/or age obsolescence of the
following public improvements within the study area: water, sewer, storm
drainage, streets, sidewalks and parks; instances of age obsolescence of buildings
within the study area; instances of unsanitary or unsafe condition; instances
producing inadequate provision for ventilation, light, proper sanitary facilities, or
open spaces as determined by competent appraisers on the basis of an
examination of the building standards of the municipality; and
WHEREAS, Section 7-15-4212 MCA provides that any person, public or
private may submit an urban renewal plan to the municipality; and
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WHEREAS, a request was received from ThinkTank Design Group, Inc. to
create an Urban Renewal District for the study area in Northeast Bozeman outlined
in Attachment “A”; and
WHEREAS, Section 7-15-4210 MCA requires that a municipality adopt a
resolution of necessity in order to implement an urban renewal program.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that areas of blight exist within the study area of Northeast
Bozeman outlined in Attachment “A”, attached hereto and by this reference made
a part hereof, and that the rehabilitation, redevelopment, or a combination thereof
of the area is necessary in the interest of the public health, safety, morals, or
welfare of the residents of Bozeman.
BE IT FURTHER RESOLVED that the City shall not use its powers of eminent
domain to acquire private property for any private use in the implementation of
any urban renewal project within this area.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 15th day of August 2005.
__________________________________________
ANDREW L. CETRARO, Mayor
ATTEST:
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________________________________________
ROBIN L. SULLIVAN
City Clerk
APPROVED AS TO FORM:
_____________________________________
PAUL J. LUWE
City Attorney
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Appendix 2
Description of the Proposed NE Urban Renewal District
Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes
Addition; thence southerly along the west right-of-way line of North Rouse
Avenue approximately 1,530 feet to the northeast corner of the north 81 feet of
Tract 1 Block 9 of Beall’s First Addition; thence easterly approximately 60 feet to
the western property line of Tract 2 Block 1 of Perkins and Stone Addition;
thence northerly along the east right-of-way line of North Rouse Avenue
approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and
Stone Addition; thence easterly along the south right-of-way line of East Peach
Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the
Babcock and Davis Addition; thence southerly along the east right-of-way line of
North Church Avenue approximately 117 feet to the southwest corner of Tract 2
Block 6 of the Babcock and Davis Addition; thence easterly approximately 194
feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis
Addition; thence southerly approximately 55 feet to the southeast corner of Tract
3 Block 6 of the Babcock and Davis Addition; thence westerly approximately 10
feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition;
thence southerly approximately 111 feet to the southeast corner of Tract 7 Block
6 of the Babcock and Davis Addition; thence easterly approximately 264 feet to
the western property line of the West ½ of Lot 3 Block 7, Tract 2 of the Babcock
and Davis Addition; thence northerly along the eastern right-of-way line of North
Wallace Avenue approximately 284 feet to the northwest corner of the west end
of Tract 2 Lot 6, and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis
Addition; thence easterly along the southern right-of-way line approximately 817
feet to the western property line of Lot 33 Block 53 of the Northern Pacific
Addition; thence northeasterly along the eastern right-of-way line of Plum Avenue
approximately 555 feet to the centerline of the current main railroad track; thence
northwesterly along the centerline of the current main railroad track
approximately 1,280 feet; thence westerly approximately 177 feet to the
northeast corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific
Addition; thence southerly along the west right-of-way line of North Wallace
Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the
Northern Pacific Addition; thence westerly along the north right-of-way line of
East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of
the Amended Plat C-23-W of the Northern Pacific Addition; thence northerly
along the east right-of-way line of North Church Avenue approximately 360 feet
to the property line of Lot 1 of the Amended Plat C-23-W of the Northern Pacific
Addition; thence westerly approximately 430 feet along the north right-of-way line
of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes
Addition, the point of beginning.
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Memorandum
REPORT TO:Community Development Board
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Public Hearing for an Amendment to the Midtown Urban Renewal Plan
MEETING DATE:June 26, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to accept staff's conclusion and findings in their memorandum to the
Community Development Board acting as the Planning Commission affirming
the conformity of the Midtown Urban Renewal Plan, as amended, with the
growth policy or parts of the growth policy for the development of the
municipality as a whole.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see attached memorandum.
UNRESOLVED ISSUES:Please see attached memorandum.
ALTERNATIVES:Please see attached memorandum.
FISCAL EFFECTS:None.
Attachments:
MURD_BCP_Conformance_Staff_Memo_062123.docx
Midtown Urban Renewal District Plan red lined 20230621.pdf
Report compiled on: June 22, 2023
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To:Community Development Board (acting as the Planning Commission)
From:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
Meeting Date:June 27, 2023
Subject:Midtown Urban Renewal Plan Amendment and Conformity with the
Growth Policy (Bozeman Community Plan 2020)
Overview
On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to
consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted
at that time it would be infeasible to consolidate the Midtown Urban Renewal Board into any of
the five strategic boards. Staff recommended amending the district’s urban renewal plan to
designate the City Commission to serve as the Midtown Urban Renewal Board.
The Midtown Urban Renewal Board was formed at the inception of the District and as such, a
board structure was written into the urban renewal district plan. The board has been
responsible for reviewing projects, workplans, and budgets and providing recommendations to
the City Commission. Despite no changes to the purpose, goals or proposed actions of the
Midtown Urban Renewal Plan, for the City Commission to take on the functions of the board,
the Plan must be amended.
An amendment of the Midtown Urban Renewal Plan requires1 that it be found to be in
conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan
2020. Below is a summary demonstrating how the goals of the Midtown Urban Renewal Plan
conform with the themes and goals established in the Bozeman Community Plan 2020.
1 7-15-4213. Review of urban renewal plan by planning commission.(1) Prior to its approval
of an urban renewal project, the local governing body shall submit the urban renewal project plan to
the planning commission of the municipality for review and recommendations as to its conformity with
the growth policy or parts of the growth policy for the development of the municipality as a whole if a
growth policy has been adopted pursuant to Title 76, chapter 1.
(2) The planning commission shall submit its written recommendations with respect to the
proposed urban renewal plan to the local governing body within 60 days after receipt of the plan.
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Staff Conclusion
After a thorough review and analysis of the themes and goals of the Bozeman Community Plan
(BCP) and the goals of Midtown Urban Renewal Plan (URP), staff concludes that the Midtown
URP, as amended, is in conformance with the BCP.
Staff Findings
Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating
conformance.
URPGOAL #1–PROMOTE ECONOMIC DEVELOPMENT
URP Goal #1, Promote Economic Development, is in conformance with BCP Theme 6: A City
Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1.
URP Goal #1:“Economic vitality strengthens the community, provides for physical needs
of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions
that contribute to blight.”
BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and
thriving economic center.”
URPGOAL #2–IMPROVE MULTI-MODAL TRANSPORTATION
URP Goal #2, Improve Multi-Modal Transportation, is in conformance with BCP Theme 5: A City
That Prioritizes Accessibility and Mobility Choices, Goal M-1. Midtown URP Goal #2’s also
conforms with BCP Theme 5, Goal M-2.
URP Goal #2: “Increasing travel options supports public health, reduces resource
demand, increases efficiency and reduces costs, improving the quality of life and making
the community a better place to live and work, helping to eliminate conditions that
contribute to blight.”
BCP Goal M-1: “Ensure multimodal accessibility.”
BCP Goal M-2: “Ensure multimodal safety.”
URPGOAL #3–IMPROVE,MAINTAIN AND SUPPORT INNOVATION IN INFRASTRUCTURE
UPR Goal #3, Improve, Maintain and Support Innovation in Infrastructure, and the goal’s
specific initiatives are in conformance with BCP Theme 3: A City Bolstered by Downtown and
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Complementary Districts, Goals DCD-2 and DCD-3. Specific initiatives of URP Goal #3 also
conform to BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial
Economy, Goal EE-1.
URP Goal #3: “Infrastructure is the backbone of the community. Private development
typically requires a corresponding public investment in infrastructure. Therefore, capital
improvements in the district will help achieve economic vitality and address conditions
that contribute to blight.”
BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.”
BCP Goal DCD-3: “Ensure multimodal connectivity within the City.”
BCP Goal EE-1: “Promote the continued development of Bozeman as an innovative and
thriving economic center.”
URPGOAL #4–PROMOTE UNIFIED,HUMAN SCALE URBAN DESIGN
URP Goal #4, Promote Unified, Human Scale Urban Design, and the goal’s specific initiatives are
in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-1 and N-4.
URP Goal #3: “Protecting and building upon existing physical assets increases vitality,
desirability and leverages economic development, strengthening community values and
mutual support helping to eliminate the conditions that contribute to blight.”
BCP Goal N-1: “Support well-planned, walkable neighborhoods.”
BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.”
URPGOAL #5–SUPPORT COMPATIBLE URBAN DENSITY MIXED LAND USES
URP Goal #5, Support Compatible Urban Density Mixed Land Uses, and the goal’s specific
initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2
and N-3.
URP Goal #3: “A sense of place is strengthened by a strong core identity. Increasing live-
work opportunities and community interaction, ensures that the North 7th Avenue area
remains a great place to live, work, operate a business, and play, and helps to eliminate
conditions that contribute to blight.”
BCP Goal N-2: “Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.”
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BCP Goal N-3: “Promote a diverse supply of quality housing units.”
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BOZEMAN
MIDTOWN
URBAN RENEWAL DISTRICT
DECEMBER 2015
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Table of Contents
Chapter 1. Introduction and Overview ........................................................ 1
Chapter 2. Description of the Bozeman Midtown Urban Renewal District 7
Chapter 3. Documentation of Blight .......................................................... 20
Chapter 4. Planning Consistency ............................................................... 26
Chapter 5. Goals and Strategies ................................................................. 32
Chapter 6. Project Evaluation Criteria ..................................................... 39
Chapter 7. Implementation ......................................................................... 42
Appendix A. Public Meeting Summaries ................................................... 53
Appendix B. Planning Consistency Review ............................................... 57
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Chapter 1. Introduction and Overview
In February 2005, the Bozeman City Commission directed city staff, pursuant to the provisions
of the State of Montana Urban Renewal Law, to examine conditions along North 7th Avenue and
adjacent lands, in the midtown area of the City of Bozeman and report to the City Commission
as to “the need for, desirability of, and feasibility of creating an urban renewal program”.
The area examined was largely comprised of automobile oriented, strip commercial development
built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-
related improvements to Interstate 90 and Oak Street. These improvements have significantly
influenced the platting of land and land-use, access, traffic and circulation, and development
patterns in the area. In addition to the primary commercial corridor, portions of the residential
neighborhoods that adjoin the North 7th Avenue to the east and west were also examined. These
areas were included in order to assure that any proposed urban renewal activities in the North 7th
Avenue corridor would carefully consider issues associated with these well-established residential
areas.
More particularly, the area that was studied in 2005 included “the commercially zoned property
between North 5th Avenue and North 8th Avenue from Main Street north to the city limits, vacant
R-4 zoned parcels between Tamarack Street and Oak Street from North 5th Avenue to North 3rd
Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North
3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between
North 3rd Avenue right of way extended and the North Black Avenue alignment. Between West
Main Street and West Lamme Street, the original study area extended east only as far as a point
roughly mid-block between North 7th and North 5th Avenues.”
The information gathered in the 2005 investigation indicated that the area was eligible for
designation as an urban renewal district (URD) under 7-15-4201 et. seq MCA (the Montana Urban
Renewal Law), primarily due to:
• the defective or inadequate street layout identified within the study area
• instances of known deterioration
• inadequate provisions and/or age obsolescence of the following public improvements
within the study area: storm drain, streets and sidewalks
• instances of age obsolescence of buildings within the study area
• inappropriate or mixed uses of land or buildings
• deterioration of site; and improper subdivision or obsolete platting
Based on these findings, the City Commission adopted Resolution 3839, a Resolution of Necessity,
in August of 2005 and subsequently approved Ordinance 1685, on November 27, 2006. The
ordinance created the North Seventh Avenue Urban Renewal District and adopted the North
Seventh Avenue Urban Renewal District Plan with a provision for tax increment financing, to be
calculated using a base year of 2006. The Commission established a North Seventh Avenue Urban
Renewal Board (NSURB) to serve in an advisory capacity to the Commission in planning for,
implementing and administrating a program of rehabilitation and revitalization for the District.
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The 2006 Plan notes that the North 7th Avenue is a vital part of the City of Bozeman and is an
established entryway corridor that extends from I-90 south to Main Street. In the city's rating
system, this is a Class II corridor, which is automobile-oriented; however, it has the potential to
become more pedestrian-oriented while serving its arterial function. It serves as a major
circulation corridor and is home for a variety of businesses that contribute to the vitality of the
community. Historically, it served as the first north-south corridor for automobiles in the City and
was the community’s first connection to Interstate 90. Visitors and residents alike recall a lovely
tree-lined avenue that served as a gateway to Montana State University.
However, important as it is today, North 7th Avenue’s full potential has not been fully realized.
While the North Seventh Avenue Urban Renewal program has supported revitalization activities
in the district, some issues remain. These include the lack of connection to other parts of the city
and the failure to diversify the types of uses and achieve the degree of intensity of development
that could occur. A key objective of the Plan was to establish a district identity for the corridor
and the subareas within it. This objective has been partially met through the installation of trees,
boulevards and other elements in a portion of the corridor in recent years, but the area remains
without a unifying identity.
In March of 2015, the City Commission provided funding for the NSURB to examine several areas
adjacent to the North Seventh Avenue Urban Renewal District, to determine whether the district
could be expanded in order to better meet its goals and objectives. The NSURB had become
concerned that the failure to address blighted conditions in these areas had stymied rehabilitation
and redevelopment within the existing district. In addition, the existing North Seventh Avenue
Urban Renewal District was, in some places, only one block from the Downtown Area Urban
Renewal District, further exacerbating the lack of connectivity between the two areas. While the
area in between was characterized by the same conditions that were present in both districts, it
could not take advantage of ongoing urban renewal programs.
The NSURB directed that seven areas, adjacent to the existing urban renewal district, be evaluated
as to whether it would be appropriate to expand the district to include all or some of these areas.
These areas are as follows:
1. Southern Boundary Area, North Side of
West Main Street - An area on the east side of
the southern boundary of the urban renewal
district was reviewed. It is bounded by Lamme
Street on the north, West Main Street on the
south, North 3rd Avenue on the east and North
6th Avenue on the west. This area is located
between two existing urban renewal districts,
the North Seventh Avenue and the Downtown
Urban Renewal Districts. The conditions of
blight in this area are similar to those found
inside each of these districts.
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2. Southern Boundary Area, South Side of West Main Street – An area located just south of
the southern boundary of the North Seventh Avenue Urban Renewal District was examined. It is
bounded on the north by West Main Street, on the south by West Babcock Street, on the west by
South 9th Avenue and on the east by South 5th Avenue. This area exhibits conditions of blight
similar to the two adjacent urban renewal districts and exclusion has resulted in limited
reinvestment.
3. The Whittier School Remainder – While some of the Whittier School property is in the
original district, a portion of the property owned by the School District was not included. The area
is directly south and southwest of the Whittier School and includes the playground and the school
parking lot.
4. East Side Property – This area is located to the east of the existing urban renewal district and
is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North
5th Avenue and on the east by North 3rd Avenue. The area includes an improved BMX Park that
has seen significant use and public investment in recent years. However, the overall area of the
East Side Property exhibits a number of blighted conditions.
5. West Side Property – This parcel of land is
bounded on the north by Oak Street, the south by
Durston Road, on the east by what would be 8th
Avenue and on the west by the future 11th Avenue,
excluding Royal Vista, Royal Vista Addition, Royal
Court and the west end of Birch. It directly abuts
properties that front on the west side of North 7th
Avenue. It is largely vacant and lacks adequate
infrastructure and provides no access to areas to the
west. In effect, it forms a barrier between the urban
renewal district and the neighborhoods to the west.
This in turn negatively affects revitalization efforts.
6. Northwest Site – This site is bounded on the south
by Patrick Street, on the north by Baxter Lane, on the
east by 11th Avenue and on the west by 15th Avenue.
It is adjacent to several area hotels, but is largely vacant, and underutilized.
7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north
side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. This area is located
between the existing North Seventh Avenue Urban Renewal District and an existing tax increment
financing industrial district. Its exclusion has made it ineligible to benefit from various urban
renewal and infrastructure programs.
The investigation’s findings revealed that these areas exhibited conditions of blight as defined in
the Montana Urban Renewal Law and that the improvement of these areas would benefit the
overall North Seventh Avenue Urban Renewal program. On September 14, 2015, the Bozeman
City Commission, with support from the NSURB, adopted Resolution 4639, a Resolution of
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 4
Necessity, finding that “the rehabilitation, redevelopment, or both of an area or areas are necessary
in the interest of the public health, safety, morals, or welfare of the residents of the municipality.”
(7-15-4210 MCA) This in turn, provided the basis for amending the existing urban renewal plan
and district boundary to include any or all of these areas which were identified in the Resolution.
Therefore this urban renewal plan amends the existing North Seventh Avenue Urban Renewal
District to incorporate these additional areas. The ordinance adopting the amended plan and
district boundary will also establish a new name for the District. It will be known as the Bozeman
Midtown Urban Renewal District, to more accurately reflect the size and location of the areas
included.
Statement of Purpose – Bozeman Midtown Urban Renewal District Plan
To address blighted conditions in the Midtown area, the City of Bozeman is continuing its program
of redevelopment and revitalization within and adjacent to the North 7th Avenue corridor through
the expansion of the urban renewal district. The new district boundary and amended plan will be
adopted by ordinance, which will provide for a new name for the district – the Bozeman Midtown
Urban Renewal District. The Plan includes a provision to use tax increment financing, as funds
become available, in addition to other resources in implementing its goals and strategies.
The Plan provides a context for activities that will be undertaken by a variety of public and private
entities. It recommends a series of programs and projects that may be undertaken by the local
government to encourage reinvestment in the district, which will in turn address conditions that
have diminished the environmental, economic and cultural well being of the area over time.
Although the Montana Urban Renewal Law recognizes that eliminating the conditions that are
referred to as urban blight is a matter of general public interest, this Plan has been developed, based
on the underlying principle that it is the citizens who work, reside and own property in the area
who will be engaged directly in the revitalization effort.
Guiding Principles
This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this
end the following principles, further described in Chapter 6, will guide revitalization and
redevelopment efforts in the URD.
✓ Readiness
✓ Leveraging
✓ Design
✓ Public-Private Partnerships
Tax Increment Financing
The City of Bozeman will continue to utilize Tax Increment Financing (TIF) in conjunction with
other funding sources to help foster revitalization within the Midtown URD. The base year for the
purposes of measuring any incremental value within the original district boundaries will continue
to be 2006, while the base year for the expanded portions of the district will be 2015.
Tax Increment Financing is a state authorized, locally driven funding mechanism that allows cities
and counties to direct property tax dollars that accrue from new development, within a specifically
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 5
designated district, to community and economic development activities. In Montana, TIF districts
are authorized in parts 7-15-4201 and 4301, et. seq Montana Code Annotated (MCA), the State’s
Urban Renewal Law.
TIF districts are typically characterized by conditions that are defined as blight and/or
infrastructure deficiencies that have limited or prohibited new investment. A base year is
established from which "incremental" increases in property values are measured. Virtually all of
the resulting new property tax dollars (with the exception of the six mill state-wide university levy)
can be directed to redevelopment and economic revitalization activities within the area in which
they are generated.
Taxpayers located within a TIF district
pay the same amount as they would if the
property were located outside the district.
TIF only affects the way that taxes, once
collected, are distributed. Taxes that are
derived from base year taxable values
continue to be distributed to the various
taxing jurisdictions – local and state
government entities and school districts.
Taxes derived from the incremental
increase in taxable value are placed in a
special fund for purposes set forth in an
Urban Renewal Plan.
Tax Increment Financing Districts are
authorized for 15 years, but may be
extended for up to an additional 25 years if
TIF revenue bonds are sold any time during
the first 15 years. Funds may be used for a variety of purposes as provided for in 7-15-4288 MCA
and include improvements to vehicular and pedestrian transportation infrastructure, streetscapes,
parks and landscaping, water and sewer lines and for connecting to infrastructure outside the
district. While funds are typically used for public infrastructure investments, there are instances
where local governments have used TIF funds to partner with private property owners to make
improvements to historic buildings, to address life-safety issues and to enhance landscaping. The
statutes also provide for the establishment of a TIF revolving loan program that can support private
investment in the TIF District. Loan funds can continue to “revolve” beyond the life of the District.
In order to proceed with the expansion of the district, formerly known as the North Seventh Avenue
URD, the City of Bozeman was required to provide documentation that blighted conditions exist
within the district and pass a Resolution of Necessity to address blighted conditions. The Montana
Urban Renewal law states in 7-15-4210 MCA, that a municipality may not exercise any of the
powers authorized by part 42 and 43 until after its local governing body has adopted a resolution
finding that:
(1) one or more blighted areas exist in the municipality as documented by the presence of at
least three blighted conditions; and
Tax Increment Financing Schematic
BASE Declining Property Values
TIF Start Date Increment for Development
TIF End Date
Tax Value for Distribution
Tax Value for Distribution Taxable Value Time
How a Tax Increment Finance Provision (TIF) Works
Base + Increment
TIF Workshop - June 2012
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 6
(2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest
of the public health, safety, morals, or welfare of the residents of the municipality.
As noted above, the Resolution of Necessity – City of Bozeman Resolution 4639 was adopted on
September 14, 2015.
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Chapter 2. Description of the Bozeman Midtown Urban Renewal District
The Setting
The City of Bozeman is the county seat of Gallatin County located in southwest Montana. The
City is named for John M. Bozeman who established the Bozeman Trail and was a key founder of
the town in August 1864. The town became incorporated in April 1883 with a city council form
of government and later in January 1922 transitioned to a city manager/city commission form of
government. Bozeman residents approved a City Charter in the November 2006 general election.
Bozeman was elected an All-America City in 2001 by the National Civic League. Bozeman is
home to Montana State University and is served by Bozeman Yellowstone International Airport.
(Wikipedia)
Demographic and Economic Information
The City of Bozeman is growing. According to 2014 Census estimates, there are 41,660 people
living in the City of Bozeman, significantly higher than the 2010 Census figure of 37,280. The
county’s population is projected to experience continued growth through 2060, from 97,197 in
2015 to 145,389 in 2060, an increase of nearly 50% (Montana Economic and Information Center).
Census information, recorded over a one hundred year period, beginning in 1910, indicates that
the City’s population has grown rapidly since 1950. The following figure presents population data
for the City from 1910 to 2010, based on the decennial census.
Source: Montana Census and Economic Information Center
However, despite rapid growth, the City’s poverty rate at 21.2% is significantly higher than the
poverty rates for Gallatin County, Montana and the nation, which are 14.1%, 15.2% and 15.4%
respectively. (American Community Survey – ACS, 2009-2013).
Median Household Income for residents living in Bozeman is $44,615, lower than the County’s
median, which is $52,833 and somewhat lower than the state, at $46,230 and the nation, at $53,046
(ACS, 2009-2013). The following table shows employment in the City of Bozeman by industry.
The “Educational services, health care and social assistance” sector employs the most people,
followed by “arts, entertainment, and recreation, and accommodation and food services” and
“retail trade”.
0
5000
10000
15000
20000
25000
30000
35000
40000
City of Bozeman Population -1890 to 2010
Population
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 8
EMPLOYMENT BY INDUSTRY
CITY OF BOZEMAN
SOURCE: ACS 2009-2013
ESTIMATE
MARGIN
OF
ERROR
PERCENT
PERCENT
MARGIN
OF ERROR
Civilian employed population 16 years and over 21,647 +/-580 21,647 (X)
Agriculture, forestry, fishing and hunting, and mining 499 +/-138 2.3% +/-0.6
Construction 1,247 +/-244 5.8% +/-1.1
Manufacturing 1,369 +/-298 6.3% +/-1.3
Wholesale trade 484 +/-154 2.2% +/-0.7
Retail trade 2,951 +/-415 13.6% +/-2.0
Transportation and warehousing, and utilities 485 +/-168 2.2% +/-0.8
Information 293 +/-125 1.4% +/-0.6
Finance and insurance, and real estate and rental and
leasing 1,132 +/-309 5.2% +/-1.4
Professional, scientific, and management, and
administrative and waste management services 2,613 +/-609 12.1% +/-2.7
Educational services, and health care and social
assistance 5,544 +/-439 25.6% +/-2.1
Arts, entertainment, and recreation, and accommodation
and food services 3,385 +/-472 15.6% +/-2.1
Other services, except public administration 895 +/-210 4.1% +/-1.0
Public administration 750 +/-306 3.5% +/-1.4
Urban Renewal Area Description
As noted above, the original North Seventh Avenue Urban Renewal District includes the North 7th
Avenue corridor and portions of adjacent neighborhoods to the east and west. The following brief
history of the area is taken from a 2013 article in Bozeman Magazine written by Courtney Kramer,
entitled Wrapping Signal Boxes In History.
“North Seventh Avenue became an entryway to Bozeman during the mid-20th century, when
automobile transportation eclipsed streetcars and trains. First as the road to Belgrade, then as a
connection to Interstate 90, North Seventh Avenue developed as a car-oriented commercial area.
In fact, for a short time in the early 1960s, travelers had to detour from I-90, south on Seventh
Avenue, then East on Main and back onto I-90 while the road section between the North Seventh
and East Main interchanges was under construction. As a result, motor court hotels (later
shortened to “motels”) like the Rainbow Motel, the Royal Seven and the Rambler Motel (now
known as the Bozeman Inn) developed to provide lodging facilities for travelers. Across I-90 the
Starlight Drive-In provided a venue for movie-viewing from the comfort of the family car.”
(bozemanmagazine.com/articles/2013/12/31/22635_wrapping-signal-boxes-in history)
As noted above, today the corridor is a key community entryway, connecting Interstate 90 with
Bozeman’s core, particularly the downtown and the Montana State University Campus. While
North 7th Avenue originally featured street trees along most of the corridor, road reconstruction
and the building of off-street parking required the removal of the trees over time.
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Land Use in the Urban Renewal Area
Generally, the Bozeman Midtown Urban Renewal District is characterized by a mixture of strip
commercial (including big box stores, fast food restaurants, and motels), adjacent residential and
some light industrial uses. As noted above, the core of the area is largely comprised of automobile
oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s
and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street.
These improvements have significantly influenced the platting of land and land-use, access, traffic
and circulation, and development patterns in the area. Residential properties include a mix of
single- and multi-family dwellings. The Whittier School is located in the eastern portion district
and serves area neighborhoods. The expansion areas include large vacant parcels, some park /
open space lands and properties excluded from other TIF districts. Development of these areas
has been limited by the lack of connectivity in the road system as well as other public infrastructure.
Map of the North Seventh Avenue Urban Renewal District and Expansion Areas
The existing North Seventh Avenue Urban Renewal area is shown in blue on the map below with
each expansion area shown in yellow on the same map below. An enlarged map of each expansion
areas is found starting on page 13.
These maps are intended for visual display purposes and to assist the Montana Department of
Revenue with certification. The accuracy of these maps shall not affect, impair or nullify this plan
or the adoption process for this Urban Renewal District.
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 11
Legal Description of the Original North Seventh Avenue Urban Renewal District
Beginning at the point of the southeast corner of Lot 7 Block 1 of the Springbrook Addition thence
westerly approximately 270 feet to the southwest corner of Lot 17 Block 1 of the Springbrook
Addition, thence westerly approximately 30 feet to the centerline of North 8th Avenue, thence
northerly approximately 1,292 feet to the centerline of West Villard Street thence easterly
approximately 30 feet to the southwest corner of Lot 8 of the Durston Subdivision, thence northerly
approximately 665 feet, thence westerly approximately 4 feet, thence northerly approximately 214
feet to the centerline of West Peach Street, thence westerly approximately 65 feet to the southwest
corner of Lot 18 Block 1 of Durstons Second Subdivision, thence northerly approximately 1980
feet to the southwest corner of Lot 3 Block 2 of the Vista Addition, thence easterly approximately
150 feet to the southwest corner of Lot 2 Block 2 Vista Subdivision, thence northerly
approximately 645 feet to the northwest corner of Lot 14 Block 1 Vista Addition, thence westerly
approximately 1246 feet along the southern boundary of the Oak Street right-of-way to the
northwest corner of Tract 1 of C.O.S. 2082, thence northerly approximately 1706 feet down the
centerline of North 11th Avenue to the south boundary of the Baxter Lane right-of-way, thence
northerly approximately 70 feet across the Baxter Lane right-of-way, thence northerly
approximately 170 feet across the MDOT right-of-way for Interstate 90 to the southwest corner of
Lot 2 of the Wheat Commercial Subdivision, thence northwesterly approximately 1000 feet along
the southern boundary of Tract A of C.O.S. 391A to the westernmost point, thence easterly
approximately 800 feet to the northwest corner of Lot 1 of the Wheat Commercial Subdivision,
thence easterly approximately 789 feet to a point approximately 25 feet from the northeast corner
of Lot 12 of the Wheat Commercial Subdivision, thence northerly approximately 965 feet to the
northwest corner of Lot 3 of the Gordon Mandeville School Section Subdivision, thence easterly
approximately 440 feet to the west boundary of the North 7th Avenue right-of-way boundary ,
thence northerly approximately 1760 feet to a point where the west boundary of the North 7th
Avenue right-of-way intersects the Burlington Northern right-of-way, thence southeasterly
approximately 1,408 feet along the Burlington Northern right-of-way to the southeast corner of
Lot 18A of the Amended Plat of the Gordon Mandeville State School Section Subdivision, thence
westerly approximately 200 feet to the northeast corner of Lot 17 of the Gordon Mandeville School
Section Subdivision, thence southerly approximately 481 feet to the southwest corner of Lot 20 of
the Gordon Mandeville School Section Subdivision, thence southwesterly approximately 107 feet
to the southeast corner of Lot 16 of the Gordon Mandeville School Section Subdivision, thence
westerly approximately 260 feet to the northeast corner of Lot 15B of Minor Subdivision #49,
thence southerly approximately 686 feet to a point along the north boundary of Lot 20 of the
Industrial Park Subdivision approximately 20 feet west of the northeast corner of said lot, thence
westerly approximately 340 feet to the northeast corner of Lot 22 of the Industrial Park
Subdivision, thence southerly approximately 698 feet to the southwest corner of Lot 14 of the
Industrial Park Subdivision, thence southeasterly approximately 100 feet to the northwest corner
of Lot 3A of the Industrial Park Subdivision, thence southerly approximately 550 feet along the
east boundary of Lot 3A of the Industrial Park Subdivision across the MDOT right-of-way of
Interstate 90 to a point along the north boundary of Lot 1 of Minor Subdivision #109 approximately
486 feet from the northeast corner of said lot, thence southeasterly approximately 486 feet to the
northeast corner of Lot 1 of Minor Subdivision #109, thence southeasterly along the MDOT right-
of-way for Interstate 90 S72°17'38"E a distance of 324.41 feet and along a non-tangent curve to
the right having a radial bearing of S17°44'19"W and a radius of 22,795.00 feet a distance of
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Bozeman Midtown Urban Renewal District Plan - December 2015 Page 12
1096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along
the westerly line of said Tract 2 S01°26'44"E a distance of 372.92 feet and S47°04'50"W a distance
of 207.62 feet to a point on the north right-of-way line of West Oak Street, thence westerly
approximately 1111’ to the centerline of North 3rd Avenue, thence southerly approximately 1523
feet to the centerline of West Tamarack Street, thence westerly approximately 776 feet to a point
approximately 30 feet north of the northwest corner of Lot 11 Block 2 of the 7th Addition, thence
southerly approximately 1443 feet along the west side of the right-of-way for North 5th Avenue to
the southeast corner of Lot 6 Block 1 of the Violett Addition, thence westerly approximately 401
feet to the centerline of the alleyway intersection of West Short Street, thence southerly
approximately 522 feet to the centerline of West Villard Street, thence easterly approximately 249
feet to a point approximately 30 feet north of the northwest corner of Lot 6 Block 2 of Border Tract
13, thence southerly approximately 30 feet to the northwest corner of Lot 6 Block 2 of Border
Tract 13, thence southerly approximately 556 feet to the southeast corner of Lot 7 Block E Tracy’s
3rd Addition, thence southerly approximately 30 feet to the centerline of West Lamme Street,
thence westerly approximately 85 feet to a point approximately 30 feet north of the northeast
corner of Lot 33 Block E Tracy’s 2nd Addition, thence southerly approximately 68 feet to the
southeast corner of Lot 10 Block E Tracy’s Addition, thence westerly approximately 368 feet to
the southeast corner of Lot 7 Block 1 of the Springbrook Addition, the point of beginning.
Descriptions and Maps of the Expansion Areas. This information is intended to assist the
Montana Department of Revenue with certification. The accuracy of this information shall not
affect, impair or nullify this plan or the adoption process for this Urban Renewal District.
1. Southern Boundary Area, North Side of West Main Street – This area is bounded by Lamme
Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th
Avenue on the west.
Description: The Southern Boundary Area, North Side of West Main Street includes:
Lots 35-36, Block E, Tracy’s 2nd Addition
Lots 1-7, and 10A, Block E, Tracy’s 2nd Addition
Lots 1-21, Block D, Tracy’s 2nd Addition
Lots 22-33, Block D, W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition)
Lots 1-9, plus east ½ of Lot 10 and Lots 39-48, and vacated alley adjacent to lots 3-9 and Lots 40-
46, Block E,W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition)
2. Southern Boundary Area, South Side of West Main Street – This area is bounded on the
north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue
and on the east by South 5th Avenue.
Description: The Southern Boundary Area, South Side of West Main Street include all of the
parcels bound by West Main Street, 7th Avenue South, West Babcock Street and 9th Avenue South,
including a vacated street; and Lots 1–21, Block E, Story Addition.
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Map of Expansion Areas 1. and 2. Southern Boundary Area
3. The Whittier School Remainder – While some of the Whittier School property is in the
original district, a portion of the property owned by the School District was not included. The area
is directly south and southwest of the Whittier School and includes the playground and the school
parking lot.
Description: Lots 1 and 2, Block 3 of the Violett Addition, and Lots 1 and 18 and the north 26 feet
of Lots 2 and17 of the Violett Addition plus the adjacent vacated alley.
4. East Side Property – This area is located to the east of the existing urban renewal district and
is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North
5th Avenue and on the east by North 3rd Avenue.
Description: Parcels found in the block, located in the southeast quarter of the southeast quarter of
Section 1, Township 2 South, Range 5 East, which is bordered on north by West Tamarack Street,
on the south by West Peach Street, on the east by North 3rd Avenue, and on the west by North 5th
Avenue.
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Map of Expansion Areas 3. The Whittier School Remainder and 4. East Side Property
5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by
Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue,
excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly
abuts properties that front on the west side of North 7th Avenue.
Description
Parcels located within that portion of the west half of the southeast quarter of Section1, Township
2 South, Range 5 East described as follow: Beginning at the South ¼ corner of Section 1, Township
2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly
along the midsection line of said Section 1 a distance of 1999. 67 feet to the southwest corner of
Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of
Royal Vista Addition a distance of 940 feet more or less the southwest corner of Lot 3 Block 2 of
Royal Vista Addition, thence southerly a distance of 2000 feet more or less to the south section
line of Section 1, thence westerly to the point of beginning.
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Map of Expansion Area 5. West Side Property
6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter
Lane, on the east by 11th Avenue and on the west by 15th Avenue.
Description
Parcels described as Lots 1, 2, and 3 of Block 3, Phase 2, and Lot 6(6a), Phase 1 PT Land
Subdivision located in Section 1, Township 2 South, Range 5 East.
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Map of Expansion Area 6. Northwest Site
7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north
side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue.
Description: Tracts 5, 6, 9 and 10 of the Gordon Mandeville State School Subdivision, in Section
36, Township 1 South, Range 5 East.
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Map of Expansion Area 7. Murdoch’s Annexation Property
Legal Description of the Bozeman Midtown Urban Renewal District
Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana: thence northerly along the mid section line of said Section
1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along
the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 1034.42 feet
to the centerline of the alley in Block 2 of Royal Vista Addition; thence northerly along said alley
centerline a distance of 646.50 feet to the north line of Royal Vista Addition; thence westerly along
said north line of Royal Vista Addition and the north line of Tract 1 of C.O.S. 2082 a distance of
1095.87 feet to the northwest corner of said Tract 1; thence northerly along the centerline of N.
11th Avenue a distance of 858 feet to the intersection of the centerline of N. 11th Avenue and the
centerline of Patrick Street; thence westerly along the centerline of Patrick Street to the southwest
corner of Lot 6, PT Lands Subdivision Phase 1; thence northerly along the west line of said Lot 6
a distance of 1644.04 feet to the northwest corner of said Lot 6; thence northeasterly across the
right-of-way of Baxter Lane and Interstate Highway 90 a distance of 491 feet more or less to the
northwest corner of Tract A, C.O.S. 391A; thence easterly along the north line of said Tract A a
distance of 905.89 feet to the north ¼ corner of Section 1, Township 2 South, Range 5 East; thence
easterly along the north line of said Section 1 a distance of 707.03 feet; thence northerly along the
west line of Flora Lane a distance of 1485.41 to a point; thence easterly across Flora Lane and
along the north line of Lots 6 and Lot 9 of Gordon Mandeville State School Section Subdivision a
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distance of 440.0 feet to the west line of N. 7th Avenue (also known as U.S. Highway 10); thence
northerly along said west line of N. 7th Avenue extended to a point on the southerly right-of-way
of the Burlington Northern Railroad; thence southeasterly along said railroad right-of-way a
distance of 254 feet more or less to the north corner of Tract 19B, Amended Plat E-38-D, Gordon
Mandeville State School Section Subdivision; thence southeasterly along said railroad right-of-
way a distance of 1119.74 feet to the northeast corner of Lot 20 of Gordon Mandeville State School
Section Subdivision; thence westerly along the north line of said Lot 20 a distance of 198.88 feet
to the northeast corner of Lot 17 of Gordon Mandeville State School Section Subdivision; thence
southerly along the east line of Lots 17 and 16 of Gordon Mandeville State School Section
Subdivision a distance of 609.35 feet; thence southwesterly along the east line of said Lot 16 a
distance of 82.30 feet; thence southerly along the east line of said Lot 16 a distance of 25.00 feet;
thence along the south line of said Lot 16 a distance of 247.35 feet; thence southerly along the
west line of Lots 28 and 27 of Gordon Mandeville State School Section Subdivision a distance of
609.35 feet to the southwest corner of said Lot 27; thence southerly across the right-of-way of
West Griffin Drive a distance of 85 feet to a point on the south line of West Griffin Drive, said
point being 28.14 feet west of the northeast corner of Lot 20, McChesney Industrial Park
Subdivision; thence easterly along the north lines of Lots 20, 21A, and 22 of McChesney Industrial
Park Subdivision a distance of 328.14 feet to the northeast corner of said Lot 22; thence southerly
along the east lines of Lots 22 and 15 of McChesney Industrial Park Subdivision a distance of
707.75 feet to the southeast corner of said Lot15; thence southeasterly across the right-of-way of
Nikles Drive a distance of 100 feet more or less to the northwest corner of Lot 3A of McChesney
Industrial Park Subdivision; thence easterly along the north line of said Lot 3A a distance of 100
feet to the northeast corner of said Lot 3A; thence southerly along the east line of said Lot 3A a
distance of 362.86 feet to the southeast corner of said Lot 3A; thence southerly across the right-
of-way of Interstate Highway 90 a distance of 288 feet more or less to the north corner of Lot 1A
of Minor Subdivision 109C, said point also being on the south right-of-way of Interstate Highway
90; thence southeasterly along said right-of-way a distance of 1942.55 feet to the northwest corner
of Tract 2, C.O.S. 2128B; thence southerly along the west line of Tract 2, C.O.S. 2121B a distance
of 372.92 feet; thence southwesterly a distance of 292.6 feet more or less to a point on the east-
west mid-section line of Section 6, Township 2 South, Range 6 East, said point being 1117 feet
east of the west ¼ corner of said Section 6; thence westerly along said mid-section line 1117 feet
to the west ¼ corner of said Section 6; thence southerly a distance of 2663.4 feet to the southwest
corner of Section 6, Township 2 South, Range 6 East, said point also being on the centerline of
Peach Street; thence westerly along the centerline of Peach Street a distance of 777.35 feet to the
west line of N. 5th Avenue; thence southerly along the west line of N. 5th Avenue a distance of
523.6 feet to the northeast corner of Lot 3, Block 4, Violett Addition; thence westerly along the
north line of Lots 3 and 16 of Block 4, Violett Addition, a distance of 242.98 feet; thence
northwesterly across the right-of-way of N. 6th Avenue a distance of 52 feet more or less to the
southeast corner of Lot 2, Block 3, Violett Addition; thence westerly along the south line of said
Lot 2 a distance of 117 feet to the centerline of the alley in Block 3, Violett Addition; thence
southerly along said alley centerline a distance of 386 feet to the centerline of W. Villard Street;
thence easterly along the centerline of W. Villard Street a distance of 253 feet; thence southerly
along the extended west line of Block 6, Karps Addition a distance of 388 feet to the south line of
W. Beall Street; thence easterly along the south line of W. Beall Street a distance of 27.5 feet to
the northwest corner of Lot 29, Block E, Tracys 3rd Addition; thence southerly along the west
lines of Lots 29, 25, and 5 of Block E, Tracys 3rd Addition to the southwest corner of said Lot 5;
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thence southwesterly across the right-of-way of W. Lamme Street a distance of 66 feet more or
less to the northeast corner of Lot 36, Block E, Tracys 2nd Addition; thence southerly along the
east line of said Lot 36 to a point on the centerline of the alley in Block E, Tracys 2nd Addition;
thence easterly along the centerline of the alley in Block E and Block D of Tracys 2nd Addition to
the west line of N. 3rd Avenue; thence southerly along the west line of N. 3rd Avenue to the
southeast corner of Lot 1, Block D, Tracys 2nd Addition; thence westerly along the south line of
said Block D to the southwest corner of Lot 9 of said Block D; thence southerly across the right-
of-way of W. Mendenhall Street a distance of 56 feet more or less to the northeast corner of Lot
33, Block D, Tracys 1st Addition; thence southerly along the east line of said Lot 33 140 feet to
the north line of the alley in Block D, Tracys 1st Addition; thence westerly along said north line
of the alley 388 feet to the west right-of-way line of N. 5th Avenue; thence southerly along the
west right-of-way line of N. 5th Avenue 160 feet to the north line of W. Main Street; thence
southwesterly across the right-of-way of W. Main Street a distance of 93 feet more or less to
northeast corner of Lot 1, Block E, Storys Addition; thence southerly along the east line of said
Lot 1 a distance of 138 feet to a point on the centerline of the alley in Block E, Storys Addition;
thence westerly along said alley centerline a distance of 660 feet to the centerline of S. 7th Avenue;
thence southerly along the centerline of S. 7th Avenue a distance of 168 feet to the centerline of
W. Babcock Street; thence westerly along the centerline of W. Babcock Street a distance of 690
feet to the centerline of S. 9th Avenue; thence northerly along the centerline of S. 9th Avenue a
distance of 321 feet to the centerline of W. Main Street; thence easterly along the centerline of W.
Main Street a distance of 445 feet to the centerline of N. 8th Avenue; thence northerly along the
centerline of N. 8th Avenue a distance of 1373.8 feet to the north line of W. Villard Street; thence
easterly 30 feet to the southeast corner of Lot 14C, Kibbey Plaza Subdivision; thence along the
following courses along the east line of Kibbey Plaza Subdivision: northerly 665.1 feet, westerly
4.0 feet, and northerly 200.03 feet to the south line of Durston Road; thence westerly along the
south line of Durston Road a distance of 1052.91 feet; thence northerly 32 feet to the South ¼
corner, Section 1, Township 2 South, Range 5 East, the point of beginning.
Parcels
A list of parcels within the district was obtained from the Montana Department of Revenue to meet
the requirements for mail notice and certification. The list of parcels included identifying geocodes
and the following information.
• Property owners’ names, property address and mailing addresses of all properties with
geocodes for every property in the district.
• All centrally assessed properties and their geocodes within the district. An estimate of the
number of miles of railroad tracks.
• Personal property within the district and the corresponding assessor codes
• Mobile homes/manufactured homes not attached to real property within the district and
their assessor codes
This information is intended to help document notice requirements and assist the Montana
Department of Revenue with certification. The veracity of this information, obtained from the
Montana Department of Revenue, shall not affect, impair or nullify this plan or the adoption
process for this Urban Renewal District.
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Chapter 3. Documentation of Blight
Defining Blight
As noted above, according to 7-15-4210 MCA, a municipality may only adopt a Resolution of
Necessity to create an urban renewal district, if at least three conditions of blight, as defined in 7-
15-4206 MCA, exist in all or part of the area under consideration. Montana law sets forth the
specific conditions that constitute blight. In particular, state statute defines a blighted area as one
that substantially impairs or arrests the sound development of communities, or constitutes an
economic or social liability.
Per 7-15-4206(2), MCA, a “blighted area” may be identified as such by reason of:
(a) the substantial physical dilapidation; deterioration; defective construction, material, and
arrangement; or age obsolescence of buildings or improvements, whether residential or
nonresidential;
(b) inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as
determined by competent appraisers on the basis of an examination of the building
standards of the municipality;
(c) inappropriate or mixed uses of land or buildings;
(d) high density of population and overcrowding;
(e) defective or inadequate street layout;
(f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(g) excessive land coverage;
(h) unsanitary or unsafe conditions;
(i) deterioration of site;
(j) diversity of ownership;
(k) tax or special assessment delinquency exceeding the fair value of the land;
(l) defective or unusual conditions of title;
(m) improper subdivision or obsolete platting;
(n) the existence of conditions that endanger life or property by fire or other causes;
or
(o) any combination of the factors listed in this subsection (2).” (Montana Laws)
Blighted Conditions in the Midtown area of Bozeman
Areas of blight as defined by 7-15-4206(2), MCA, exist within the Midtown area, which includes
the existing North Seventh Avenue Urban Renewal District, associated with some or all of the
following:
• physical dilapidation, deterioration, age obsolete structures and private improvements –
with respect to but not limited to such things as buildings, facades, signage, irrigation,
ADA compliance, parking facilities, paving, storm drainage, life safety and landscaping;
• physical dilapidation, deterioration, age obsolete quasi-public improvements – such as but
not limited to overhead electric lines, gas lines, lack of or limited communication lines and
services (broadband, dark fiber, etc.);
• physical dilapidation, deterioration, age obsolete public structures and improvements -
with respect to but not limited to such things as buildings, life safety, signage, storm
drainage, lighting, parks, landscaping, irrigation, playground equipment, fencing, parking
facilities, paving, fire hydrants, streets, curbs, gutters, and sidewalks;
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• inadequate provision of ventilation, light, proper sanitary facilities, or open spaces based
on the building standards of the municipality – with respect to but not limited to such things
as adequate landscaped areas, green space, gathering areas, event venues, parks, use of
non-permanent sanitary facilities, street lighting, bike paths, and pedestrian trails;
• inappropriate or mixed uses of land or building - such as but not limited to low density or
vacant lands in the urban core, industrial uses in commercial areas, vehicular focused uses
in pedestrian centric areas, lack of connectivity to adjacent residential neighborhoods, and
uses which are not in conformance, accordance or compliance with current plans, standards
or codes;
• inappropriate density of population – such as but not limited to low density or vacant lands
in the urban core, and density of land which is not in conformance, accordance or
compliance with current plans, standards or codes;
• defective or inadequate street layout – including but not limited to dead end streets
and sidewalks, incomplete streets, and lack of street lighting, lack of curb, gutter, or
sidewalks;
• faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but
not limited to large lots which need to be subdivided to be useful, lots that are too small to
be useful, poor drainage and lots with excessive or undeveloped accesses not in
conformance, accordance or compliance with current plans, standards or codes;
• inappropriate land coverage - including but not limited to low density or vacant lands in
the urban core, and land coverage not in conformance, accordance or compliance with
current plans, standards or codes
• unsanitary or unsafe conditions – including but not limited to uncontrolled accesses,
deteriorating improvements, barb wire fencing, inadequate storm drainage and broken
sidewalks;
• deterioration of site – including but not limited to broken or missing curb, gutter, sidewalks,
paving, fencing, irrigation, landscaping, and signage not in conformance, accordance or
compliance with a current plans, standards or codes;
• diversity of ownership – including but not limited to impediments to rehabilitation from
multiple owners of a single property, estate ownership, and impediments to parcel
consolidation for redevelopment due to ownership;
• tax or special assessment delinquency exceeding the fair value of the land
• defective or unusual conditions of title – including but not limited to “no build” restrictions
on remainder parcels;
• improper subdivision or obsolete platting – including but not limited to remainder parcels,
small lots, unsubdivided lots, and lots that are not in conformance, accordance or
compliance with current plans, standards or codes;
• the existence of conditions that endanger life or property by fire or other causes – including
but not limited to buildings or properties that may not meet life safety standards such as
fire sprinklers, fire hydrants and ADA compliance; and
• any combination of the factors described above
Blighted Conditions in the Original North Seventh Avenue Urban Renewal District
The Statement of Blight prepared as a basis for the creation of the North Seventh Urban Renewal
District in 2006 specifically identified the following conditions of blight:
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• The defective or inadequate street layout identified within the study area;
• Instances of known deterioration;
• Three inadequate provisions and/or age obsolescence of the following public
improvements within the study area: storm drain, streets and sidewalks;
• Instances of age obsolescence of buildings within the study area;
• Inappropriate or mixed uses of land or buildings;
• Deterioration of site; and
• Improper subdivision or obsolete platting.
Blighted Conditions in the Expansion Areas
The review of the areas identified for inclusion in the existing North Seventh Avenue Urban
Renewal District revealed that these areas exhibited conditions of blight as defined in the Montana
Urban Renewal Law. Following is a description of some of the blighted conditions that were
identified in each of the areas examined.
1. and 2. Southern Boundary Areas – These areas, located between two existing urban renewal
districts, the North Seventh Avenue and the Downtown Urban Renewal Districts were examined.
The conditions of blight in these two areas are similar to those found inside each of these districts
and their exclusion has resulted in diminished
investment in parcels along this connecting corridor.
More particularly, the areas exhibit a number of
blighted conditions including but are not limited to the
following:
• Age obsolescence of buildings and improvements –
Physically, these areas are suffering from deferred
maintenance and deterioration of both buildings and
empty spaces. Many of the structures in these areas
are older and exhibit signs of deterioration. For
example, the hotel pictured here was recently closed,
is now vacant and building/fire code issues preclude it from re-opening. Alleys are of
particular concern, especially in cases where alleys provide primary access to parking
facilities. Alleys are unpaved and ungraded.
• Inappropriate uses of land – Although adjacent to two key commercial districts, the areas
are characterized by lower density development, which results in lower land values and
less efficient use of public infrastructure and services.
• Unsafe conditions – Parking lots and adjacent alleys, in some cases, have uncontrolled
access. The designs of parking lots, alleyways, and driveways create blighted conditions
that diminish the value of property in the area and present hazards for pedestrians. The
age obsolescence of some structures and aging public infrastructure may also endanger
life or property.
3. The Whittier School Remainder – A portion of the property owned by the School District
was left out of the original urban renewal district. The area is directly adjacent to the Whittier
School and includes the playground and the school parking lot. Conditions of blight in this area
include but are not limited to:
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• Age obsolescence – The facilities on the site
are older and have been identified by the
School District as in need of improvements.
• Defective or inadequate street layout – The
alley adjacent to the school property is
unpaved.
• Unsafe conditions – Deteriorating sidewalks
in this area present hazards to pedestrians
4. East Side Property – This area is located to the east
of the existing urban renewal district and is bounded
on the north by Tamarack Street, on the south by Peach
Street, on the west by 5th Avenue and on the east by 3rd Avenue. The area includes an improved
BMX Park that has seen significant use and public investment in recent years. However, the
overall area of the East Side Property exhibits a number of blighted conditions including but not
limited to the following:
• Inappropriate uses of land – The land is
largely vacant and underutilized. Its value is
diminished by poor access.
• Defective or inadequate street layout – The
area lacks adequate streets, sidewalks, curbs and
gutters.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness – In addition to
poor access, the site has poor drainage.
• Deterioration of site/Unsafe conditions –
The overall area is not maintained and there are
rough areas that present hazardous conditions.
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5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by
Durston Road, on the east by what would be 8th Avenue and
on the west by 11th Avenue, excluding Royal Vista, Royal
Vista Addition, Royal Court and the west end of Birch. It
directly abuts properties that front on the west side of North
7th Avenue. It is largely vacant and lacks adequate
infrastructure and provides no access to areas to the west. In
effect, it forms a barrier between the urban renewal district
and the neighborhoods to the west. This in turn negatively
affects revitalization efforts. Specific blighted conditions
include but are not limited to:
• Inappropriate uses of land – Although adjacent to the
North 7th Avenue corridor, the area is characterized
by lower density development, which results in lower
land values and less efficient use of public
infrastructure and services.
• Defective or inadequate street layout – The area has
no transportation infrastructure – North 8th Avenue
ceases to exist here. There are no sidewalks, curbs or
gutters.
• Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – As noted
above, there is no access to the site and the site exhibits drainage problems.
• The existence of conditions that endanger life – Much of the property is fenced using
barbed wire. There is no safe pedestrian access.
6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter
Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area
hotels, but is largely vacant, and underutilized. Blighted conditions include but are not limited to:
• Inappropriate uses of land – the area is characterized by lower density development,
which results in lower land values and less efficient use of public infrastructure and
services.
• Defective or inadequate street layout – The road infrastructure is limited. Existing roads,
including the minor arterial North 15th
Avenue, “dead end” in several places
resulting in poor access to much of the
site.
• Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness –
The site is characterized by poor
drainage, and no access to adjacent
properties. Sidewalks, curbs and
gutters are generally missing.
• The existence of conditions that
endanger – Much of the property is
fenced using barbed wire. There is no
safe pedestrian access.
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7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north
side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. These lots were recently
annexed into the City of Bozeman.
This area is located between an existing urban renewal district and an existing tax increment
financing industrial district. Its exclusion has made it ineligible to benefit from various urban
renewal and infrastructure programs. Conditions of blight include but are not limited to:
• Age obsolete structures and improvements – Physically, these areas are suffering from
deferred maintenance and deterioration of both buildings and empty spaces. Many of the
structures in these areas are older and exhibit signs of deterioration.
• Inappropriate uses of land – These industrial uses result in lower land values and less
efficient use of public infrastructure and services.
• Defective or inadequate street layout – Street improvements, including but not limited to
paving, curb/gutter and storm drainage facilities for North 7th Avenue, as well as for the
adjacent local streets are needed.
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Additional Findings
In addition to the findings addressed in the Statements of Blight prepared for the original North
Seventh Avenue Urban Renewal District and for the North Seventh Avenue Urban Renewal
District Expansion Areas, the Bozeman Midtown Urban Renewal District also faces other
challenges. While the conditions described below are not specifically listed in the statutory
definition of blight, they do “substantially impair or arrest the sound development of communities,
(and) constitute an economic or social liability”. (7-15-4206 MCA)
Connectivity
The lack of critical transportation infrastructure results in poor multi-modal connectivity to area
neighborhoods, public facilities and other destinations.
Land Use
While the 2006 Urban Renewal Plan notes the importance of residential neighborhoods to the
health and well-being of the entire District, the current development patterns to not support live-
work opportunities. Mixed use development that meets both residential and commercial needs is
generally missing within the Midtown area. The Whittier School is within the District but its
potential to draw new residential development within existing neighborhoods has not been realized.
Pedestrian Infrastructure
The lack of pedestrian oriented transportation infrastructure makes it difficult to encourage live-
work settings, where employees are unable to walk or ride bicycles to their workplace. The current
design of intersections within the district presents obstacles to pedestrians attempting to cross
major thoroughfares.
Broadband Services
Portions of Bozeman and the District lack consistent, reliable area-wide high-speed Internet
services. This puts the Midtown area at a disadvantage when trying to retain and recruit businesses
that are increasingly relying on electronic communication for themselves and their customers as
well as requiring access to “the cloud” for data storage.
Streetscape
The Bozeman Midtown Urban Renewal District lacks a unifying theme. It’s role as a key entryway
into the City has been diminished through the lack of adequate design features including but not
limited to landscaping, lighting, and associated pedestrian amenities.
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Chapter 4. Planning Consistency
Planning Consistency
Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing
body shall submit the urban renewal project plan to the planning commission of the municipality
for review and recommendations as to its conformity with the growth policy and the planning
commission shall submit its written recommendations to the local governing body. An extensive
review is found in Appendix B.
The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area
began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer
& Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It
included studies on transportation, street planning, zoning districts, parks and recreation, schools,
park roads, and sanitation and health.
The City made significant progress in comprehensive planning with the October 2001 adoption of
the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous
comprehensive plans and complied with the new planning standards. The 2020 Plan recognized
the changing nature of the economy and expanding knowledge of community development
standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use
and physical infrastructure planning.
The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman
City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition,
Bozeman has completed many infrastructure and topic plans that have some influence on the area
included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are:
• Design and Connectivity Plan for North Seventh Avenue Corridor.
• Design Objectives Plan for Entryway Corridors.
• Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay.
North Seventh Avenue Urban Renewal District Plan; October, 2006
In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of
Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the
North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban
Renewal Plan with a provision for tax increment financing, to be calculated using a base year of
2006.
The following excerpts and specific statements were included in the 2006 North Seventh Avenue
Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and
describing the land uses and zoning in the area at that time.
“Growth Policy Land Use Designations
The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as
Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N
5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak
Street contains Regional Commercial and Industrial designations.
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Zoning Classifications
The District primarily consists of “B-2 Community business District” zoned parcels. East of
the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and
“M-1 Light Manufacturing” zoned parcels are located on the north end of the study area
Land Area
The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763
acres which comprised the total area of the city of Bozeman in August, 2005.
Land Use
The District primarily includes areas of commercial, residential, agricultural, industrial, and
public uses.
Commercial Activity
The District includes one of the city’s oldest auto oriented commercial strips. Much of the area
was developed more than fifty years ago and much has been developed or will develop largely
due to the influences of transportation features, particularly North Seventh Avenue, Interstate
90 and Oak Street. These transportation corridors shape many of the elements of the District
including platting of land and land use, access, traffic and circulation, and development
patterns
Residential Neighborhoods
Well established and well kept residential neighborhoods adjoin North Seventh Avenue
commercial development on both the east and west. A portion of these neighborhoods is
included in the District to assure that redevelopment of the Corridor includes careful
consideration of the issues associated with these established residential areas.”
Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the
Bozeman Community Plan
To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be
reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman
Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown
Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the
growth policy as required by 7-15-4213 MCA.
Growth Policy Review
The Bozeman Community Plan was reviewed in order to determine whether the growth policy
adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community
Plan has been found to include:
• Goals and Objectives that support the urban renewal, economic development, and
development of infrastructure that encourages urban renewal and economic development
in the community.
• The inclusion of tax increment financing among the strategies to be implemented to achieve
the Bozeman Community Plan’s goals and objectives.
• The identification of land use through maps and/or text of lands.
An overall review of the goals and objectives of the growth policy indicates no conflicts for an
urban renewal project with the growth policy. The following selections from the Bozeman
Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan
to the vision, goals and objectives of the Bozeman Community Plan.
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Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal
and economic stability for the prevention and the elimination of urban blight.
➢ Land Use Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit difference
in scale or design.
➢ Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into
a pattern more supportive of the principles supported by commercial centers.
➢ Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and
support sustainability in new construction and rehabilitation or redevelopment of existing
areas.
➢ Economic Development Objective ED-1.2: Coordinate the provision of infrastructure
necessary to support economic development.
➢ Economic Development Objective ED-1.4: Encourage ongoing improvements in private
infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.
➢ Economic Development Objective ED-1.6: Utilize the City’s economic development and
urban renewal plans to stimulate investment and maintain a health and vibrant economy.
➢ Economic Development Objective ED-1.8: Leverage local, state, and federal economic
development resources to enhance economic growth in Bozeman.
➢ Economic Development Objective ED-2.4: Foster a diverse economy that will protect the
economic climate for existing businesses and maintain opportunities for business expansion.
➢ Economic Development Objective ED-2.9: Create a more collaborative and effective
working partnership between the business community and the City of Bozeman and effectively
manage the City of Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with
Overall Principles and Goals of the Bozeman Community Plan.
➢ In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan
seeks to provide long term economic stability and to use planning and the development of
public infrastructure as tools for well managed growth.
The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal
District Plan are:
Goal #1 Promote Economic Development
Goal #2 Improve Multi-Modal Transportation
Goal #3 Improve, Maintain and Support Innovation in Infrastructure
Goal #4 Promote Unified, Human Scale Urban Design
Goal #5 Support Compatible Urban Density Mixed Land Uses
Growth Policy Implementation
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The following selections from the Bozeman Community Plan demonstrate conformance of the
Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the
growth policy.
Identified implementation tools and strategies, including tax increment financing, which help
to achieve the Bozeman Community Plan’s goals and objectives.
➢ Provides a foundation for programs as well as more detailed plans, such as urban renewal
district plans with tax increment financing programs.
➢ Describes the use of alternative funding mechanisms when distinct beneficiary populations or
interest groups can be identified and more equitably served (such as tax increment financing).
➢ Encourages development within the City of Bozeman.
➢ Encourages infill and redevelopment.
➢ Continues programs which support adaptive reuse and reinvestment.
➢ Encourages commercial and residential development or redevelopment of identified infill areas
through the use of and publicizing of incentives, such as, but not limited to, public
infrastructure funding support
➢ Supports standards for infill development and redevelopment.
➢ Supports the creation and expansion of local businesses.
➢ Maintains and seeks to expand resources available through urban renewal districts.
➢ Increases awareness of existing economic and other benefits of and further develop incentives
for locating and operating within City limits.
➢ Recognizes sustainability as a component of economic development.
Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with
the implementation tools and strategies in the Bozeman Community Plan.
➢ The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law
offered by the State of Montana Code.
➢ The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax
increment financing to assist with redevelopment and revitalization activities, and encourage
the retention and growth of economic development.
➢ The Bozeman Midtown Urban Renewal District Plan supports the development of
infrastructure that encourages urban renewal and economic development in the community.
Growth Policy Future Land Use
The growth policy provides a visual policy statement with the identification of the future land use
pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman
Community Plan.
The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
starting from the north end as Industrial, Regional Commercial and Services, and Community
Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public
Institutions.
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Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal
District to help achieve the Bozeman Community Plan’s goals and objectives.
➢ The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.
➢ The majority of the adjacent neighborhoods have a future land use designation of Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public
Institutions.
➢ Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.
➢ Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning
districts.
➢ Industrial land uses can be implemented by any one of the five industrial type zoning districts.
➢ Residential will be implemented by multiple zoning districts.
➢ Parks, Open Space and Recreational Lands are functions which can occur in any zoning
district.
➢ Public Institutions can be implemented by the PLI zoning district, but is a function that can
occur in any zoning district.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with
the Future Land Use Designations.
➢ The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to retain existing and attract new economic
development.
➢ The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing future land use designations.
Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District
for accordance with the Bozeman Unified Development Code
The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified
Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was
originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769
effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban
Renewal District must be found to be in conformance with the Bozeman Community Plan. On
October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the
Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be
in conformance with the growth policy. An extensive review of the zoning is found in Appendix
B.
The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned
“B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light
Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts
including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O
Residential-Office”.
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In addition to the zoning districts listed above, portions of the Midtown area of Bozeman are also
covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation
Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park
Historic District.
Zoning to help implement the Bozeman Community Plan.
• A purpose of the Bozeman Unified Development Code is to implement the goals and objectives
of the Bozeman Community Plan; the city’s adopted growth policy. • The majority of the land within the core area of the Bozeman Midtown Urban Renewal District
is zoned “B-2 Community Business District” to provide for a broad range of mutually
supportive retail and service functions.
• The land adjacent to the commercial core and south of I-90 within the area of the Bozeman
Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with
zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”,
and “R-O Residential-Office”.
• The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light
Manufacturing”.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning
with Bozeman Community Plan.
• The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman
Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as
described by the Bozeman Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to eliminate blight, and retain existing and attract new
economic development.
• The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing zoning classifications.
Conclusions
1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant
goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban
Renewal District Plan is in conformance with the Bozeman Community Plan.
2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated
against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown
Urban Renewal District is in accordance with the Bozeman Community Plan.
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Chapter 5. Goals and Strategies
Introduction
This chapter presents the goals and strategies for addressing blight within the Bozeman Midtown
Urban Renewal District. They are drawn from public input (public meeting summaries are found
in Appendix A), the Bozeman 2009 Community Plan and other appropriate planning documents,
technical input from the City’s staff, and the Statement of Blight prepared in conjunction with the
expansion of the North Seventh Avenue Urban Renewal District. Public discussion addressed
economic development, sustainability, mixed use higher density development, live-work
opportunities, parking, multi-modal transportation infrastructure, pedestrian safety and access, and
urban design.
As stated above, this Urban Renewal Plan provides a context for activities that will be undertaken
by a variety of public and private entities. It recommends a series of planning and program
initiatives and capital projects that may be undertaken by the local government to encourage
reinvestment in the district, which will in turn address conditions that have diminished the
environmental, economic and cultural well being of the area over time.
The following are the Goals of this Urban Renewal Plan and associated strategies. It should be
noted that revolving loan programs are included as suggested strategies for achieving several of
the goals set forth. The City of Bozeman may choose to create one revolving loan program that
would incorporate all or some of these activities.
Goal #1 Promote Economic Development
Rationale: Economic vitality strengthens the community, provides for physical needs of the
citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to
blight.
Planning Initiatives
✓ Engage in area and issue specific planning efforts to further retention and/or increase in the
number of jobs and economic activity
✓ Prepare marketing plan that includes such things as targeted anchor businesses, marketing
strategies, branding and/or wayfinding
✓ Conduct a readiness study to examine opportunities and determine challenges associated
with targeted anchor business recruitment and retention, including due diligence,
infrastructure deficiencies and land and/or space needs
✓ Examine the potential for the fostering of activity centers including:
o Open Spaces
o Event Venues
o Conference Facilities
o Mixed-Use Developments
✓ Examine the usefulness of potential incentives (such as application or regulatory fee
mitigation, impact fee reimbursement, etc.)
✓ Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects, such as electronic communication infrastructure,
public activity centers, etc.
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✓ Continue the process of updating Bozeman's Unified Development Code to clearly
communicate the community's expectations for development as expressed in the Bozeman
Community Plan, and to generate implementation and design provisions for the Midtown
URD Plan
Program Initiatives
✓ Provide incentives for infill, mixed-use development (commercial and residential) and
density increases to take advantage of economies of scale in providing services, access and
sustainability
✓ Work to increase property values by encouraging private investment
✓ Develop partnerships among property owners, new/expanding businesses and the local
government to increase economic activity
✓ Establish a monetary incentive such as a revolving loan program to bring existing
businesses into compliance with land use codes, design standards and health and safety
regulations
✓ Establish a monetary incentive such as a revolving loan program to assist property owners
in repairing and replacing deteriorating, or in extending existing public infrastructure.
✓ Facilitate land assemblage and property transfer for higher density, targeted anchor
businesses and mixed-use development
✓ Market to businesses that can take advantage of the link to higher education facilities,
including Montana State University and Gallatin College and associated job training
programs including continuing education and distance learning
✓ Market to businesses that can take advantage of locating near the broadband fiber
“backbone”
✓ Establish a monetary incentive such as a matching grant program for work force training
to help expand and retain businesses, such as a partnership with Bozeman Bear
✓ Continue the N7Rehab Construction Grants Program to help property owners improve their
facades and sites, eligible activities include:
o Demolition
o Façade Improvements
o ADA Accessibility Improvements
o Landscaping incorporated into a public space
o Sidewalks
o Improvements which reduce drive accesses in width and/or number
o Improvements to create shared parking arrangements
o Storm water facility improvements
o Improvements in the public right-of-way or within a public access easement:
sidewalk construction or repair, landscaping, ADA sidewalk ramps, tree grates,
installation of District lighting
✓ Continue the N7Rehab Technical Assistance Grants Program for property owners to plan
updates to their sites, including:
o Site Planning and Master Site Planning
o Building condition assessment in conjunction with exterior renovation or reuse
proposals for existing structures
o Engineering and surveying services
o Landscape Design
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o Preliminary Development Review
Capital Projects
✓ Ready properties for redevelopment
✓ Upgrade and expand electronic communication infrastructure including, but not limited to
fiber optics.
✓ Install improvements that support marketing, wayfinding and branding, including, but not
limited to signage, lighting, street furniture and landscaping
✓ Develop public activity centers such as:
o Aspen, east of North 7th Avenue, as a festival street
o The BMX Park
Goal #2 Improve Multi-Modal Transportation
Rationale: Increasing travel options supports public health, reduces resource demand, increases
efficiency and reduces costs, improving the quality of life and making the community a better
place to live and work, helping to eliminate conditions that contribute to blight.
Planning Initiatives
✓ Assemble and evaluate existing studies of multi-modal transportation needs
✓ Engage in a service gap analysis
✓ Study means to facilitate transportation mode shift to expand non-motorized and public
transit travel
✓ Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects.
Program Initiatives
✓ Establish a monetary incentive such as a revolving loan program to assist property owners
in repairing and replacing deteriorating, or in extending existing public infrastructure.
✓ Establish a monetary incentive such as a revolving loan program to enable existing
businesses to provide Federal ADA access to
their establishments.
✓ Establish a monetary incentive such as a cost-
share program for sidewalk construction, repair
and replacement
✓ Partner with the school district and other entities
to support a “Safe Routes to School” program
✓ Develop a program to facilitate transportation
mode shift and to expand non-motorized and
public transit travel (such as “Park and Ride”
programs, ride sharing, bicycle garaging and
sharing)
Capital Projects
✓ Construct improvements to eliminate service gaps
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✓ Partner to improve multi-modal transportation infrastructure and connectivity throughout
the district (such as roads, curbs, gutters and sidewalks)
✓ Construct improvements to facilitate transportation mode shift to expand non-motorized
and public transit travel (such as bikeways, trails, parking facilities, high quality bus stops
and public transit access)
✓ Construct non-vehicular safety improvements such as sidewalks, pedestrian crossings,
high intensity activated cross walk signals and traffic calming features
Goal #3 Improve, Maintain and Support Innovation in Infrastructure
Rationale: Infrastructure is the backbone of the community. Private development typically
requires a corresponding public investment in infrastructure. Therefore, capital improvements in
the district will help achieve economic vitality and address conditions that contribute to blight.
Planning Initiatives
✓ Assemble and evaluate existing studies of infrastructure needs
✓ Engage in a service gap analysis
✓ Continue to examine the opportunities to improve communication infrastructure access
through upgrades and innovation
✓ Examine parking strategies that support higher density, mixed use development
✓ Provide for planning and design assistance for improvements to public facilities within the
district (such as parks, schools and local government buildings)
✓ Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects, such as public parking facilities, communication
infrastructure, streetscape elements, and other public infrastructure
✓ Study the efficacy of a storm water district including the potential use of community storm
water facilities
✓ Support implementation of the Bozeman Fiber Master Plan and Feasibility Study, the
community effort to address the broadband network, the crucial infrastructure necessary
for next generation fiber-optic connectivity
Program Initiatives
✓ Continue the program to improve broadband infrastructure, and facilitate public-private
partnerships in support of improved broadband infrastructure
✓ Continue to support open access fiber optic networks to provide affordable broadband for
the region's business community, public sector and residents, as described by the Bozeman
Fiber Master Plan and Feasibility Study adopted pursuant to Resolution #4576.
✓ Develop a program to facilitate transportation mode shift and to expand non-motorized and
public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and
sharing)
✓ Establish a monetary incentive such as a revolving loan program in support of shared
parking facilities among several businesses
Capital Projects
✓ Construct public parking infrastructure to facilitate transportation mode shift to expand
non-motorized and public transit travel
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✓ Improve overall communication connectivity
✓ Improve public lighting
✓ Leverage state and federal funds for streetscape improvements that include
transportation, safety, landscaping and lighting elements
✓ Improve access and egress controls throughout the district
✓ Enhance public safety through specific infrastructure improvements such as
sanctuary/refuge locations, underpass improvements and high intensity activated cross
walk signals
✓ Support improvements to public facilities within the district (such as parks, schools and
local government buildings, storm water facilities)
✓ Support infrastructure improvements to and expansion of the broadband network for next
generation fiber-optic connectivity
Goal #4 – Promote Unified, Human Scale Urban Design
Rationale: Protecting and building upon existing
physical assets increases vitality, desirability and
leverages economic development, strengthening
community values and mutual support helping to
eliminate the conditions that contribute to blight.
Planning Initiatives
✓ Develop a vision that will guide planning and
design within the urban renewal district, which
supports its role as a key corridor and fosters
greater pedestrian orientation
✓ Design unifying themes for the urban renewal
district that reflect its role as a gateway from I-90, and key corridor and link to downtown
Bozeman and Montana State University, while acknowledging neighborhood
characteristics
✓ Develop planning tools that address urban design elements: imageability, enclosure, human
scale, transparency, complexity, coherence, legibility and linkage
✓ Evaluate land use code requirements to remove obstacles in order to create a more vibrant,
human-scale streetscape and foster economic vitality
✓ Continue to develop planning tools that address streetscapes to
o “Quiet down” streets through parking, traffic calming approaches, and other
elements
o Provide for more public landscaping and art along public rights of way
o Promote private development that provides for significant landscaping
o Incorporate “walkability” in design within the district
o Maintain and enhance signage
▪ Street Signs
▪ Safety Signs
▪ Directional and Way-finding Signs
▪ Neighborhood “branding” signs
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o Incorporate “complete streets” in designing transportation related infrastructure
( bike lanes, boulevards and pedestrian ways, etc.) while maintaining good traffic
flow on main thoroughfares
o Provide unified or neighborhood specific streetscape design elements including
lighting, benches and garbage receptacles, etc.
✓ Study street medians to determine their role and design
✓ Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects, such as streetscape elements, etc.
Program Initiatives
✓ Provide choices to property owners for boulevard plantings, including drought tolerant
plantings for sustainable water use
✓ Establish a monetary incentive such as a revolving loan program to improve “curb appeal”
of existing businesses to address design standards (such as facades, landscaping and
lighting)
✓ Establish a monetary incentive such as a revolving loan program to help transition from a
vehicular focus (such as building orientation, parking facility placement and access points)
✓ Foster public art projects
✓ Establish a monetary incentive such as a matching grant program for the unified or
neighborhood specific streetscape design elements
✓ Establish / continue a streetlight banner signage program in support of the district and
events and activities in the community
✓ Work with residents, property owners and businesses to address litter and vandalism
✓ Partner with area property owners and businesses to establish a public improvements
maintenance program, including, but not limited to the creation of a business or special
improvement district (for such things as sidewalk snow removal, landscaping maintenance,
litter and garbage removal and streetlight banner installations)
Capital Projects
✓ Eliminate blighted conditions at the edges and entryways to the urban renewal district and
its distinct neighborhoods
✓ Improve the North 7th Avenue corridor, both visually and physically
✓ Use signage and infrastructure improvements to enable way-finding and to better brand the
area
✓ Continue the Lighting, Gateway and related Sidewalk Improvements Project - the
installation of new architectural street lights, gateway improvements and related sidewalk
with boulevard improvements along the corridor to enhance pedestrian safety and to make
the neighborhood more pedestrian friendly
✓ Continue the Median and Boulevard Landscaping Project
Goal #5 Support Compatible Urban Density Mixed Land Uses
Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work
opportunities and community interaction, ensures that the North 7th Avenue area remains a great
place to live, work, operate a business, and play, and helps to eliminate conditions that contribute
to blight.
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Planning Initiatives
✓ Assess the need for a variety of housing types, including, but not limited to co-op,
transitional, senior, and special needs
✓ Study opportunities for “live-work” and mixed commercial residential development
✓ Study strategies to expand affordable housing opportunities for all populations
✓ Evaluate land use code requirements (such as building height restrictions, parking
requirements and signage restrictions), to remove obstacles in order to increase density,
support mixed-use development and foster economic vitality
✓ Consider the issuance of tax increment financing bonds, as revenues permit, in support of
Program Initiatives and Capital Projects, such as redevelopment projects, affordable
housing, etc.
Program Initiatives
✓ Promote mixed use or activity centers to take advantage of economies of scale in providing
services, access and sustainability
✓ Promote public-private partnerships to create urban density mixed land use
✓ Provide incentives in the land use code requirements to foster residential development in
the Whittier School attendance area to take advantage of this neighborhood school
✓ Provide incentives in the land use codes requirements to foster upper story residential
development
✓ Establish a monetary incentive such as a revolving loan program in support of rehabilitation
of residential and commercial properties that increases density
✓ Establish a monetary incentive such as a revolving loan program that supports the
rehabilitation of residential and commercial properties that increases the number of housing
units and live-work opportunities
✓ Establish a monetary incentive such as a revolving loan program that supports sustainable
approaches to such things as water use, energy conservation and storm water mitigation
✓ Consider establishing a monetary support program (revolving loan, matching grant, grant)
for the development or acquisition of parks or recreational areas to serve the district; and
to meet park or open space requirements
Capital Projects
✓ Support the development or acquisition of parks or recreational areas to serve the district
✓ Per 7-15-4233, MCA, as opportunities present themselves, improve, clear, or prepare for
redevelopment any real or personal property in the urban renewal area that increases
density, increases employment and/or that expands mixed use opportunities
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Chapter 6. Project Evaluation Criteria
Chapter 7 of this Plan provides a list of potential funding sources, including Tax Increment
Financing (TIF), that can be used in funding urban renewal projects and programs. However,
given the myriad of urban renewal activities that could potentially occur within the Bozeman
Midtown Urban Renewal District, it will be necessary to review each proposed project or program
with respect to the Plan’s guiding principles, initially introduced in Chapter 1, as well as identified
goals and strategies found in Chapter 5.
Guiding Principles
This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this
end the following principles will guide revitalization and redevelopment efforts in the URD.
Readiness – The renewal of the Bozeman Midtown URD will occur in stages, as resources and
opportunities become available. In some cases, specific projects will occur in support of private
investment that would otherwise not occur without a corresponding investment in public
infrastructure. Also, new program initiatives or funding opportunities may present themselves
from time to time, which can help bring certain urban renewal projects forward.
Leveraging – Projects that make use of a variety of public and private resources including state
and federal grants, loans and specialized tax credits, as well as tax increment funds are encouraged.
Design – Midtown serves as a significant entryway into the City of Bozeman. North 7th Avenue,
which is the primary thoroughfare within the district, connects Interstate 90 with Main Street and
Downtown Bozeman, and with Montana State University. While the area is characterized by a mix
of commercial uses, it is also serves to welcome visitors and students to the community. Therefore,
urban renewal projects should be designed to complement this important role. Thoughtful, well-
designed development that enhances the role of Midtown as a key gateway will, in turn, draw
additional investment over time.
Public-Private Partnerships – The successful redevelopment of the Midtown URD will depend on
cooperation between the public and private sectors. As noted above, significant private investment
will likely require associated public financing of municipal and quasi-public improvements, such
as multi-modal transportation facilities, sewer and water improvements, utilities and
communication infrastructure. Funding sources for capital projects will include, but not be limited
to Tax Increment Financing (TIF). Specific projects will be undertaken in accordance with the
Montana Urban Renewal Law, 7-15-42 and 7-15-43, MCA. In addition, the Montana Urban
Renewal Law provides for creation of revolving loan programs, funded by TIF, in support of
projects that may involve non-governmental entities, if provided for in the urban renewal plan. (7-
15-4292 MCA) The City of Bozeman intends to make use of a revolving loan fund in forging
public-private partnerships.
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Criteria Description
Based on these guiding principles, the following twelve criteria will be used in evaluating projects
and programs and in setting priorities, in the context of limited financial resources. These criteria
are listed in no particular order or ranking of importance.
Criteria. Project design and readiness (phasing potential) – Is the project ready to go forward?
For example, are any necessary permits in place? Has due diligence been completed? Does
the project lend itself to phasing or segmentation that enables portions of the project to
stand alone?
Criteria. Leverage ratios of public to private funds invested – Are urban renewal dollars
leveraging private investment? For example, does the installation of public infrastructure
correspond to growth in business and/or residential development? Or what is the percent
of public dollars invested in the infrastructure as compared to private dollars?
Criteria. Health and safety concerns – Does the project address a condition of blight that
endangers the “health, safety….and welfare” of the residents? Does it improve fire and life
safety requirements? Does it reduce emergency response time?
Criteria. Opportunity to take advantage of new initiatives and funding sources – Does the
project or program enable the City to take advantage of a new initiative or funding source
that can be matched or leveraged by urban renewal dollars and/or private investment?
Criteria. Critical infrastructure and/or connectivity needs – Does the project enable better
connectivity within the urban renewal district and/or between the urban renewal district
and the community? For example projects that support improved multi-modal
transportation or better access to the community telecommunications network might be
given greater priority.
Criteria. Opportunity to support mixed-use developments including residential – Does the
project or program provide for mixed-uses, and per Goal #5, increase live-work
opportunities and community interaction?
Criteria. Opportunity to better use land through the development of vacant and/or
underutilized space – Does the project make use of vacant land within the district, thereby
improving connectivity and increasing density of use?
Criteria. Job creation – Does the program or project create new employment opportunities
and/or opportunities for workforce training? Projects which create more jobs per public
funds invested will be more desirable. There may also be opportunities to partner with
businesses, organizations and educational entities to provide vocational and professional
training.
Criteria. Resulting increase in taxable value – Projects that improve the overall property tax
base within the district increase the amount of tax increment dollars available for urban
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renewal activities. Over the long term, improving the tax base can assure continued
economic health within the urban renewal district and the community well into the future.
Criteria. Ability of project to enhance Midtown’s role as a key gateway and link to the
Downtown and Montana State University – Does the project support the role of Midtown
as an important connection from Interstate 90 to Downtown and to the University?
Criteria. Consistency with adopted plans including the Bozeman Midtown Urban Renewal
Plan – Does the project reflect the vision, goals and objectives set forth in the Bozeman
Community Plan and other adopted plans?
Criteria. Sustainability, one-time infusion of funds versus on-going need for funding – Will
the project require on-going support to be sustainable? Are other, longer-term funding
strategies considered in project planning?
How The Criteria are Used
The extent to which these criteria are applied will depend on the specific project or program being
considered. They are intended to provide a decision making framework to set priorities. In most
cases, only some of the criteria would apply for a specific project or program. For instance, some
projects might rank higher with respect to job creation, while others may result in greater private
investment. Public investment in infrastructure to improve connectivity may or may not result in
an increase in taxable value. Through the process of preparing annual work plans, more specificity
may be assigned to some or all of the criteria, based on changing community and district priorities.
Given the wide range of potential activities, the criteria will be particularly effective in evaluating
similar project proposals, such as multiple proposals to install public infrastructure, or in reviewing
applications for grants and loans. The criteria can also be used to develop more specific guidelines
for grant and loan program established under this plan.
The criteria become particularly important as the Urban Renewal Board Economic Development
Staff makes recommendations to the City Commission regarding the funding of projects and
programs during the budget approval process. Demonstrating how each proposed activity meets
the criteria will assist the Commission in evaluating its appropriateness with respect to the goals
and objectives of the urban renewal plan as well as of the community as a whole.
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Chapter 7. Implementation
The Bozeman Midtown Urban Renewal District Plan provides a framework for the rehabilitation
and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the
official policy guide for public action. However, these policies can only be transformed to action
through an effective implementation program. Key to implementation will be sound processes of
administration, financing and program evaluation.
Administration
Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself
exercise its urban renewal project powers, or may, “if the local governing body by resolution
determines such action to be in the public interest, elect to have such powers exercised by the urban
renewal agency created under 7-15-4232 MCA, or a department or other officers of the
municipality as they are authorized to exercise under this part and part 43.”
The City of Bozeman may establish an urban renewal agency under this provision to direct the
projects and programs outlined in the Urban Renewal Plan, as provided by statute. As provided
in the statute, the City Commission would appoint five members to the agency’s board, who would
be responsible for developing and implementing programs. Since 2006, t The City of Bozeman
has chosen to exercise its urban renewal project powers directly, or to assign them to municipal
departments, rather than establish a separate urban renewal agency. The City Commission has
created may create an urban renewal district board to serve in an advisory capacity to the
Commission in planning for, implementing and administering a program of rehabilitation and
revitalization for the District. The board provides opportunities for stakeholders in the District,
including property owners, business owners, residents and school district representatives to
participate in formulating urban renewal projects and programs.
The annual work program and budget, listing the activities and costs of the activities for the coming
fiscal year, as well as the method of financing those activities are prepared by the Director of
Economic Development, the urban renewal board and reviewed and approved by the City
Commission. This program and budget can be amended during the course of the fiscal year in
light of funding and program opportunities and changes. Urban renewal activities undertaken must
be in accordance with Montana State statute. (The specific provisions of 7-15-4233 MCA are
below.) Powers which may be execised by an urban renewal agency or authorized department are
defined by statute.
7-15-4233. Powers which may be exercised by urban renewal agency or authorized department. (1) In the
event the local governing body makes such determination, such body may authorize the urban renewal agency or
department or other officers of the municipality to exercise any of the following urban renewal project powers:
(a) to formulate and coordinate a workable program as specified in 7-15-4209;
(b) to prepare Urban Renewal Plans;
(c) to prepare recommended modifications to an urban renewal project plan;
(d) to undertake and carry out urban renewal projects as required by the local governing body;
(e) to make and execute contracts as specified in 7-15-4251, 7-15-4254, 7-15-4255, and 7-15-4281, with the
exception of contracts for the purchase or sale of real or personal property;
(f) to disseminate blight clearance and urban renewal information;
(g) to exercise the powers prescribed by 7-15-4255, except the power to agree to conditions for federal
financial assistance and imposed pursuant to federal law relating to salaries and wages shall be reserved to the
Formatted Table
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local governing body;
(h) to enter any building or property in any urban renewal area in order to make surveys and appraisals in the
manner specified in 7-15-4257;
(i) to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area;
(j) to insure real or personal property as provided in 7-15-4258;
(k) to effectuate the plans provided for in 7-15-4254;
(l) to prepare plans for the relocation of families displaced from an urban renewal area and to coordinate
public and private agencies in such relocation;
(m) to prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of
buildings and improvements;
(n) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to
prepare for the undertaking of urban renewal projects;
(o) to negotiate for the acquisition of land;
(p) to study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places
and to make recommendations with respect thereto;
(q) to organize, coordinate, and direct the administration of the provisions of this part and part 43;
(r) to perform such duties as the local governing body may direct so as to make the necessary arrangements
for the exercise of the powers and performance of the duties and responsibilities entrusted to the local governing
body.
(2) Any powers granted in this part or part 43 that are not included in subsection (1) as powers of the urban
renewal agency or a department or other officers of a municipality in lieu thereof may only be exercised by the
local governing body or other officers, boards, and commissions as provided under existing law.
Projects and Programs
The City of Bozeman will implement programs and evaluate projects based on the guiding
principles and goals of this Urban Renewal Plan. Given that private development will be necessary
to generate tax increment funds, business development must occur hand in hand with other
community based revitalization activities. The Bozeman Midtown urban renewal program will
make use of a variety of financing in achieving the goals of this plan, including:
Public Investments
• Annual Tax Increment Appropriations – The City of Bozeman may finance smaller public
infrastructure improvements and renewal programs from its annual tax increment receipts
by appropriation. Funds available each year would be determined by the size of the annual
increment and any prior commitments (such as bond debt service requirements and
administrative costs).
• Tax Increment Bonds – The City of Bozeman will issue tax increment financing (TIF)
revenue bonds if necessary, as revenues allow, to finance major capital projects. TIF bonds
will enable the local government to finance projects up-front and then retire the debt
through annual tax increment receipts.
• Other Debt Financing – The City of Bozeman may borrow funds through local, state and
federal loan programs in order to finance public improvements. Annual tax increment
revenues may be used to make principal and interest payments
• Local, State and Federal Funding Mechanisms – There are a number of funding resources
available to communities to undertake planning and capital improvement projects. These
are listed in the funding section below.
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Private Sector Development
In addition to public sector investments, the urban renewal program can assist property and
business owners in specific renewal activities including the following:
• Tax Increment Financing Revolving Loans – In 7-15-4292, MCA, the Montana TIF statute
provides for the establishment of loan programs, whereby TIF funds may be used to support
public and private urban renewal projects in support of the goals of the Urban Renewal
District. As principal and interest payments are made, the funds may be loaned again, even
after the TIF District sunsets. The management of a revolving loan program may be
undertaken directly by the City, or through a contract with another entity.
• Tax Increment Grants – In some cases urban renewal agencies can make grants to private
entities to support projects that are in the community’s best interest, and are in keeping
with the purposes of the Montana Urban Renewal Law, such as historic preservation, public
safety, landscaping and the removal of blight. Examples include:
o Restoration of historic building facades
o Stabilization of structures that have been neglected or abandoned
o Installation of life safety equipment such as sprinkler systems
o Installment of landscaping, lighting and other design features that support a
unifying theme for the District
• Other Assistance – The urban renewal program can assist private sector projects in a variety
of ways, by providing technical assistance and helping property owners access federal,
state and local resources and incentives for development.
Partnership Development
The urban renewal program will rely on cooperative efforts among the local government and the
urban renewal board, district property owners, and economic development organizations to
achieve its goal of fostering revitalization. In many cases, these cooperative partners will work
jointly on market analyses, business recruitment and capital improvements planning. Also, as
noted above, it will be necessary to work with other local, state and federal entities in providing
additional financing and matching funds to undertake projects and programs in the Bozeman
Midtown Urban Renewal District. Potential partnerships can be forged using a variety of programs
and funding mechanisms. A sampling of these is provided in the following section.
Financing
Tax Increment Financing
As noted above, the implementation of the Bozeman Midtown Urban Renewal Plan will include
the use of Tax Increment Financing (TIF). More particularly, costs that may be paid using TIF
dollars are included in 7-15-4288, MCA as follows:
7-15-4288. Costs that may be paid by tax increment financing. The tax increments may be used by the
municipality to pay the following costs of or incurred in connection with an urban renewal project, industrial
infrastructure development project, technology infrastructure development project, or aerospace transportation
and technology infrastructure development project:
(1) land acquisition;
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(2) demolition and removal of structures;
(3) relocation of occupants;
(4) the acquisition, construction, and improvement of infrastructure, industrial infrastructure, technology
infrastructure, or aerospace transportation and technology infrastructure that includes streets, roads, curbs,
gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines,
sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines,
electrical lines, telecommunications lines, rail lines, rail spurs, bridges, spaceports for reusable launch vehicles
with associated runways and launch, recovery, fuel manufacturing, and cargo holding facilities, publicly owned
buildings, and any public improvements authorized by Title 7, chapter 12, parts 41 through 45; Title 7, chapter
13, parts 42 and 43; and Title 7, chapter 14, part 47, and items of personal property to be used in connection with
improvements for which the foregoing costs may be incurred;
(5) costs incurred in connection with the redevelopment activities allowed under 7-15-4233;
(6) acquisition of infrastructure-deficient areas or portions of areas;
(7) administrative costs associated with the management of the urban renewal area, industrial district,
technology district, or aerospace transportation and technology district;
(8) assemblage of land for development or redevelopment by private enterprise or public agencies, including
sale, initial leasing, or retention by the municipality itself at its fair value;
(9) the compilation and analysis of pertinent information required to adequately determine the needs of an
urban renewal project in an urban renewal area, the infrastructure needs of secondary, value-adding industries in
the industrial district, the needs of a technology infrastructure development project in the technology district, or
the needs of an aerospace transportation and technology infrastructure development project in the aerospace
transportation and technology district;
(10) the connection of the urban renewal area, industrial district, technology district, or aerospace
transportation and technology district to existing infrastructure outside the district;
(11) the provision of direct assistance, through industrial infrastructure development projects, technology
infrastructure development projects, or aerospace transportation and technology infrastructure development
projects, to secondary, value-adding industries to assist in meeting their infrastructure and land needs within the
district; and
(12) the acquisition, construction, or improvement of facilities or equipment for reducing, preventing, abating,
or eliminating pollution.
A tax increment program is authorized for 15 years or longer if the tax increment revenue is
pledged to the payment of tax increment bonds. 7-15-4289, MCA provides for the use of tax
increments for bond payments. The tax increment may be pledged to the payment of the principal
of premiums, if any, and interest on bonds, which the municipality may issue for the purpose of
providing funds to pay such costs.
The City of Bozeman will use Tax Increment Financing in the Bozeman Midtown Urban Renewal
District as defined in this Urban Renewal Plan. The base year for the purposes of measuring any
incremental value within the original district boundaries will continue to be 2006, while the base
year for the expanded portions of the district will be 2015.
Per 7-15-4291, MCA, the City of Bozeman may enter into agreements with the other affected
taxing bodies to remit to such taxing bodies any portion of the annual tax increment not currently
required for the payment of the costs listed in 7-15-4288, MCA or pledged to the payment of the
principal of premiums, if any, and interest on bonds.
Other Financing Mechanisms
There are a number of financial assistance programs that can be used in the revitalization of the
Bozeman Midtown Renewal District in addition to Tax Increment Financing. Financing strategies
for addressing urban renewal needs identified in this Plan will likely include combining various
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funding sources. For example, a local special improvement district might be used in combination
with a Montana Board of Investment Intercap loan to match federal or state dollars. The following
is a summary of programs available to fund urban renewal projects:
Transportation Infrastructure
This section describes funds and funding sources that are available to finance urban renewal
transportation related projects. These funding methods, such as local option taxes, improvement
districts and other types of bonds, enable local citizens to participate in funding projects. In general,
however, the ability to use additional property tax levies to fund urban renewal is governed by
Montana Statute under 15-10-402 MCA that limits taxes to 1996 levels.
A. Bridge and Road Mills (Property Taxes)
Montana law provides for cities (7-14-4101, MCA) to manage transportation infrastructure.
Counties are specifically responsible for all the bridges in a county, including those within cities
and towns, except those managed by the Montana Department of Transportation. Municipalities
may establish a road fund under 7-14-4113 MCA.
B. Transportation Improvement Authority
Established under 7-14-1001, MCA, the purpose of a transportation improvement authority is to
blend the interests of local, state, and federal governments with the interests of the general public
and the business community to build, modify, or improve transportation facilities and systems
within its jurisdiction. A county and a municipality within a county may, by joint resolution, create
a transportation improvement authority. The Authority may enter into contracts and accept local,
state, federal and private funds to undertake transportation projects.
C. Transportation Alternatives Program (TA Program), Montana Department of Transportation
The Transportation Alternatives (TA) Program authorized under Section 1122 of the Federal
Highway Administration’s Moving Ahead for Progress program -MAP-21 (23 U.S.C. 213(b),
101(a)(29)), replaces the former Community Transportation Enhancement Program. It provides
approximately $4 million annually to eligible entities including local governments, for activities
defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities,
infrastructure projects for improving non-driver access to public transportation and enhanced
mobility, community improvement activities, and environmental mitigation; recreational trail
program projects; safe routes to school projects; and projects for the planning, design or
construction of boulevards and other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
D. State Fuel Tax
Under 15-70-101, MCA, Montana assesses a tax on gasoline and diesel fuel used for transportation
purposes. Each municipality receives a portion of the total tax funds allocated to cities and Towns
based on:
1) The ratio of the population within each municipality to the total population in all cities and
Towns in the State;
2) The ratio of the street mileage within each municipality to the total street mileage in all
incorporated cities and towns in the State. The street mileage is exclusive of the Interstate,
National Highway, and Primary Systems.
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All fuel tax funds allocated to local governments must be used for the construction, reconstruction,
maintenance, and repair of rural roads or city streets and alleys. Priorities for the use of these
funds are established by the cities receiving them.
Debt Financing – All Types of Projects
Local governments can make use of various kinds of debt financing to fund urban renewal projects.
In addition to Tax Increment Financing Bonds discussed above, these include revenue bonds,
special improvement district bonds and general obligation bonds. Debt financing enables local
governments to finance major infrastructure projects using future revenue from special
assessments, user fees, and other forms of revenue. Under 7-7-4101, MCA, a local government
has power to incur indebtedness by borrowing money, issuing bonds, issuing notes, entering into
leases, entering into lease-purchase agreements, or entering into installment purchase contracts for
the following purposes:
1) acquiring land for and designing and erecting public buildings;
2) acquiring land for and designing and constructing sewers, sewage treatment and disposal
plants, waterworks, reservoirs, reservoir sites, and lighting plants;
3) supplying the municipality with water by contract and the construction or purchase of
canals or ditches and water rights for supplying municipality with water;
4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles;
5) acquiring, opening, or widening any street and improving the street by constructing,
reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to
pay all or any portion of the cost relating to the project;
6) purchasing or leasing fire apparatus, street and other equipment, and personal property,
including without limitation, vehicles, telephone systems, and photocopy and office
equipment, including computer hardware and software;
7) building, purchasing, designing, constructing, and maintaining devices intended to protect
the safety of the public from open ditches carrying irrigation or other water;
8) funding outstanding warrants and maturing bonds; and
9) repaying tax protests lost by the local government or other municipal corporation.
The local government incurs various administrative costs in conjunction with issuing bonds. These
costs include the retention of legal counsel and financial consultants, the establishment of reserve
funds and the preparation of the prospectus and various required documents. These bonds provide
tax-free interest earnings to purchasers and are therefore subject to detailed scrutiny under both
state and federal law. The citations in the Montana Code are listed below, for each type of bond
described.
A. Special Improvement Districts
Under 7-12-4101, and 7-12-4102 MCA, cities and towns can create special improvement districts
for a number of activities including:
• The acquisition, construction or reconstruction of public streets and roads
• The acquisition, construction or reconstruction of sidewalks, culverts, bridges, gutters,
curbs, steps and parks including the planting of trees
• The construction or reconstruction of sewers, ditches, drains, conduits, and channels for
sanitary or drainage purposes, with outlets, cesspools, manholes, catch basins, flush tanks,
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septic tanks, connecting sewers, ditches, drains, conduits, channels, and other
appurtenances
• The construction of sewer and water systems including fire hydrants
• The acquisition and improvement of land to be designated as public park or open-space
land
• The conversion of overhead utilities to underground locations in accordance with 69-4-311
through 69-4-314, MCA
• The purchase, installation, maintenance, and management of alternative energy production
facilities
B. Business Improvement District
Business Improvement Districts (BIDs) are authorized under 7-12-1101 et. seq MCA. This
provision of the law allows the local governing body to assess properties, upon the request of
property owners within a district to fund the following activities:
• provide special police, maintenance, or cleaning personnel for the protection and
enjoyment of the general public using the business district
• landscape and beautify public areas and to maintain those areas
• contract with the governing body to maintain, operate, or repair public parking facilities
• contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels,
landscaping, and other public facilities as mutually agreed upon
• promote private investment and business expansion in the district
• provide for the management and administration of the affairs of the district
• promote business activity by advertising, decorating, marketing, and promoting and
managing events and other actions designed for the general promotion of business activities
in the district
• perform such other functions as are necessary to carry out the purposes of this part and to
further the objectives of the district.
C. General Obligation Bonds
General obligation bonds are backed by the full faith and credit of the local government and must
be approved by the voters in an election. General obligation bonds are generally payable from ad
valorem taxes (based on the value of property) and expressed in mills. General obligation bonds
are attractive to bond buyers because they have voter approval and are not as vulnerable to
fluctuations in revenue. Municipalities are assigned a bond debt limit based on a percentage of
taxable valuation. General obligation bonds must fall within this limit.
D. Municipal Revenue Bonds
Under 7-7-4401, MCA, a municipality may issue revenue bonds to finance any project or activity
authorized
NOTE: Pursuant to 7-15-4218, MCA, voter approval of urban renewal plan required when general
obligation bonds to be used. If the plan or any subsequent modification thereof involves financing
by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302(1) or
the financing of water or sewer improvements by the issuance of revenue bonds under the
provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan
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and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality,
in accordance with the provisions governing municipal general obligation bonds under chapter 7,
part 42, at the same election and shall be approved by a majority of those qualified electors voting
on such question.
Railroad Crossing Related Programs
A. Federal Surface Transportation Program - Rail/Highway Crossing Protective Devices
Program
The purpose of the Federal Rail/Highway Crossing – Protective Devices Program is to identify
high hazard rail crossing sites and install new rail crossing signals. MDT's Rail - Highway Safety
manager is responsible for surveying, identifying and prioritizing those railroad crossings that
require new protective devices or upgrading of existing devices. The funds are distributed on a
statewide basis determined by a priority list ranked by a hazard index. The Federal/State ratio is
90% Federal and 10% State.
B. Federal Surface Transportation Program - Rail/Highway Crossing Elimination of Hazard
Program
The purpose of the Federal Rail/Highway Crossing – Elimination of Hazard Program is to identify
high hazard rail crossing sites and construct new rail/highway grade crossings. The program also
uses funds to rehabilitate existing grade separations. Grade separation projects are funded with
90% Federal funds and 10% State funds. Since funding for this program is limited, funds are often
used in combination with other Federal funding sources to fund costly grade separation projects.
Eligible expenditures include the separation or protection at grade crossings, reconstruction of
existing crossings and relocation of highways to eliminate crossings. Projects for this program are
selected by identifying those sites where only a grade separation will eliminate an identified hazard
or where an existing grade separation exists but needs rehabilitation or replacement.
Funding for Public Improvements (Sewer, Water, Roads, Community Facilities, Parks)
A. Treasure State Endowment Program ~ Montana Department of Commerce
The Montana Treasure State Endowment Program (TSEP) is a state-funded program, authorized
under 90-6-701 through 710, MCA, and is administered by the Montana Department of Commerce
(MDOC). It is designed to assist local governments in financing capital improvements to sewer
and water facilities. Funds are derived from the Montana coal severance tax and made available to
local governments as matching grants, loans and grant/loan combinations. TSEP also provides
matching grants of up to $15,000 to local governments for preliminary engineering study costs.
TSEP funds may not be used for annual operation and maintenance; the purchase of non-
permanent furnishings; or for refinancing existing debt, except when required in conjunction with
the financing of a new TSEP project. Grant requests cannot exceed $500,000 and the local
government must typically provide a dollar for dollar match that can include other grant funds.
Matching funds can be public or private funds provided by a TSEP applicant to directly support
the cost of eligible project activities. There are a number of ways in which local governments can
provide matching funds for bridge projects. Eligible types of matching funds include:
• local general funds or other cash;
• proceeds from the sale of general obligation, revenue, special assessment or other bonds;
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• entitlement or formula-based federal or state funds such as federal highway funds or
payments in lieu of taxes;
• loan or grant funds from a state or federal program (including TSEP loans);
• funds expended for engineering studies, reports, and plans, or other reasonable expenses
expended for the preparation of the application, directly related to the project during the
period 24 months prior to the TSEP application deadline;
• funds expended after the TSEP application deadline, but before being approved by the
Legislature, for project management, final engineering design, and other reasonable
expenses necessary to prepare the project as in the TSEP application for the construction
phase;
• the value of land or materials provided by the applicant, if appraised within a two-year
period preceding the application deadline. The appraisal must be:
• an impartially written statement that adequately describes the land or materials, and states
an opinion of defined value as of a specific date;
• supported by an analysis of relevant market information; and
• prepared by a qualified appraiser independent from the applicant.
• the value of labor performed by the applicant’s employees on the project, after the TSEP
project has been approved for funding and a TSEP contract has been signed, as long as the
employee is paid at his or her standard hourly rate of pay and the time worked is adequately
documented; and
• the value of machinery used in the process of constructing the project that is owned (or
leased) and operated by the applicant. The value of the use of the machinery will be
determined using the Federal Emergency Management Agency (FEMA) equipment rate
schedules.
B. The Montana Intercap Program ~ Montana Board of Investments
The INTERCAP Program is a low cost, variable-rate program that lends money to Montana local
governments, state agencies and the university system for the purpose of financing or refinancing
the acquisition and installation of equipment or personal and real property and infrastructure
improvements. The Board of Investments issues tax-exempt bonds and loans the proceeds to
eligible borrowers. In addition to long-term financing, INTERCAP is an excellent source for
interim financing.
Funding is always available with no specific cycle. Allocations of $200,000 and under are
considered and approved by the Board of Investments staff. Allocations in excess of $200,000 are
considered and approved by the Board. Funds are released on an on-going basis as the project is
completed. The program provides loans at a variable rate plus a one percent loan origination fee
on loans over one year and for a term of 5 or 10 years depending on the borrower's legal authority.
Short-term loans of less than a year are also available. Interest and principal payments are due bi-
annually (February 15 and August 15 of each year). Loans may be pre-paid without penalty with
30 days notice. Types of financing include installment purchase loans, general fund loans, general
obligation bonds, revenue bonds and special improvement district and rural improvement district
bonds. Gas tax revenues may not be used to service debt. Projects that will use rural improvement
district payments to cover the annual debt are limited to a total loan of $300,000. Intercap funds
may be used in association with other grant and loan programs as well as local sources.
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C. Community Development Block Grant (CDBG
The Community Development Block Grant (CDBG) Program is a federally funded grant program
that provides assistance to communities with community development needs such as housing,
public facilities, economic development and planning grants. All projects must be designed to
principally benefit low and moderate-income families. The program was established by the Federal
Housing and Community Development Act of 1974 (42 USC 5301) and is administered nationally
by the U.S. Department of Housing and Urban Development (HUD). The Legislature authorized
the Montana Department of Commerce (MDOC) to administer the program beginning in 1982.
Eligible activities include planning, public facilities construction, housing and neighborhood
renewal and economic development.
D. Public Works Program ~ Economic Development Administration
The Economic Development Administration (EDA) is an agency within the U.S. Department of
Commerce. The purpose of the Public Works Program is to assist communities with the funding
of public works and development facilities that contribute to the creation or retention of private
sector jobs and to the alleviation of unemployment and underemployment. Such assistance is
designed to help communities achieve lasting improvement by stabilizing and diversifying local
economies, and improving local living conditions and the economic environment of the area.
Grants are awarded up to a participation level of 80 percent but the average EDA grant covers
approximately 50 percent of project costs. Acceptable sources of match include cash, local general
obligation or revenue bonds; Community Development Block Grants, TSEP grants and loans,
entitlement funds, Rural Development loans; and other public and private financing, including
donations.
Projects must result in private sector job and business development in order to be considered for
funding. Eligible applicants under this program include any state, or political subdivision thereof,
Indian tribe (and other U.S. political entities), private or public nonprofit organization or
association representing any redevelopment area if the project is within an EDA-designated
redevelopment area. Redevelopment areas, other than those designated under the Public Works
Impact Program must have a current EDA-approved Overall Economic Development Program
(OEDP) in place.
E. Water, Wastewater and Solid Waste Action Coordinating Team
In 1982, a group of professionals from state, federal, and non-profit organizations that finance,
regulate, or provide technical assistance for community water and wastewater systems, decided to
start meeting in order to coordinate and enhance their efforts. This group calls itself the "Water,
Wastewater and Solid Waste Action Coordinating Team" or W2ASACT for short. W2ASACT
meets several times a year to find ways to improve our state's environmental infrastructure. All of
the programs represented in W2ASACT have different missions and meet unique needs. However,
it has been the common elements shared by the funding programs that have been the driving force
of W2ASACT. These programs provide money (grants or loans), take applications from
communities to fund their projects, and administer those monies once the project is funded. While
W2ASACT cannot change all of the state or federal requirements, it can identify unnecessary
duplication of requirements that make compliance difficult for communities.
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Voluntary Programs
In some cases, homeowner associations, business groups or other property owners may finance
urban renewal projects voluntary basis.
Bozeman Midtown Urban Renewal Program Evaluation and Plan Amendments
This Urban Renewal Plan will be evaluated on a yearly basis in conjunction with the preparation
of the annual report. Measures that may be used in evaluating program success include:
➢ Increases in the property tax base
➢ Creation of jobs within the Bozeman Midtown Urban Renewal District
➢ Elimination of blighted conditions
The plan provides flexibility to accommodate a variety of approaches. However, changes over
time may necessitate more formal amendments to the Urban Renewal Plan. The Urban Renewal
Plan may be modified by ordinance under 7-15-4221 MCA.
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Appendix A. Public Meetings Summaries
North Seventh Urban Renewal Board Meeting
August 6, 2015
Summary Notes on Midtown Expansion Statement of Blight
Attendees:
Board Members
Andrew Cetraro
Susan Fraser
Tracy Menuez
Austin Rector
Carl Solvie
Carson Taylor
Board Members Absent
Scott Hedglin
Kevin Cook
Bill Fogarty
Esther Schwier
Staff
David Fine
Allyson Brekke
Tom Rogers
Brit Fontenot
Consultants
Lanette Windemaker
Public Attendees
Steve Johnson, School Superintendent
This is the Statement of Blight on the 7 areas that we were directed to review. It will be going to
the City Commission on August 24 as an attachment to the Resolution of Necessity. Our review
of the areas for possible expansion documents the conditions in these areas, generally finding
them to be eligible for inclusion in the District, for reasons which include.
• The presence of obsolete buildings and aging public infrastructure • Deteriorating or lack of sidewalks creating unsafe conditions for pedestrians
• Dead-end, incomplete or unconnected streets
• Vacant, neglected empty spaces within the urban core of Bozeman
• Faulty lot layout, characterized by poor drainage and/or excessive or undeveloped access
Andrew – we need to be sure that the focus continues to be N7th and existing businesses, and
doesn’t shift to the grass (open undeveloped) areas.
Carl – we should be able to promote development as well as focus on redevelopment
Andrew – Convention center is probably not a focus.
Carl – agrees with the N7th focus.
Carson – Murdoch’s is an obvious addition because it is on N7th, and 1 and 2 at the south end as
well. They allow a continuation of Main Street to N7th.
Lanette – there will be in the new plan a chapter that addresses criteria for ranking, and given the
original premise for this URD, redevelopment along N7th will probably always ranking higher
that new development of the grass areas.
Dave – will the school board support the inclusion of the rest of Whittier.
Steve Johnson – agrees with the premise on Murdoch’s, but of other areas are going to develop
anyway, why not let the school district benefit from the taxes. Would like the URD board to
consider supporting enhancement to Whittier.
Dave – I see support Whittier as incentivizing residential in the area.
Lanette – Based on previous input support for Whittier will be included in the plan.
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It was the Unanimous Recommendation of the Board to Support the 7 Areas of Expansion.
Summary Notes
North Seventh Urban Renewal Board Meeting on
North Seventh Avenue (Midtown) Urban Renewal Plan/District Expansion
July 14th, 2015
Attendees:
Board Members
Scott Hedglin, Chair – voting
Andrew Cetraro – voting
Kevin Cook
Carl Solvie – voting
Austin Rector
Carson Taylor – City Commission Liason
Susan Fraser – voting
Esther Schwier
Absent: Bill Fogerty - voting
Staff
David Fine
Allyson Brekke
Tom Rogers
Brit Fontenot
Consultants
Janet Cornish
Lanette Windemaker
Tony Becken-Gaddo, Dowl – Easement
Acquisition on North 7th
Public Attendees
Gary Lusin, School Board Trustee
Rob Watson, School Superintendent
Cyndy Andrus, City Commission
Eric Garberg, Planning Board Chair
Kyle Scarr, TD&H
Input on Expansion:
Include all areas as previously decided, plus the remainder of the Whittier School property and
the area just north of Murdock’s (pending annexation).
Input on Urban Renewal Plan:
✓ Increase the tools available for urban renewal activities including:
• Public-Private Partnerships
• Revolving Loan Programs
• Fee mitigation
• Grants (augment existing grant program)
• Relaxation of sign ordinance (perhaps as an incentive tool)
• Impact fee reimbursement
• Other investment incentives such as writing down the cost of land to facilitate major
projects in the district
✓ Expand trail system north of I-90
✓ Improve safety for students through the Safe Routes to School Program
• Whittier School
• Bozeman High School
✓ Develop open space and event areas
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• Aspen as a “festival street” and public anchor
• The BMX area (if included in the District)
✓ Improve area infrastructure
• Enhance intersections
• Connect infrastructure in and out of the district
• Improve water, sewer and transportation infrastructure
• Reconstruct streets
• Create 8th Avenue where it is missing as an important secondary access
• Improve broadband services to and within the district
✓ Engage in urban renewal activities as provided for in statute; e.g. “to improve, clear, or
prepare for redevelopment any real or personal property in an urban renewal area” (7-15-
4233 MCA)
✓ Promote/Market Midtown
• Branding programs including those that tie “Midtown” to MSU
• Gateway development
• Marketing and outreach plans
✓ Promote mixed-uses and higher density development, such as upper story residential
development
• Stimulate critical residential mass to help support commercial development
✓ Coordinate mixed use development with better pedestrian access
✓ Develop a variety of housing types in the urban renewal area
• Co-op
• Transitional
• Senior/Special Needs
• Income diverse
✓ Provide for “live-work” opportunities in the district (targeting millennials as well as other
groups who want to live and work in close proximity.)
✓ Install way-finding signage
• Within the district
• On I-90
• Use the “Midtown” brand in the signage (early on to establish the name in association
with the district)
✓ Address design and zoning issues in the district
• Provide choices to property owners for boulevard plantings, including drought
tolerant plantings for sustainable water use
• Address the medians – Should the medians be removed to make the area more like a
CBD or should they be kept and enhanced, perhaps as gateway features?
• Raise the building height restrictions to promote more multi-story buildings
• Use design elements to link Midtown to Downtown
• Install “traffic calming” art work
• Develop a specific “vision” of the urban renewal district’s character – more like
downtown?
o Greater pedestrian orientation
o Less of a vehicular pass through
• Relax parking requirements
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• Relax signage restrictions
✓ Undertake Economic Development Planning that considers
• A Convention/Conference Center
• High-Tech companies (“groupings”)
• Facilitation of “big deals”, through land acquisition, consolidation and roadblock
reduction
✓ Discourage business enterprises that create blighted conditions in the district through:
• Zoning • Parking requirements
• Design standards
✓ Provide an opportunity for a representative of the Bozeman School District to sit on the
urban renewal board
✓ Stimulate residential development in the Whittier School attendance area to take
advantage of this neighborhood school
✓ Help make improvements to obsolete facilities at the Whittier School
• Planning and design assistance
• Capital projects
✓ Provide for public parking
• Parking structure
• Shared parking programs
✓ Support multi-modal transportation
• Develop bus stops in the district
• Improve pedestrian safety at crossings and throughout the district
✓ Foster sustainable approaches to:
• Water use
• Energy use – provide incentives for projects that use alternative energy
• Storm water mitigation (preferably not using developable land)
✓ Work with Gallatin College to develop partnerships in higher education for
• Continuing education
• Distance learning
✓ Address ongoing maintenance needs including snow removal using various funding
mechanisms (TIF, BID)
✓ Participate in environmental mitigation/remediation efforts
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Appendix B. Planning Consistency Review
Planning Consistency
Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing
body shall submit the urban renewal project plan to the planning commission of the municipality
for review and recommendations as to its conformity with the growth policy and the planning
commission shall submit its written recommendations to the local governing body.
The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area
began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer
& Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It
included studies on transportation, street planning, zoning districts, parks and recreation, schools,
park roads, and sanitation and health.
The City made significant progress in comprehensive planning with the October 2001 adoption of
the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous
comprehensive plans and complied with the new planning standards. The 2020 Plan recognized
the changing nature of the economy and expanding knowledge of community development
standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use
and physical infrastructure planning.
The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman
City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition,
Bozeman has completed many infrastructure and topic plans that have some influence on the area
included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are:
• Design and Connectivity Plan for North Seventh Avenue Corridor.
• Design Objectives Plan for Entryway Corridors.
• Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay.
North Seventh Avenue Urban Renewal District Plan; October, 2006
In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of
Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the
North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban
Renewal Plan with a provision for tax increment financing, to be calculated using a base year of
2006.
The following excerpts and specific statements were included in the 2006 North Seventh Avenue
Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and
describing the land uses and zoning in the area at that time.
“Growth Policy Land Use Designations
The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as
Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N
5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak
Street contains Regional Commercial and Industrial designations.
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Zoning Classifications
The District primarily consists of “B-2 Community business District” zoned parcels. East of
the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and
“M-1 Light Manufacturing” zoned parcels are located on the north end of the study area
Land Area
The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763
acres which comprised the total area of the city of Bozeman in August, 2005.
Land Use
The District primarily includes areas of commercial, residential, agricultural, industrial, and
public uses.
Commercial Activity
The District includes one of the city’s oldest auto oriented commercial strips. Much of the area
was developed more than fifty years ago and much has been developed or will develop largely
due to the influences of transportation features, particularly North Seventh Avenue, Interstate
90 and Oak Street. These transportation corridors shape many of the elements of the District
including platting of land and land use, access, traffic and circulation, and development
patterns
Residential Neighborhoods
Well established and well kept residential neighborhoods adjoin North Seventh Avenue
commercial development on both the east and west. A portion of these neighborhoods is
included in the District to assure that redevelopment of the Corridor includes careful
consideration of the issues associated with these established residential areas.”
Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the
Bozeman Community Plan
To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be
reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman
Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown
Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the
growth policy as required by 7-15-4213 MCA.
Growth Policy Review
The Bozeman Community Plan was reviewed in order to determine whether the growth policy
adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community
Plan has been found to include:
• Goals and Objectives that support the urban renewal, economic development, and
development of infrastructure that encourages urban renewal and economic development
in the community.
• The inclusion of tax increment financing among the strategies to be implemented to achieve
the Bozeman Community Plan’s goals and objectives.
• The identification of land use through maps and/or text of lands.
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An overall review of the goals and objectives of the growth policy indicates no conflicts for an
urban renewal project with the growth policy. The following selections from the Bozeman
Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan
to the vision, goals and objectives of the Bozeman Community Plan.
1-2 Vision Statement (Page 1-2)
➢ Bozeman’s unique identity, characterized by its natural surroundings, its historic and
cultural resources, and its downtown, which is the heart and center of the community, is
preserved and enhanced.
➢ Bozeman’s economy is strong, diverse and sustainable.
➢ Our natural resources are protected and preserved for future generations.
➢ A diversity of recreational facilities, activities, and parks are provided.
➢ Public services and infrastructure support our growing population in a cost-effective
manner.
➢ The community development pattern is sustainable, and preserves our health, safety, and
quality of life.
➢ The housing stock provides quality, affordability, and choice.
➢ Our development pattern encourages and enables the use of diverse modes of transportation.
➢ Our quality of life is enhanced by the arts.
➢ Our governmental agencies, including the City of Bozeman and Gallatin County, work
together in a cooperative and coordinated way for the good of the region.
➢ An actively engaged citizenry has a wide array of opportunities to participate in civic life.
➢ Our community recognizes that the individual and collective choices we make have
consequences.
1.3 Addressing Growth & Change Goals and Objectives
Goal G-1: Growth Management - Promote the unique history and character of Bozeman by
preserving, protecting, and enhancing the overall quality of life within the planning area.
(Page 1-3)
Rationale: To ensure that Bozeman remains a great place to live, work, operate a business,
and play we need to protect the qualities that make people and companies want to be here in
the first place.
• Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open
manner that maintains Bozeman as a functional, pleasing, and social community.
• Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are
available and/or financially guaranteed in accordance with facility or strategic plans prior
to, or concurrent with, development.
• Objective G-1.3: Require development to mitigate its impacts on our community as
identified and supported by evidence during development review, including economic,
health, environmental, and social impacts.
• Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with consideration
for climate change, health and safety, food production, housing, employment opportunities,
natural hazard mitigation, and natural resource conservation.
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Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation
actions undertaken by the City to achieve the goals and objectives of this plan are effective,
fair, and are reviewed for consistency with this plan on a regular basis. (Pages 1-3 and 1-4)
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public
and private basic services and facilities in close proximity to where people live and work, and
minimizes sprawl. (Page 3-6)
Rationale: A sense of community is strengthened by distinctive areas which facilitate
neighborhood identity. This is strengthened when essential services are available and
encourage informal interactions. Full featured neighborhoods allow extensive interaction and
build identity with a specific part of the community. A sense of place does not prohibit change
or continued evolution of the community.
• Objective LU-1.1: The land use map and attendant policies shall be the official guide for
the development of the City and shall be implemented through zoning regulations, capital
improvements, subdivision regulations, coordination with other governmental entities, and
other implementation strategies.
• Objective LU-1.2: Review and revise regulatory standards and City policies to ensure that
develop advances the vision, goals, and objectives of this plan, and sprawl, as defined in
Appendix K (of the Community Plan), is discouraged.
• Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and
community.
• Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale
or design.
Goal LU-2: Designate centers for commercial development rather than corridors to
encourage cohesive neighborhood development in conjunction with non-motorized
transportation options. (Page 3-7)
Rationale: Transportation and land use are closely connected. A center based development
pattern is more land and resource efficient and supports the goals of community and
neighborhood development and sustainability. Future growth will cause additional demand for
and use of transportation facilities. A center based development pattern can reduce future
demand.
• Objective LU-2.1: Locate high density community scale service centers on a one mile
radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient
use of transportation and public services in providing employment, residential, and other
essential uses.
• Objective LU-2.2: Provide for a limited number of carefully sited regional service centers
which are appropriately sized and serviced by adequate infrastructure.
• Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed
uses, of brownfields and underutilized property within the City consistent with the City’s
adopted standards. Using this approach rehabilitate corridor based commercial uses into a
pattern more supportive of the principles supported by commercial centers.
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Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character,
economic resource, and historical connection represented by this area. (Page 3-7)
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review
of individual and cumulative environmental and aesthetic effects of development to preserve
the viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s
character. Design and development in a quantifiably sustainable manner are desirable.
(Pages 3-8 and 3-9)
Rationale: The natural environment is a key aspect of Bozeman’s appeal. Accidental or
deliberate injury to the natural environment can be very costly to repair and can have
substantial impacts on City functions. Individual actions can cause incremental change which
is unacceptable. Human use of resources will cause impacts. Development within the City can
provide significant protection for valued natural resources within the larger community of
Gallatin County.
• Objective LU-4.1: Protect important wildlife habitats, and natural areas which provide for
beneficial functions, such as floodplains.
• Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and within
Bozeman to preserve the natural character and mountain setting which helps to make
Bozeman unique.
• Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods.
Each neighborhood should have a clear focal point, such as a park, school, other open space
or community facility, and shall be designed to promote pedestrian convenience. To this
end, the City shall encourage the use of historic Bozeman neighborhoods, including a
significantly interconnected street system, as models for the planning and design of new
residential neighborhoods.
• Objective LU-4.4: Review and revise the City’s regulations to encourage and support
sustainability in new construction and rehabilitation or redevelopment of existing areas.
• Objective LU-4.5: Generation of renewable energy including solar and wind power as an
accessory use is encouraged with proper design and compatibility to adjacent uses.
• Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity,
including streets, alleys, driveways, and parking areas that contain multimodal facilities
and a high level of connectivity to adjacent development. Shared use, underground, or other
structured parking is recommended to reduce surface parking area.
• Objective LU-4.7: Stormwater systems should be designed using Low Impact
Development principles.
• Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and
natural resources and protect water supply quantity and quality.
• Objective LU-4.9: Recognize the cumulative effects of changes in land use and develop
equitable means to evaluate, avoid, and/or respond to negative cumulative impacts.
Recognize the value of well designed and implemented urban development in minimizing
impacts from existing and future development.
• Objective LU-4.10: Encourage development throughout Gallatin County to occur within
existing municipalities and support the local ability to address and manage change and
growth.
4.3 Community Quality Goals and Objectives
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Goal C-1: Human Scale and Compatibility — Create a community composed of
neighborhoods designed for the human scale and compatibility in which the streets and
buildings are properly sized within their context, services and amenities are convenient,
visually pleasing, and properly integrated. (Page 4-3)
Rationale: A community’s physical form, rather than its land uses, is its most enduring
characteristic. We should design places for people as the primary user. Good design looks good
and feels good. The spatial relationships in our environment in large part determine our
experience of the place. Scale and context should be the beginning point of any discussion of
community quality.
• Objective C-1.1: - Expand design review programs citywide to ensure well designed
spaces throughout the community.
• Objective C-1.2: - Update design objectives to include guidelines for urban spaces and
more dense development.
• Objective C-1.3: Support compatible infill within the existing area of the City rather than
developing land requiring expansion of the City’s area.
• Objective C-1.4: Achieve an environment through urban design that maintains and
enhances the City’s visual qualities within neighborhood, community and regional
commercial areas.
Goal C-2: Community Circulation — Create a circulation system both vehicular and
pedestrian that is fully connected, integrated, and designed for ease of use. (Page 4-4)
Rationale: Street and roadway layouts have an impact on the community far beyond their costs
of construction; they create the mental image one is left with after visiting a place. Options for
travel by modes other than in an automobile can increase the physical health of the community
and fight the current obesity epidemic. Moving about the community through multiple modes
of transportation should be safe, pleasant, easy, and available to all. Instead of a project-by-
project struggle to accommodate bicycle- and pedestrian-friendly practices, complete streets
policies require road construction and improvement projects to begin by evaluating how the
right-of-way serves those who use it.
• Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site
plans and provide connectivity between developments and major destinations for both the
pedestrians and vehicles, including human powered vehicles.
• Objective C-2.2: Develop standards for complete streets that will apply to City streets and
to private drive aisles.
• Objective C-2.3.: Investigate the expansion of shared use pathways within the City.
• Objective C-2.3.: Require alleys in all new development both commercial and residential
where feasible.
• Objective C-2.4: Support Community Transit. Work with the Streamline Transit agency
to include transit stops, shelters, seating, lighting or areas improved for future transit stops
within development projects where appropriate.
• Objective C-2.5: Explore and encourage innovative parking solutions for both residential
and commercial projects including parking best practices, expanded parking districts, cash
in lieu of parking, and design guidelines for structured parking.
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Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain
a variety of housing types and densities, contain parks and other public spaces, have a
commercial center and defined boundaries. (Page 4-5)
Rationale: Good neighborhoods allow choices in housing, recreation, modes of transportation,
options for commerce, work, and entertainment while providing a healthy environment and a
sense of place and identity that residents can call home.
• Objective C-3.1: Encourage the preservation and continuing operation of existing
neighborhood schools.
• Objective C-3.2: Provide for neighborhood focal points to encourage local identity within
the community and provide a place for social interaction.
• Objective C-3.3: Establish minimum residential densities in new and redeveloping
residential areas.
• Objective C-3.4: Create neighborhood Commercial Centers that will provide uses to meet
consumer demands from surrounding Residential Districts for everyday goods and services,
and will be a pedestrian oriented place that serves as a focal point for the surrounding
neighborhoods.
• Objective C-3.5: Integrate a wide variety of open lands, such as parks, trails, squares,
greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor
spaces into neighborhoods.
• Objective C-3.6 Ensure that health (as defined in Appendix K (of the Community Plan))
issues within the scope of the City of Bozeman’s responsibility are included in the City’s
regulations, policies, and practices.
Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear direction in
design and review of residential and non-residential neighborhoods without unduly
constraining architectural style and innovation. (Page 4-6)
Rationale: Design Guidelines allow the community an opportunity to communicate with
developers and those who wish to build here. The guidelines are a way to convey to the
development community who we are and where we as a community would like to go. The
guidelines can be read as a list of values.
• Objective C-4.1: Continue to develop the design guidelines for site planning and buildings
to emphasize creativity, diversity, and individuality. The design guidelines shall be based
on the premise that truly creative design is responsive to its context and contributes to a
comfortable, interesting community.
• Objective C-4.2: All new residential buildings should be designed to emphasize the
visually interesting features of the building, as seen from the public street and sidewalk.
The visual impact of garage doors, driveways, and other off-street parking will be
minimized and mitigated.
• Objective C-4.3: Ensure the development of new residential structures that are
aesthetically pleasing through urban design.
• Objective C-4.4: Provide for the protection of character and the enhancement of services
in existing residential neighborhoods.
• Objective C-4.5: Investigate expanding form based zoning as a design review strategy for
the City.
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Goal C-5: Public Landscaping and Architecture— Enhance the urban appearance and
environment through the use of architectural excellence, landscaping, trees and open space.
(Page 4-7)
Rationale: The benefits of a well developed landscape are myriad: beautification of the
environment, animal habitat, reduction of the heat island effect, stormwater control, and
opportunities for recreation and human interaction.
• Objective C-5.1: Provide street trees in all public rights of way to establish a human scale
to transportation corridors.
• Objective C-5.2: Encourage inclusion of plazas and other urban design features as public
areas within developments.
• Objective C-5.3: Continue to develop the design guidelines to encourage innovative
landscaping including urban hardscapes, public art, plazas, roof gardens, green walls, and
other features to emphasize the urban qualities of individual projects. • Objective C-5.4: Continue to develop the design guidelines to provide direction to
naturalizing stormwater systems and integrating them into the landscape as an amenity.
Goal C-6: Support Sustainability— Provide a framework to integrate the functional systems
of a development into the site planning and building architecture. (Page 4-8)
Rationale: The support and encouragement of new technologies and techniques to make our
developments more sustainable while still maintaining good design and an aesthetically
pleasing cityscape is obligatory in the face of today’s global environmental challenges.
• Objective C-6.1: Continue to develop the design guidelines to encourage the treatment of
stormwater on site with an aesthetic and integrated approach utilizing Low Impact
Development principles. Provide incentives for innovation.
• Objective C-6.2: Continue to develop the design guidelines to provide direction for the
integration of site based power generation (solar, wind, geothermal, etc.) in both
commercial and residential projects.
• Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects
of development.
• Objective C-6.4: Continue to develop the design guidelines and ordinances to implement
best dark sky lighting practices including utilizing new technologies to reduce impacts to
the night sky.
5.3 Historic Preservation Goals and Objectives
Goal HP-1: Protect historically and culturally significant resources that contribute to the
community’s identity, history, and quality of life. (Page 5-5)
Goal HP-2: Promote protection of historically and culturally significant properties through
education and outreach in order to increase community awareness and identity. (Page 5-6)
6.3 Housing Goals and Objectives
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density,
cost, and location with an emphasis on maintaining neighborhood character and stability.
(Page 6-3)
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Goal H-2: Promote the creation of housing which advances the seven guiding land use
principles of Chapter 3. (Pages 6-3 and 6-4)
Goal H-3– Encourage an adequate supply of affordable housing and land for affordable
housing. (Page 6-4)
7.3 Arts and Culture Goals and Objectives
Goal AC-1: Support public and private arts and cultural opportunities in the Bozeman
community for the enjoyment of all persons. (Page 7-3)
8.3 Economic Development Goals and Objectives
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center. (Page 8-4)
Rationale: Economic vitality supports the social and cultural fabric of the community and
provides for physical needs of the citizens. • Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small
businesses, ‘green’ businesses, and e-businesses.
• Objective ED-1.2: Coordinate the provision of infrastructure necessary to support
economic development.
• Objective ED-1.3: Foster a positive economic climate through a well managed and
aesthetically pleasing built environment, and by maintaining a beautiful and healthy natural
environment to promote and attract businesses with a desirable impact on the community.
• Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems,
such as telecommunications, and promote state-of- the-art facilities.
• Objective ED-1.5: Encourage, through the use of incentives, the development of business
and industry that provides wages that are proportionate to, or are higher than, the cost of
living and provide options to expand skills and opportunities for Bozeman’s workforce.
• Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to
stimulate investment and maintain a health and vibrant economy.
• Objective ED-1.7: Support efforts by the Bozeman Convention and Visitors Bureau, the
Bozeman Area Chamber of Commerce, the Downtown Bozeman Partnership, Prospera
Business Network, MSU-Bozeman and others to promote Bozeman. (Source: Bozeman
Economic Development Plan)
• Objective ED-1.8: Leverage local, state, and federal economic development resources to
enhance economic growth in Bozeman. (Source: Bozeman Economic Development Plan)
Implementation Policies: 2-6, 10, 12-14, 16, 24, 25, 26, 47-56, 72, 77, 78, 80, 81, 83,
84, 86-88
Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous, and
diverse economy. (Page 8-5)
Rationale: A lack of balance in economic policy can lead to loss of community viability by
sacrificing high long term value community assets for short term, “quick fix” benefits. It is
important to recognize the economic importance of the social, cultural, and natural assets of
Bozeman.
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• Objective ED-2.1 Support the preservation of agricultural lands and activities and a viable
agricultural community, including community supported agriculture, as an important
economic sector in the Gallatin Valley.
• Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural
character and rural lifestyle.
• Objective ED-2.3: Ensure the viability of agricultural land uses by protecting water
sources used for irrigation.
• Objective ED-2.4: Foster a diverse economy that will protect the economic climate for
existing businesses and maintain opportunities for business expansion.
• Objective ED-2.5: Participate in the growing regional economy in a manner that
minimizes conflict between jurisdictions and that maximizes natural market strengths.
• Objective ED-2.6: Maintain a strong financial position for the City of Bozeman.
• Objective ED-2.7: Support Montana State University in its educational and research
mission, which contributes to the local and state economy.
• Objective ED-2.8: Support education and workforce development initiatives to provide
Bozeman with the qualified workers to meet the needs of business. (Source: Bozeman
Economic Development Plan)
• Objective ED-2.9: Create a more collaborative and effective working partnership between
the business community and the City of Bozeman and effectively manage the City of
Bozeman’s regulatory environment to accomplish goals without hindering business
expansion and economic growth. (Source: Bozeman Economic Development Plan)
Goal ED-3: Recognize the importance of quality of life elements in attracting and developing
economic activity. (Page 8-6)
Rationale: High cultural, educational, and outdoor recreational values are commonly cited
reasons for people to visit or live in Bozeman. Protecting and building upon existing strong
assets leverages other efforts for economic development. A strong sense of shared community
values and mutual support creates a good environment for business and workers to succeed.
• Objective ED-3.1: Build upon existing cultural assets such as historic districts, parks, arts
festivals, the arts community, and MSU to strengthen the local economy.
• Objective ED-3.2: Encourage sustainable development to minimize costs to businesses
and customers and protect quality of life.
• Objective ED-3.3: Encourage businesses to be good stewards and contributors to the
community, including participating in public/private partnerships to meet community
needs.
9.3 Environmental Quality and Critical Lands Goals and Objectives
Goal E-1: Continue protecting critical lands as valuable resources for the Community. (Page
9-5)
Goal E-2: Ensure good environmental quality of water resources, air, and soils within the
planning area. (Page 9-5)
Goal E-3: Help address climate change by taking steps towards reducing the City’s
greenhouse gas emissions. (Page 9-6)
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Goal E-4: Promote and support responsible use of our natural resources. (Page 9-7)
Goal E-5: Maintain a natural and attractive aesthetic character for the Bozeman Area. (Page
9-7)
10.3 Parks, Recreation, Open Space, and Trails Goals and Objectives
Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open
spaces, trail systems, and recreational facilities for residents of the community. (Pages 10-4
and 10-5)
Rationale: Quality recreational facilities, such as parks and trails, are an important component
of the high quality of life enjoyed by Bozeman residents. Recreational facilities also contribute
to the strength of the local economy, encourage healthy lifestyles, and provide venues for arts
and cultural events. Finally, the siting of recreational lands, such as parks and open spaces,
greatly influences land use patterns, and can be used to protect environmentally sensitive lands.
• Objective R-1.1: Make all City recreational facilities and programs accessible to and
affordable for all members of the community.
• Objective R-1.2: Provide education and information to enhance the utilization and
enjoyment of public recreation facilities.
• Objective R-1.3: Establish regular and sufficient funding sources to acquire, develop and
maintain public parks, trails, and recreational facilities, and to meet the community’s
recreational programming needs.
• Objective R-1.4: Establish and strengthen partnerships with other recreation providers to
meet the community’s recreational needs in a coordinated and cooperative manner.
• Objective R-1.5: Connect the community using trails.
• Objective R-1.6: Ensure that parkland’s size, location, suitability, and development
promote usability.
• Objective R-1.7: Ensure equity in the provision of recreation facilities and programs.
• Objective R-1.8: Provide clear and concise standards and requirements to ensure
predictability for all groups providing, development, and maintaining recreation facilities.
• Objective R-1.9: Ensure that the City’s recreational facilities are safe.
• Objective R-1.10: Plan for the City’s recreational facilities citywide and at the site level.
• Objective R-1.11: Establish and meet high level of service standards in the provision of
recreational facilities and services.
• Objective R-1.12: Use parks and open space to protect critical and sensitive lands.
• Objective R-1.13: Use parks and recreation facilities as community design features such
as a neighborhood focal point.
• Objective R-1.14: Continue to provide parks, recreation, open space, and trails facilities
that meet or exceed national per capita standards.
Goal R-2: Provide recreational programming that promotes active, healthy lifestyles. (Page
10-5)
Goal R-3: Promote business growth and economic development. (Page 10-6)
Rationale: Excellent recreational facilities attract tourists, residents, and businesses to the
community.
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• Objective R-3.1: Encourage economic vitality in the community by providing excellent
recreational facilities.
• Objective R-3.2: Provide recreation programs that expand professional competencies, and
provide professional and continuing education opportunities to enhance the skills and
knowledge of the City’s workforce.
Goal R-4: Use recreational lands to promote arts and culture. (Page 10-6)
Rationale: Recreational lands such as parks are obvious locations to conduct arts and culture
events and activities.
• Objective R-4.1: Consider arts and culture uses when siting and planning parks, and
incorporate venues and public art as appropriate.
11.3 Transportation Goals and Objectives
Goal T-1: Transportation System–Maintain and enhance the functionality of the
transportation system. (Pages 11-4 and 11-5)
Rationale: Transportation must be reliable to achieve its function. People depend on the
transportation system to meet their needs for both vehicular and non-vehicular travel.
• Objective T-1.1: The implementation of the transportation facility plan shall conform to
the goals and policies of this Plan to ensure that public and private investments in
transportation infrastructure support other land use decisions of the community.
• Objective T-1.2: Ensure that the development review process shall coordinate
development and transportation services so that necessary facilities, such as pedestrian and
vehicular travel ways, are provided concurrently with development. • Objective T-1.3: All development activity shall comply with the right-of-way standards,
road locations, and other policies set forth in the transportation facility plan to ensure that
an orderly, efficient, effective transportation system is continued and to avoid future
problems with inadequate transportation services and options.
• Objective T-1.4: Ensure that adequate interconnections are made throughout the
transportation system to ensure a variety of alternatives for trip routing and reduce total
travel distance.
Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and balanced
transportation choices. (Pages 11-5 and 11-6)
Rationale: Providing for a variety of travel options supports public health, reduces resource
demand, and helps the City operate efficiently and cost effectively. Coordinated and
cooperative efforts by all transportation system providers minimize the costs while maximizing
benefits.
• Objective T-2.1: For the purposes of transportation and land use planning and
development, non-motorized travel options and networks shall be of equal importance and
consideration as motorized travel options. This balance shall ensure that a variety of travel
opportunities are available which do not require the use of automobiles for local trips.
• Objective T-2.2: Review and revise parking requirements to ensure provision of parking
consistent with other goals of this plan to support commercial and residential activities in
the downtown and other areas.
• Objective T-2.3: Reduce the negative health and physical impacts of the automobile by
coordinating transportation policies to support land use decisions that can decrease the
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number and length of automobile trips. When considering automobile impacts maintain
awareness of all the costs of transportation.
• Objective T-2.4: Seek and provide adequate funding to improve and maintain the
functionality of all elements of the transportation system.
Goal T-3: Encourage transportation options that reduce resource consumption, increase
social interaction, support safe neighborhoods, and increase the ability of the existing
transportation facilities to accommodate a growing city. (Page 11-6)
Rationale: Supporting transit, pedestrian and bicycle travel as an alternative to single
occupancy cars can create more capacity for travel at reduced expense. People are more likely
to use these modes of travel if they feel safe when they use them.
• Objective T-3.1: Promote and support a high-quality public transit system.
• Objective T-3.2: Support and encourage Transportation Demand Management to reduce
peak travel demands and increase the efficient use of the existing transportation system.
Goal T-4: Pathways–Establish and maintain an integrated system of transportation and
recreational pathways, including streets, bicycle and pedestrian trails, neighborhood parks,
green belts and open space. (Page 11-7)
Rationale: The City works with many partners to develop and operate the transportation
system in the City. Coordinating among these partners creates a greater value from a complete
and functional system rather than disjointed pieces.
• Objective T-4.1: Coordinate development of non-motorized transportation systems in
conjunction with motor vehicular transportation systems.
• Objective T-4.2: Further develop and maintain an interconnected and convenient
pedestrian and bicycle network for commuting and recreation as discussed and described
in the transportation facility plan and in coordination with the design standards of the
transportation facility plan and the Parks, Recreation, Open Space, and Trails Plan.
• Objective T-4.3: Review, revise, and update trail/pathway standards to reflect the various
types and uses of trails and other non-motorized travel ways.
• Objective T-4.4: Continue to improve the existing pedestrian network to increase
American’s with Disabilities Act compliance. The long term intent is full accessibility
throughout the community transportation system. Give highest priority to those
improvements that will provide the greatest access to community centers of activity.
12.3 Public Services & Facilities Goals and Objectives
Goal PS-1: Facilities and Services- All public facilities and services provided under the
authority of the City of Bozeman shall be provided in a reliable, efficient, cost-effective and
environmentally sound manner. (Pages 12-4 and 12-5)
Rationale: The City is committed to providing services in a manner which respects the values
and priorities of the citizens of the community.
• Objective PS-1.1: All service and facilities provided under the authority of the City of
Bozeman shall have facility plans which will evaluate current and future needs and best
management practices for providing services.
• Objective PS-1.2: Implement all facility plans, including transportation, in compliance
with the goals and objectives of the City’s growth policy.
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• Objective PS-1.3: Strive to coordinate the provision of services with other governmental
agencies to prevent overlap, excessive cost, and to provide the highest quality services.
• Objective PS-1.4: Balance maintenance of existing facilities with the need to provide new
facilities so that existing users do not suffer a reduction in service quality in order to provide
services to new development.
• Objective PS-1.5: Sewer Facilities - Provide for public central sewer collection and
treatment facilities for all existing and future land uses within the planning area.
• Objective PS-1.6: Storm Drainage - Provide for storm drain, flood control and treatment
facilities to protect existing and future land uses, preserve public safety and protect surface
and groundwater quality.
• Objective PS-1.7: Solid Waste - Provide for a balanced and integrated solid waste
reduction, recycling and disposal system and design to meet the future needs for the
planning area in coordination with other members of the solid waste district.
• Objective PS-1.8: Domestic Water - Provide for a safe and adequate water supply,
distribution, storage and treatment facilities to support water demand projected by planned
land uses in the planning area.
• Objective PS-1.9: Fire Protection - Protect the community through a comprehensive fire
and life safety program for current and future city needs.
• Objective PS-1.10: Police Service — Provide protection of community residents from
criminal activity, reduce the incidence of crime, and provide other necessary services to
meet current and future needs. • Objective PS-1.11: Library Services - Ensure that high quality library services are
provided in an efficient, cost-effective manner.
• Objective PS-1.12: Cemetery - Ensure that cemetery facilities are adequately provided,
developed, and maintained.
Goal PS-2: The City shall work with other service and utility providers to ensure the
adequate and safe provision of services. (Page 12-5)
Rationale: Public and private utilities often are located within the same rights-of-way and
easements. Coordination between providers is essential to prevent conflicts, damage, and
injury. Services are necessary to support urban development.
• Objective PS-2.1: Education - Ensure that the area around educational institutions has
adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure
a high quality of life for school users and city residents.
• Objective PS-2.2: Irrigation Water — Provide adequate protection to the canals from
development and to ensure future access to canal water for agricultural use.
• Objective PS-2.3: Private Utilities — Facilitate the provision of adequate private utility
services within the City while respecting the character of Bozeman.
Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and
maintain public services, and meet the community’s needs. (Page 12-6)
Rationale: Adequate and reliable funding sources are critical to the provision of quality
facilities and services in a quantity sufficient to keep pace with our growing population.
Dependable funding which enables correctly timed maintenance of facilities results in the least
overall cost of operation.
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• Objective PS-3.1: Establish regular and sufficient funding sources to acquire, develop, and
maintain municipal facilities.
• Objective PS-3.2: Continue a blend of enterprise and general fund supported services to
most nearly match revenues to sources of demand for service while recognizing the general
obligations of good government.
• Objective PS-3.3: Encourage the annexation of wholly surrounded parcels, while
recognizing the financial impacts on small properties without redevelopment options.
13.3 Disaster and Emergency Prevention and Response Goals and Objectives
Goal D-1: Recognize the on-going and pervasive opportunity for hazards to occur and act
pro-actively to minimize their effects. (Page 13-2)
Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the
effect of cumulative actions on increasing or decreasing hazards. (Page 13-3)
14.3 Regional Coordination and Cooperation Goals and Objectives
Goal RCC-1: Coordinate policies and actions between public entities to increase effectiveness
and efficiency of implementation of the Bozeman Community Plan. (Pages 14-2 and 14-3)
Goal RCC-2: Utilize inter-local agreements and similar mechanisms to establish formal
coordination mechanisms so intent, scope, and functions are well defined to advance
cooperation. (Pages 14-3 and 14-4)
Rationale: Elected and appointed officials change membership over time. Having a formal
inter-local agreement ensures continuity and consistency of policy over time. Development of
agreements facilitates discussion of issues so that pitfalls can be avoided and success is more
likely.
• Objective RCC-2.1: Document and formalize the practice of the county not approving
development within the planning area where the City considers services to be reasonably
available.
• Objective RCC-2.2: Evaluate means for the City to support the County’s proposed transfer
of development credit program.
• Objective RCC-2.3: Work with Gallatin County to develop standards to facilitate
extension of urban services including street widths, utility easements, and subdivision
design.
• Objective RCC-2.4: Develop joint programs and practices with local, state, and federal
entities to address health, safety, and environmental concerns, as well as other issues as
may be identified.
• Objective RCC-2.5: Work with School District 7 to coordinate future school locations and
development to integrate with the City’s transportation network, location of residences,
and location and use of public parks.
• Objective RCC-2.6: Continue coordination with the Montana Department of
Transportation so that street construction and maintenance advance the purposes of this
plan, support infill and extension of pedestrian and bicycle circulation, and other issues as
may be identified.
• Objective RCC-2.7: Continue cooperation with Montana State University on
transportation, building siting, future land use planning, and other town/gown issues.
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• Objective RCC-2.8: Recognize the significant influence that state and local agencies, such
as the US Forest Service, have on City concerns such as watershed management and
recreation.
Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal
and economic stability for the prevention and the elimination of urban blight.
➢ Land Use Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit difference
in scale or design.
➢ Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent with the
City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into
a pattern more supportive of the principles supported by commercial centers.
➢ Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and
support sustainability in new construction and rehabilitation or redevelopment of existing
areas.
➢ Economic Development Objective ED-1.2: Coordinate the provision of infrastructure
necessary to support economic development.
➢ Economic Development Objective ED-1.4: Encourage ongoing improvements in private
infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.
➢ Economic Development Objective ED-1.6: Utilize the City’s economic development and
urban renewal plans to stimulate investment and maintain a health and vibrant economy.
➢ Economic Development Objective ED-1.8: Leverage local, state, and federal economic
development resources to enhance economic growth in Bozeman.
➢ Economic Development Objective ED-2.4: Foster a diverse economy that will protect the
economic climate for existing businesses and maintain opportunities for business expansion.
➢ Economic Development Objective ED-2.9: Create a more collaborative and effective
working partnership between the business community and the City of Bozeman and effectively
manage the City of Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with
Overall Principles and Goals of the Bozeman Community Plan.
➢ In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan
seeks to provide long term economic stability and to use planning and the development of
public infrastructure as tools for well managed growth.
➢ The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal
District Plan are:
✓ Goal #1 Promote Economic Development
✓ Goal #2 Improve Multi-Modal Transportation
✓ Goal #3 Improve, Maintain and Support Innovation in Infrastructure
✓ Goal #4 Promote Unified, Human Scale Urban Design
✓ Goal #5 Support Compatible Urban Density Mixed Land Uses
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Growth Policy Implementation
The following selections from the Bozeman Community Plan demonstrate conformance of the
Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the
growth policy.
16: Implementation 16.2 Implementation Action Plan Programs or Detailed Planning Efforts
(Page 16-2) - This growth policy establishes a foundation for programs as well as more detailed
plans. For example, a neighborhood plan for Downtown and an Economic Development plan now
underway were both initiated through the growth policy. Programs have varying levels of priority,
depending on the issues involved. Consequently, the City will initiate them at different intervals.
Programs often provide the organizational structure to carry out routine City operations such as
street maintenance. Detailed planning also includes the preparation of facility plans.
The Bozeman Community Plan chronicles several programs and/or detailed plans that apply to the
Bozeman Midtown Urban Renewal District some of which are described as follows:
8: Economic Development 8.1 Intent and Background. (Page 8-3) The City has also invested
in urban renewal plans for the N. 7th Avenue Corridor, the Downtown area, and the
Northeast Neighborhood These detailed plans help spur reinvestment and preservation of
economic activity and resources.
D.1 Neighborhood Conservation Overlay District (Pages D-1 and D-2) Enhance property
values through the stabilization of neighborhoods and areas of the City, increase economic
and financial benefits to the City and its inhabitants, and promote tourist trade and interests.
D.2 Entryway Corridor Overlay District (Pages D-2 and D-3) It is the intent and purpose of
these requirements to ensure the quality of development along these corridors to enhance
the impression and enjoyment of the community by guiding development and change that
occurs in these areas. These provisions are also intended to improve signage, landscaping,
access and other contributing elements of entry corridor appearance and function.
Design Objectives Plan for Entryway Corridors. (Page J-10) The entryways into Bozeman
play a significant role in shaping attitudes toward our community. Bozeman has adopted
special standards which apply to these areas. Updated in 2005, the design guidelines
provide illustrated standards which help implement the purposes adopted by ordinance.
Design and Connectivity Plan for North Seventh Avenue Corridor (Page J-11) The
redevelopment and rehabilitation of the N. 7th Avenue corridor was the purpose of the
formation of an urban renewal district. The corridor plan, prepared by Winter and Company
and adopted in 2006, provides guidance on the design character, opportunities, and
challenges for redeveloping the corridor. A group of land owners within the district
boundaries advises the City Commission and suggests a work plan each year to advance
the plan. An emphasis is placed within the plan on improving pedestrian and bicycle
circulation as well as character of different sections of the street corridor.
16: Implementation 16.2 Implementation Action Plan Funding Mechanisms (Page 16-3) -
Bozeman has a longstanding policy to provide the maximum level of services, to the most citizens,
in the most cost effective manner, with due consideration given to all costs – economic, fiscal,
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environmental, and social. In doing so, the city limits on-going expenditures to a level that can be
supported with current revenues, uses one-time dollars to fund capital assets or other non-recurring
expenditures, and annually adopts a 5year capital improvements plan for construction and
maintenance of large city assets. User fees and charges are used, as opposed to general taxes, when
distinct beneficiary populations or interest groups can be identified; they are more equitable, since
only those who use the service must pay, thereby eliminating the subsidy provided by nonusers to
users, which is inherent in general tax financing. The City also uses public/private partnerships,
intergovernmental transfers, and private grants when available.
Table 16-1 Implementation Policies and Actions (Pages 16-4 thru 16-18)
Chapter 1, 3. Research and implement incentives and regulations and publicize existing incentives,
in accordance with the Bozeman Community Plan, that encourage development within the City
of Bozeman. 10, 14, 75, 81
Chapter 3, Land Use 9. Encourage infill and redevelopment which is respectful of its context. 4,
7, 21, 28, 61, 62
Chapter 3, Land Use 11. Continue programs which support adaptive reuse, reinvestment, and
continued functional and aesthetic viability of the Historic Core. 22
Chapter 5, Historic Preservation 21a. Use and publicize incentives, such as, but not limited to,
public infrastructure funding support and tax abatement, to encourage commercial and
residential development or redevelopment of identified infill areas, including brownfields and
the Historic Core.
Chapter 6, Housing 28a. Review and revise as needed standards to infill development,
redevelopment, and new development to provide clear guidance and mitigation of objective
problems.
Chapter 8, Economic Development 49. Support the creation and expansion of local businesses. 3,
77, 80
Chapter 8, Economic Development 49e. Maintain and seek to expand resources available through
the City’s revolving loan fund and urban renewal districts.
Chapter 8, Economic Development 49g. Increase awareness of existing economic and other
benefits of and further develop incentives for locating and operating benefits within City limits.
Chapter 8, Economic Development 53. Recognize sustainability as a component of economic
development. 12
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Identified implementation tools and strategies, including tax increment financing, which help
to achieve the Bozeman Community Plan’s goals and objectives.
➢ Provides a foundation for programs as well as more detailed plans, such as urban renewal
district plans with tax increment financing programs.
➢ Describes the use of alternative funding mechanisms when distinct beneficiary populations or
interest groups can be identified and more equitably served (such as tax increment financing).
➢ Encourages development within the City of Bozeman.
➢ Encourages infill and redevelopment.
➢ Continues programs which support adaptive reuse and reinvestment.
➢ Encourages commercial and residential development or redevelopment of identified infill areas
through the use of and publicizing of incentives, such as, but not limited to, public
infrastructure funding support
➢ Supports standards for infill development and redevelopment.
➢ Supports the creation and expansion of local businesses.
➢ Maintains and seeks to expand resources available through urban renewal districts.
➢ Increases awareness of existing economic and other benefits of and further develop incentives
for locating and operating within City limits.
➢ Recognizes sustainability as a component of economic development.
Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with
the implementation tools and strategies in the Bozeman Community Plan.
➢ The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law
offered by the State of Montana Code.
➢ The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax
increment financing to assist with redevelopment and revitalization activities, and encourage
the retention and growth of economic development.
➢ The Bozeman Midtown Urban Renewal District Plan supports the development of
infrastructure that encourages urban renewal and economic development in the community.
Growth Policy Future Land Use
The growth policy provides a visual policy statement with the identification of the future land use
pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman
Community Plan.
The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
starting from the north end as Industrial, Regional Commercial and Services, and Community
Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public
Institutions. The description of the future land uses is as follows. A section of Bozeman
Community Plan Future Land Use Map and Legend follows the future land use descriptions.
Regional Commercial and Services. Bozeman is a retail, education, health services, public
administration, and tourism hub and provides opportunities for these activities for a multi-county
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region. Often the scale of these services is larger than would be required for Bozeman alone.
Because of the draw from outside Bozeman, it is necessary that these types of facilities be located
in proximity to significant transportation routes. Since these are large and prominent facilities
within the community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not be a
primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent
development.
Community Commercial Mixed Use. Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within these
categories draw from the community as a whole for their employee and customer base and are
sized accordingly. A broad range of functions including retail, education, professional and personal
services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area
Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate
circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space
and park amenities are anticipated, appropriately designed for an urban character. Placed in
proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle,
and transit circulation shall be provided. High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors, will
facilitate the provision of services and opportunities to persons without requiring the use of an
automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and are
activity centers for an area of several square miles surrounding them. These are intended to service
the larger community as well as adjacent neighborhoods and are typically distributed on a one mile
radius. Smaller Community Commercial areas are usually in the 1015 acre size range and are
intended to provide primarily local service to an area of approximately one-half mile radius. These
commercial centers support and help give identity to individual neighborhoods by providing a
visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses are
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encouraged in the core of the area or adjacent to significant streets and intersections. As needed,
building height transitions should be provided to be compatible with adjacent development.
Industrial. This classification provides areas for the uses which support an urban environment
such as manufacturing, warehousing, and transportation hubs. Development within these areas is
intensive and is connected to significant transportation corridors. In order to protect the economic
base and necessary services represented by industrial uses, uses which would be detrimentally
impacted by industrial activities are discouraged. Although use in these areas is intensive, these
areas are part of the larger community and shall meet basic standards for landscaping and other
site design issues and be integrated with the larger community. In some circumstances, uses other
than those typically considered industrial have been historically present in areas which were given
an industrial designation in this growth policy. Careful consideration must be given to public
policies to allow these mixed uses to coexist in harmony.
Residential. This category designates places where the primary activity is urban density dwellings.
Other uses which complement residences are also acceptable such as parks, low intensity home
based occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers. The residential designation indicates that it is expected that
development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type housing
are discouraged. In limited instances the strong presence of constraints and natural features such
as floodplains may cause an area to be designated for development at a lower density than normally
expected within this category. All residential housing should be arranged with consideration of
compatibility with adjacent development, natural constraints such as watercourses or steep slopes,
and in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning
area.
Public Institutions. A variety of activities are undertaken in this land use classification. Schools
are a dominant use including Montana State University. Other typical uses are libraries, fire
stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs
within this category.
Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including
parks, are included within this category, as well as certain private lands. These areas are generally
open in character and may or may not be developed for active recreational purposes. This category
includes conservation easements which may not be open for public use.
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Figure 3.1:
Future Land Use
Map Section
Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal
District to help achieve the Bozeman Community Plan’s goals and objectives.
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➢ The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor
as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.
➢ The majority of the adjacent neighborhoods have a future land use designation of Residential,
with a couple of small areas designated Parks, Open Space and Recreational Lands and Public
Institutions.
➢ Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.
➢ Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning
districts.
➢ Industrial land uses can be implemented by any one of the five industrial type zoning districts.
➢ Residential will be implemented by multiple zoning districts.
➢ Parks, Open Space and Recreational Lands are functions which can occur in any zoning
district.
➢ Public Institutions can be implemented by the PLI zoning district, but is a function that can
occur in any zoning district.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with
the Future Land Use Designations.
➢ The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to retain existing and attract new economic
development.
➢ The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing future land use designations.
Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District
for accordance with the Bozeman Unified Development Code
The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified
Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was
originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769
effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban
Renewal District must be found to be in conformance with the Bozeman Community Plan. On
October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the
Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be
in conformance with the growth policy.
In order to demonstrate that the area is zoned for uses implementing the growth policy, the
following selections from the Bozeman Unified Development Code have been provided to
demonstrate accordance of zoning within the area of the Bozeman Midtown Urban Renewal
District to the Bozeman Community Plan.
ARTICLE 1. - IN GENERAL
Sec. 38.01.040. - Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and general
welfare; to recognize and balance the various rights and responsibilities relating to land
ownership, use, and development identified in the United States and State of Montana
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constitutions, and statutory and common law; to implement the city's adopted growth policy;
and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare
by: preventing the creation of private or public nuisances caused by noncompliance with the
standards and procedures of this chapter; regulating the subdivision, development and use of
land; preventing the overcrowding of land; lessening congestion in the streets and highways;
providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress
and egress, and other public improvements; requiring development in harmony with the natural
environment; promoting preservation of open space; promoting development approaches that
minimize costs to local citizens and that promote the effective and efficient provision of public
services; protecting the rights of property owners; requiring uniform monumentation of land
subdivisions and transferring interests in real property by reference to a plat or certificate of
survey (MCA 76-3-102).
C. It is further the purpose of these regulations to: be in accord with the growth policy; securing
safety from fire, panic, and other dangers; promoting public health, public safety, and the
general welfare; facilitating the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements; having given consideration to ensuring the reasonable
provision of adequate light and air, motorized and nonmotorized transportation systems,
promoting of compatible urban growth, considering the character of the district and its peculiar
suitability for particular uses, conserving the value of buildings, and encouraging the most
appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended
to promote and to provide for the:
1. Orderly development of the city;
2. Coordination of streets within subdivided land with other streets and roads, both existing
and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the city into districts with uniformly applicable standards for development
within each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of land;
and
17. The establishment of all other requirements necessary to meet the purposes of this chapter.
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E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to
implement the goals and objectives of the city's adopted growth policy. In the case of a
difference of meaning or implication between this chapter and the city's adopted growth policy,
the growth policy shall control.
ARTICLE 7. - ZONING DISTRICTS AND ZONING MAP
Sec. 38.07.010. - Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which, together
with all explanatory matter thereon, is adopted by this reference and declared to be a part of
this chapter.
B. For the purpose of this chapter, the city is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Single-Household Low Density District
R-2 Residential Two-Household Medium Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
EO Entryway Corridor Overlay District
CO Casino Overlay District
REMU Residential Emphasis Mixed-use District
The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned
“B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light
Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts
including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O
Residential-Office”. The intent and purpose of each of these zoning districts is described below.
ARTICLE 10. - COMMERCIAL ZONING DISTRICTS
Sec. 38.10.010. - Intent and purpose.
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A. The intent and purposes of the commercial zoning districts are to establish areas within the city
that are primarily commercial in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one commercial district is
to provide opportunities for a variety of employment and community service opportunities
within the community, while providing predictability. There is a rebuttable presumption that
the uses set forth for each district will be compatible with each other both within the individual
districts and to adjoining zoning districts when the standards of this chapter are met and any
applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts.
2. The intent of the B-2 community business district is to provide for a broad range of
mutually supportive retail and service functions located in clustered areas bordered on one
or more sides by limited access arterial streets.
ARTICLE 12. - INDUSTRIAL ZONING DISTRICTS
Sec. 38.12.010. - Intent and purpose.
A. The intent and purpose of the industrial zoning districts is to establish areas within the city that
are primarily industrial in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one industrial district is to
provide opportunities for a variety of employment and community service functions within the
community while providing predictability. There is a rebuttable presumption that the uses set
forth for each district will be compatible with each other when the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
1. The intent of the M-1 light manufacturing district is to provide for the community's needs
for wholesale trade, storage and warehousing, trucking and transportation terminals, light
manufacturing and similar activities. The district should be oriented to major transportation
facilities yet arranged to minimize adverse effects on residential development, therefore,
some type of screening may be necessary.
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Sec. 38.08.010. - Intent and purpose.
A. The intent and purpose of the residential zoning districts is to establish areas within the city
that are primarily residential in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one residential district is to
provide opportunities for a variety of housing types and arrangements within the community
while providing a basic level of predictability. There is a rebuttable presumption that the uses
set forth for each district will be compatible with each other when the standards of this chapter
are met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts. All development is subject to section 38.01.050.
Residential density is correlated with many community goals and objectives that are contained
in the city's adopted growth policy, as well as many standards and purposes of this chapter.
Section 38.08.090 sets standards for minimum densities in residential districts which will
advance these goals, objectives, and purposes.
4. The intent of the R-3 residential medium density district is to provide for the development
of one- to five-household residential structures near service facilities within the city. It
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should provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
5. The intent of 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 will provide for a variety of compatible housing types to serve the
varying needs of the community's residents. Although some office use is permitted, it shall
remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
6. The intent of the R-O residential-office district is to provide for and encourage the
development of multihousehold and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a
lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies
over a nonresidential designation the primary use shall be office and other nonresidential
uses. Primary use shall be measured by percentage of building floor area.
In addition to the zoning districts described above, portions of the Midtown area of Bozeman are
also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood
Conservation Overlay District”, and a couple of lots at the southeast edge are located within the
Cooper Park Historic District.
ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT
Sec. 38.17.020. - Intent and purpose.
A. There are several arterial corridors entering the city that introduce visitors and residents alike
to the city. The visual attributes of these roadways provide a lasting impression of the character
of the city. It is the intent and purpose of this article to ensure that the quality of development
along these corridors will enhance the impression and enjoyment of the community by guiding
development and change, and by stimulating and assisting, in conjunction with other
provisions of this chapter, improvements in signage, landscaping, access and other contributing
elements of entry corridor appearance and function.
B. It is the intent of this article to establish design criteria, standards and review procedures that
will allow the city and its advisory boards and agencies to review and direct, in a fair and
equitable manner, the development and redevelopment of future and existing properties and
facilities within the entry corridors. The recommendations of the design review board or
administrative design review staff shall be given careful consideration in the final action of the
review authority.
Sec. 38.17.030. - Application of entryway corridor provisions.
A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this
article shall be applied in addition to any other applicable regulations of this chapter.
Specifically, these provisions shall be applied to all developments within such corridors as
follows:
1. Class I. All development wholly or partially within 660 feet of the centerline of the
following roadways:
a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of
the outside lanes of the opposing roadways and from the centerline of the access ramps;
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b. Interstate 90 frontage roads, within the city boundaries, whether or not they are
designated frontage roads;
c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city
boundaries;
d. U.S. 191, west from Ferguson Road to the city boundaries;
e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90
interchange, exclusive of the east side between Durston Road and the south boundary
of Covered Wagon Mobile Home Park; and
f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue.
2. Class II. All development wholly or partially within the lesser of one city block or 330 feet
of the centerline of the following roadways, with the exception of residentially zoned lots
(no exception for R-O district) that have no frontage upon said roadways:
a. Seventh Avenue, south from the Interstate 90 interchange to Main Street;
b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side
of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home
Park and Durston Road;
c. Main Street, east from Broadway to Interstate 90;
d. Main Street, west from Seventh Avenue to Ferguson Road;
e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and
cast to the city boundary;
f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and
g. Oak Street, east from Seventh Avenue to Rouse Avenue.
ARTICLE 16. - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
Sec. 38.16.010. - Intent and purpose.
A. All new construction, alterations to existing structures, movement of structures into or out of
the neighborhood conservation overlay district, hereinafter referred to as the conservation
district, or demolition of structures by any means or process will be subject to design review
unless specifically exempted. The recommendations of the design review board or
administrative design review staff shall be given careful consideration in the final action of the
review authority.
B. This article defines and sets forth standards which apply to the conservation district.
C. The intent and purpose of the conservation district designation is to stimulate the restoration
and rehabilitation of structures, and all other elements contributing to the character and fabric
of established residential neighborhoods and commercial or industrial areas. New construction
will be invited and encouraged provided primary emphasis is given to the preservation of
existing buildings and further provided the design of such new space enhances and contributes
to the aesthetic character and function of the property and the surrounding neighborhood or
area. Contemporary design will be encouraged, provided it is in keeping with the above-stated
criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic,
changing community. The neighboring community shall be provided notice and opportunity
to comment upon the proposed property improvements in accordance with article 40 of this
chapter. In addition, aggrieved persons shall have the right to appeal any design review
decision made under the provisions of this article, in accordance with article 35 of this chapter.
D. In view of the fact that most of the area included within the boundaries of the conservation
district was developed and built out prior to the adoption of zoning and contemporary
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subdivision regulations, the construction, development pattern and range of uses is highly
diverse and may not be in compliance with conventional regulatory requirements. This article
recognizes that this diversity is a major contributing element of the historic character of these
neighborhoods or areas. The provisions of this article shall be applied in a manner that will
encourage the protection and enhancement of the many diverse features for future generations.
E. The conservation district boundary is largely coterminous with the area surveyed in the effort
that led to the listing of nine historic districts and 40 additional landmark structures in the
National Register of Historic Places, and includes the nine designated historic districts and 40
individual landmarks. This article sets forth the means of protecting and enhancing the
conservation district.
F. It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic
landmarks or other built or natural features for the educational, cultural, economic benefit or
enjoyment of citizens of the city. It will be the policy and responsibility of the administrative
entities of this article to:
1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and
areas that:
a. Are reminders of past eras, events or persons important in local, state or national
history;
b. Provide significant examples of land planning or architectural styles, or are landmarks
in the history of land planning and architecture;
c. Are unique or irreplaceable assets to the city and its neighborhoods;
d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based, western
city developmental patterns;
2. Enhance property values through the stabilization of neighborhoods and areas of the city,
increase economic and financial benefits to the city and its inhabitants, and promote tourist
trade and interests;
3. Develop and maintain the appropriate environment for buildings, structures, sites and areas,
that reflect varied planning and architectural styles and distinguished phases of the city's
history and prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in
the accomplishments of the past;
5. Seek to maintain and enhance the many private and public elements that are unique to the
fabric, theme and character of each neighborhood and area, including, but not limited to,
lighting, pathways, street trees, natural areas and other features that may, from time to time,
be identified by the citizens and property owners of neighborhoods, areas and subsections
thereof; and
6. Provide the neighboring community with notice and opportunity to comment upon the
proposed property improvements in accordance with article 40 of this chapter, with the
exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this article, in accordance with article 35 of this chapter.
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Sections of the City of Bozeman Zoning Map which encompasses the area of the Bozeman
Midtown Urban Renewal District are shown below.
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City of Bozeman
Zoning Map
Section
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Conservation Overlay and Historic Districts
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Zoning to help implement the Bozeman Community Plan.
• A purpose of the Bozeman Unified Development Code is to implement the goals and objectives
of the Bozeman Community Plan; the city’s adopted growth policy.
• The majority of the land within the core area of the Bozeman Midtown Urban Renewal District
is zoned “B-2 Community Business District” to provide for a broad range of mutually
supportive retail and service functions.
• The land adjacent to the commercial core and south of I-90 within the area of the Bozeman
Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with
zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”,
and “R-O Residential-Office”.
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• The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light
Manufacturing”.
Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning
with Bozeman Community Plan.
• The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman
Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as
described by the Bozeman Unified Development Code.
• The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the
existing commercially designated area to eliminate blight, and retain existing and attract new
economic development.
• The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the
existing zoning classifications.
Conclusions
1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant
goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban
Renewal District Plan is in conformance with the Bozeman Community Plan.
2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated
against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown
Urban Renewal District is in accordance with the Bozeman Community Plan.
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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 July 3, 2023, Community Development Board
Meeting
MEETING DATE:June 26, 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 July 3,
2023 Community Development Board meeting.
1. South Range Crossing Master Site Plan 23020 [External Link]- Reviewed in
role as Design Review Board - Consent
2. South Range Crossing Preliminary Plat 22390 [External Link]- Reviewed in
role as Planning Board
3. Parks, Recreation, and Active Trail Plan [External Link] - Reviewed in role
as Planning Board to make recommendation to City Commission on
consistency with growth policy
The following non-project review items are presently scheduled for the July
3, 2023 Community Development Board meeting.
1. Review of relationship between density and transportation facilities -
Presentation by Nick Ross, Director of Transportation and Engineering.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: June 20, 2023
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