HomeMy WebLinkAbout06-17-24 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Public Service Announcements
E. Approval of Minutes
E.1 Approval of Minutes.(Sagstetter)
F. Consent Items
G. Public Comments
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, June 17, 2024
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
comments@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
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 346 248 7799
Access code: 954 6079 2484
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
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H. Special Presentations
I. Action Items
I.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of REMU on 2.705 Acres, the 2320 West Babcock Annexation. The
Property is Addressed at 2320 West Babcock, Application 24106(Rogers)
I.2 2024 Annual Growth Policy Implementation Report (Saunders)
J. FYI/Discussions
J.1 Upcoming Items for the July 1, 2024, Community Development Board Meeting.(Saunders)
K. Adjournment
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.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
City Board meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD
406.582.2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter - Community Development.
SUBJECT:Approval of Minutes.
MEETING DATE:June 17, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Approve.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Approval of Minutes.
FISCAL EFFECTS:None.
Attachments:
060324 CDB Minutes.pdf
Report compiled on: June 12, 2024
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Bozeman Community Development Meeting Minutes, June 6, 2024
Page 1 of 4
THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA
MINUTES
JUNE 6, 2024
General information about the Community Development Board is available in our Laserfiche repository.
Present: Henry Happel, Padden Guy Murphy, Chris Egnatz, Jennifer Madgic, Jason Delmue, Ben Lloyd,
Mark Egge
Excused: Nicole Olmstead
A) 00:07:59 Call to Order - 6:00 pm
B) 00:08:38 Disclosures
C) 00:08:46 Changes to the Agenda
E) 00:08:53 Approval of Minutes
E.1 Approval
050624 CDB Minutes .pdf
00:09:03 Motion to approve
Jennifer Madgic: Motion
Jason Delmue: 2nd 00:09:32 Vote on the Motion to approve The Motion carried 7 - 0.
Approve:
Henry Happel
Padden Guy Murphy
Chris Egnatz
Jennifer Madgic
Jason Delmue
Ben Lloyd
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Bozeman Community Development Meeting Minutes, June 6, 2024
Page 2 of 4
Mark Egge
Disapprove:
None
F) 00:09:51 Consent Items
G) 00:09:53 Public Comments
00:10:30 Allison Sweeny provides public comment.
00:13:41 Ron Brey provides public comment.
00:15:33 Natsuki Nakamura provides public comment.
I) 00:20:06 Action Items
I.1 00:20:09 Review and Consider Recommending Approval of the Jarrett Major
Subdivision Preliminary Plat; Application No. 23072
23072 Jarrett PP CDB Staff Report.pdf
00:20:15 Planner Susana Montana presents to the board.
00:30:33 Planner Susana Montana answers questions from the board.
00:40:56 Applicant Perrin Raymond presents to the board.
01:05:24 Allison Sweeny provides public comment.
01:06:48 Kim Green provides public comment.
01:09:52 Motion to approve Recommend Approval of the Jarrett Major Subdivision Preliminary Plat;
Application No. 23072
Padden Guy Murphy: Motion
Chris Egnatz: 2nd
01:25:10 Vote on the Motion to approve Recommend Approval of the Jarrett Major Subdivision
Preliminary Plat; Application No. 23072 The Motion carried 7 - 0.
Approve:
Henry Happel
Padden Guy Murphy
Chris Egnatz
Jennifer Madgic
Jason Delmue
Ben Lloyd
Mark Egge
Disapprove:
None
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Bozeman Community Development Meeting Minutes, June 6, 2024
Page 3 of 4
I.2 01:26:04 1920 West Babcock Zone Map Amendment Requesting an Amendment
to the City Zoning Map from R-O (Residential Office) to B-2M (Community Commercial
Mixed-Use) on 0.249 Acres Plus the Adjacent Right-of-Way. The Property is Addressed
as 1920 West Babcock Street and located on the Southeast Corner of West Babcock
Street and South 20th Avenue; Application 24024
24024 1920 W Babcock ZMA CDB SR.pdf
01:26:17 Planner Tom Rogers presents to the board.
01:34:02 Planner Tom Rogers answers questions from the board.
01:55:13 Applicant team presents to the board.
02:02:35 Applicant team answers question from the board.
02:17:58 Allison Sweeny provides public comment.
02:19:28 Motion to approve Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 24024 and move to recommend approval of the 1920 West Babcock Zone Map
Amendment, with contingencies required to complete the application processing.
Mark Egge: Motion
Ben Lloyd: 2nd
02:31:48 Vote on the Motion to approve Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 24024 and move to recommend approval of the 1920 West Babcock Zone Map
Amendment, with contingencies required to complete the application processing. The Motion carried 7 -
0.
Approve:
Henry Happel
Padden Guy Murphy
Chris Egnatz
Jennifer Madgic
Jason Delmue
Ben Lloyd
Mark Egge
Disapprove:
None
I.3 02:32:29 Community Development Board Work Plan for Calendar Years 2024 and
2025
CDB 2024-2025 Work Plan.pdf
02:53:08 Motion to approve Consider draft work plan and make recommendation to City Commission.
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Bozeman Community Development Meeting Minutes, June 6, 2024
Page 4 of 4
Henry Happel: Motion
Jennifer Madgic: 2nd
02:53:28 Vote on the Motion to approve Consider draft work plan and make recommendation to City
Commission. The Motion carried 5 - 2.
Approve:
Henry Happel
Padden Guy Murphy
Chris Egnatz
Jennifer Madgic
Ben Lloyd
Disapprove:
Jason Delmue
Mark Egge
J) 02:54:45 FYI/Discussions
J.1 02:54:52 Upcoming Items for the June 17, 2024, Community Development Board
Meeting.
K) 02:55:03 Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Interim Director of Community Development
SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of REMU on 2.705 Acres, the
2320 West Babcock Annexation. The Property is Addressed at 2320 West
Babcock, Application 24106
MEETING DATE:June 17, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 24106 and move to recommend
approval of the 2320 West Babcock Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex two parcels totaling 2.705
acres plus adjacent rights-of-way into the City limits and establish an initial
zoning of REMU, Residential Emphasis Mixed-Use Mixed District. The
property is currently zoned “General Residential” (R) within the County
administered Zoning District Number 1.
The property hosts a single residential structure and accessory structures.
The zoning regulations would only allow a two-household dwelling and home
occupations on the site. No commercial or more than two-household
dwelling is permitted. The property is bisected by the West Fork of Catron
Creek which also serves as a conveyance facility for Farmers Canal and
Middle Creek Ditch Company.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes both the
REMU district as implementing zoning districts. Nearby municipal zoning
includes R-3, R-O, and B-2. The subject properties are within the urban
planning and municipal service area for the City.
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The proposed annexation would bring in additional right of way to build out
sections of West Babcock Street.
UNRESOLVED ISSUES:There are no identified conflicts or unresolved issues with this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
24106 2320 W Babcock_Annex_ZMA CDB SR.pdf
Report compiled on: June 11, 2024
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Page 1 of 44
24106 Staff Report for the 2320 West Babcock Annexation and ZMA
Public Hearings: Community Development Board (map amendment only) June 17, 2024.
City Commission (annexation and map amendment) July 16, 2024.
Project Description: The 2320 West Babcock Annexation requests annexation of 2.705 acres
and amending the City Zoning Map for the establishment of a zoning designation of
REMU (Residential Emphasis Mixed-Use District).
Project Location: Property is addressed at 2320 West Babcock Street and being tracks of
land being parcels show per Film 24, Page 425, and the Parcel conveyed on Film 24,
Page 426 located in the Southeast One-Quarter (SE ¼) of Section 11, Township Two
South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The
annexation and zone map amendment would also apply to the streets adjacent to the
property.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 24106 and move to
recommend approval of the 2320 West Babcock Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 24106 and move
to approve the 2320 West Babcock Annexation subject to the terms of annexation and
direct staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 24106 and move to approve the 2320 West Babcock
Zone Map Amendment with contingencies of approval necessary to complete adoption
of an implementing ordinance.
Report Date: June 10, 2024
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 2 of 44
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts or unresolved issues with this application.
Project Summary
The applicant and property owners seek to annex two parcels totaling 2.705 acres plus adjacent
rights-of-way into the City limits and establish an initial zoning of REMU, Residential
Emphasis Mixed-Use Mixed District. The property is currently zoned “General Residential”
(R) within the County administered Zoning District Number 1.
The property hosts a single residential structure and accessory structures. The zoning
regulations would only allow a two-household dwelling and home occupations on the site. No
commercial or more than two-household dwelling is permitted. The property is bisected by the
West Fork of Catron Creek which also serves as a conveyance facility for Farmers Canal and
Middle Creek Ditch Company.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes both the REMU district as implementing
zoning districts. Nearby municipal zoning includes R-3, R-O, and B-2. The subject properties
are within the urban planning and municipal service area for the City.
The proposed annexation would bring in additional right of way to build out sections of West
Babcock Street.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
• Bozeman Community Plan 2020
• Gallatin County growth policy
• Gallatin County/Bozeman Area Plan – County neighborhood plan
• Transportation Master Plan 2017 – City transportation plan
• Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
• Water Facility Plan 2017 – City’s plan for water system operations and expansion
• Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 3 of 44
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public meeting on June 17, 2024, and will forward a recommendation on the zoning
designation to the City Commission.
No public comment has been received as of the production of this report.
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 4 of 44
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 – ADVISORY COMMENTS ............................................................................ 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 12
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 22
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 39
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 40
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 40
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44
FISCAL EFFECTS ................................................................................................................. 44
ATTACHMENTS ................................................................................................................... 44
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 5 of 44
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 6 of 44
Map 3: BCP 2020 Future Land Use Map
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 7 of 44
Map 3: Existing City Zoning
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 8 of 44
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “2320 West Babcock Annexation”.
2. An Annexation Map, titled “2320 West Babcock Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers
Office. This map must be acceptable to the Director of Public Works and City
Engineers Office and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation
agreement from the City to the applicant or annexation approval shall be null and void.
4. The landowners and their successors must pay all fire, street, water, and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit
listed therein.
5. If they do not already exist, the applicant must provide and file with the County Clerk
and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SIDs) for the following:
a. Street improvements to West Babcock Street between Fowler Street to Main
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination
thereof. The applicant must provide a copy of the SID waiver in conjunction with
the Annexation Agreement.
c. The applicant may obtain a copy of the template SID waiver from the City
Engineering Department. The document filed must specify that in the event an SID
is not utilized for the completion of these improvements, the applicant agrees to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 9 of 44
development, or a combination thereof. The applicant must provide a copy of the
SID waiver filed with the County Clerk and Recorder prior to annexation.
6. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in conjunction
with future development. The storm water master plan shall address maintenance
and operations until and unless the City affirmatively assumes responsibility for
maintenance and operations of stormwater facilities within the area of the
annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that there is no right, either granted
or implied, for Landowner to further develop any of the Property until it is verified
by the City that the necessary municipal services are available to the property.
d. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
e. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
f. The agreement must include notice that charges and assessments may be required
after completion of annexation to ensure necessary municipal services are available
to the property.
g. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
h. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the final
Annexation Agreement.
7. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
8. The applicant must contact the City’s Engineering Department to obtain an analysis of
cash-in-lieu of water rights for the proposed annexation. The determined amount must
be paid prior to the adoption of Resolution of Annexation, if applicable.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 10 of 44
9. BMC 38.410.130. Water Adequacy - As a condition of the annexation agreement the
applicant must provide all useful water rights to the City prior to future development.
Please identify any water rights associated with the subject properties.
10. Additionally, in connecting the existing structures to the City water system the new
demand must be offset by one of the mentioned identified in 38.410.130. (i.e.
transferring rights, paying cash-in-lieu of water rights, etc.). In order to estimate the
demand offset please identify all the structures onsite that will be connected to City
Water and their approximate square-footage and use.
11. If the is an existing well providing service to the structures and/or landscaping the well
should be retained and used to provide irrigation in lieu of using municipal water.
12. City of Bozeman Resolution 5076, Policy 1 West Babcock Street is classified as a
Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum
right-of-way ROW width of 90 feet. The applicant must provide their respective portion
of the ROW necessary to follow the alignment shown in the transportation plan as a
public street and utility easement where W Babcock St is adjacent to the property. This
condition will need to be incorporated into the annexation agreement.
13. The applicant must properly abandon the existing on-site septic tank and leach fields
prior to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent for inspection, and the
applicant must report the abandonment to the Gallatin City County Health Department.
In addition to abandonment of the septic tank and leach field, the applicant must
demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
14. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross
contamination. The applicant must contact the City Water and Sewer Superintendent
to inspect the disconnection prior to connection of water service from the house to the
City water system.
15. All final easements provided to the City must be stamped and signed by a professional
surveyor.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2320 West Babcock Annexation Zone Map
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 11 of 44
Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “2320 West Babcock
Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must
be acceptable to the City Engineer’s Office and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent rights-of-way
or street easements, and total acreage of the property to be rezoned, unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable mete and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 – ADVISORY COMMENTS
1. Water efficient landscape ordinance (and associated Landscape and Irrigation Performance
and Design Standards Manual) have been adopted by the Bozeman City Commission.
These revisions to Bozeman’s UDC will ensure that landscapes in future developments use
water more efficiently by placing limits on the amount of turfgrass that can be installed,
requiring high-quality topsoil, and setting standards for how irrigation systems are
designed. To familiarize yourself with these upcoming changes, please visit
https://www.bozeman.net/departments/utilities/water-conservation/new-development-
standards. If the effective date of this ordinance occurs before this project is deemed by
City review agencies as "adequate", then it will be subject to the new code requirements.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could
not be addressed through future development review processes and adopted City Codes.
The City Commission will hold a public meeting on the annexation on July 16, 2024. The
meeting will begin at 6 p.m.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 12 of 44
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 24106.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application that cannot be addressed with adopted standards and requirements for future
development.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on June 17, 2024, and will forward a recommendation to
the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held
in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Remote
electronic participation may also be available. Instructions for participating remotely will be
included on the meeting agenda. The agenda is available in the Events portion of the City’s
website at https://www.bozeman.net/home at least 48 hours prior to the meeting.
The City Commission will hold a public hearing on the zone map amendment on July 16, 2024.
The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave,
Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone
Map Amendment application. Remote electronic participation may also be available.
Instructions for participating remotely will be included on the meeting agenda. The agenda is
available in the Events portion of the City’s website at https://www.bozeman.net/home at least
48 hours prior to the meeting.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the eastern,
southern, and northern sides of the property.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion met. The subject property is wholly surrounded.
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Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion met. The subject property is not currently contracting for services.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
After annexation and
prior to extension of
services
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for development
that proposes to utilize municipal water or sewer systems.
Criterion met. The subject property lies within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans
Subdivision or site plan
review, or approval to
connect
38.410.070,
Municipal water,
sanitary sewer and
storm sewer
systems.
Installation of water
and sewer services
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’
and is within the urban area of the growth policy. See the discussion under Criterion A of
Section 6 of the report for more information on the growth policy.
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Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation continues expansion of city boundaries in a
methodical regular manner. The annexed property will backfill an island of un-annexed
property within city limits.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion met. The property is bounded by a roadway identified in the Bozeman Area
Transportation Plan, 2017 Update as Collector Street, West Babcock Street. The subject
property has not gone through subdivision or site plan review to capture formal street and
utility easements for the construction and maintenance of the street.
Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy
1 to acquire necessary rights-of-way (ROW) to accommodate the development of the street.
Collector streets require a minimum of 90 feet. Upon development these routes must be
constricted pursuant to the City’s design and specifications plans. See Terms of Annexation
No. 12.
There are no Class I trails identified in the recently adopted 2023 Comprehensive Parks,
Recreation, and Active Transportation Plan (PRAT). There is, however, a watercourse, the
West Fork of Catron Creek, that bisects the property. The city has provisions to ensure access
and preservation of all waterways is maintained with further development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400.010
Transportation
facilities and access
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Specifications
Policy
Subdivision or site plan
review
38.400.020, Street
and road dedication
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Specifications
Policy
Subdivision or site plan
review
38.400.050 Street
and road right-of-
way width and
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Subdivision or site plan
review
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construction
standards
Specifications
Policy
38.410.060
Easements
Location and form
of easements
Transportation
Master Plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Goal not met. The subject properties are 2.705 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 9 & 10. The landowner will
consent to this requirement by signature on the annexation agreement.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.410.130 Water
Adequacy
Water rights to serve
new development
Water master plan,
Integrated Water
Facility Plan
Annexation, subdivision
or site plan review
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the
City’s systems.
Per Term of Annexation 6.d and 7, the Annexation Agreement requires notice that the applicant
requires the applicant to design extensions of services to meet the City’s adopted infrastructure
standards. These include provisions for minimum water pressure and volumes, adequate sewer
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flows by volume, gravity flow of sewers, and other standards necessary to protect public health
and safety and ensure functional utilities. Also, as noted in the application submittal water and
sewer stubs to serve the property were installed.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
38.410.070,
Municipal water,
sanitary sewer and
storm sewer
systems.
Installation of water
and sewer services
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
Policy Met. As discussed in Section 5 Goal 7, additional right of way is being included for the
Collector Street of West Babcock Street. See Terms of Annexation 9 - 10.
No Class I trails are designated for the subject property according to the PRAT Plan.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Easements for arterial,
collector street, and
Class 1 Trails with
annexation. All others
with subdivision or site
plan review.
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38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Policy Met. The subject property is planned for Urban Neighborhood. No change to the growth
policy is required. The application includes a request for initial zoning of REMU. See the zone
map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Policy Met. The property is designated “Urban Neighborhood” on the future land use map. A
growth policy amendment is not required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on June 17, 2024. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on July 16, 2024.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Policy Met. The applicant has requested a zoning designation of REMU, Residential Emphasis
Mixed-Use District. See Section 6 of this report for analysis of the requested zoning.
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Policy 6: Fees for annexation processing will be established by the City Commission.
Policy Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Policy Met. The subject property is accessed by West Babcock Street, which is paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Policy Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of Annexation 9 & 10 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.410.130 Water
Adequacy
When water rights
are due and in what
form
Water facility plan
Integrated Water
Facility Plan
Subdivision or site plan
review
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Policy Met. City infrastructure and emergency services are available to the subject property.
The property is located adjacent to existing urban development that is currently served by
Bozeman Fire.
Water and sewer infrastructure is installed on the north side of the property within the West
Babcock Street ROW. Two existing 8-inch poly vinyl chloride sewer mains were previously
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stubbed to the property. A 10-inch ductile iron water pipe is in West Babcock installed through
SID No. 622. Although existing water and sewer stubs are installed additional water and sewer
service will be required as the property develops.
The existing house utilizes an onsite sewer system and an individual well for water. Prior to
development or redevelopment of the site connection to city services is required including
proper abandonment of the septic system. Term of Annexation 13 and 14 ensure these steps
are followed.
Per Term of Annexation 6.a, 6.d, and 7, the Annexation Agreement required to finalize the
requested annexation will require the applicant to design extensions of services to meet the
City’s adopted infrastructure standards. These include provisions for minimum water pressure
and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.270 Completion
of Improvements
When infrastructure
and other
improvements must
be completed with
development
Facility plans and
design standards
applicable to the
particular
improvements
Subdivision or site plan
review
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
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38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Policy Met. City services are not currently being provided to this property. Emergency
connection is not being requested or need at this time. Future development will be required to
hook up to City services. This annexation is not a result of an emergency condition requiring
connection.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Prior to extension of
services
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
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the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Policy Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as required
in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Policy Met. Suggested terms of annexation include a notice that the agreement, once prepared
and provided to the applicant, must be signed, and retuned within the stated period. This policy
will be implemented only if the Commission acts to grant approval. If the application is denied,
then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Policy Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No active road improvement districts are associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Policy Met. The necessary agencies were notified and provided copies of the annexation.
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Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Policy Met. The existing residential structure is being served by an individual well and septic
system. All future development will be required to connect to city services. The individual
systems must be properly severed and abandoned upon development of the site. A term of
annexation requires connection to municipal water and sewer implements this policy. In
conjunction with future connection the septic system must be properly abandoned and the well
disconnected from the domestic supply. Terms of Annexation 8-10 address these issues.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review or approval to
connect
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
After annexation and
prior to extension of
services
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
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safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration
of the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future land use
map is not possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
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limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed-use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the requested REMU district is an implementing
district of the Urban Neighborhood designation.
Except from BCP2020 Future Land Use Map:
The applicant is requesting REMU for the property, which is classified as a commercial and
mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose
of the REMU district is to establish areas within Bozeman that are mixed-use in character
and to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by a
variety of objectives as detailed in Appendix B in this report. In other words, it is a permissive
zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
supported by the REMU district. For example, the precept that urban design should integrate
33
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in residential and commercial land use activities, multimodal transportation, and open spaces
is supported by the REMU district implementation strategies #5. Secondly, precept that a
variety in housing and employment opportunities are essential is supported by the REMU
district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one
another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose
statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable
community by incorporating a holistic approach to the design, construction, and operation of
buildings, neighborhoods, and the City as a whole. Developments should contribute to these
goals and be integrated into their neighborhood and the larger community. This goal is
implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies
are apparent but overall, the REMU district is supportive of the BCP 2020.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the city implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
Staff generally concurs with the analysis intent provided by the applicant. The applicant
provided the following analysis in support of their application.
GOAL N‐1: Support well‐planned, walkable neighborhoods.
OBJECTIVE N‐1.11: Enable a gradual and predictable increase in density in
developed areas over time.
As noted previously, the current county “R” zoning designation for the property
allows for the construction of one single‐family residence per half‐acre, or one duplex
per acre. The proposed amendment to REMU would allow for a significant increase in
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 26 of 44
density on this already developed property that would more closely match densities of
the annexed properties to the north, east, and south.
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.
OBJECTIVE DCD ‐ 2.2: Support higher density development along main corridors
and at high visibility street corners to accommodate population growth and support
businesses.
The proposed amendment from “R” zoning to REMU would allow the property to be
developed in the future at a much higher density than the current triplex on the
property.
This property fronts on and is accessed by West Babcock Street, a city collector, and is
less than 500 feet from the high visibility street corner at the intersection with West
Main Street, a Principal arterial.
The increased development density and mixed‐use opportunities allowed under the
REMU designation will accommodate population growth in the area and provide space
for businesses.
GOAL M‐1: Ensure multimodal accessibility.
OBJECTIVE M‐1.1: Prioritize mixed‐use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity to one another.
The proposed amendment to REMU will move the property from a lower density
residential to a mixed‐use designation. The mixed‐use allowance in REMU will
naturally allow for the development of residential units and businesses on the property.
However, the change will also meet this objective in terms of the surrounding
neighborhoods by increasing the number of residences in proximity to the adjacent
commercial properties and, conversely, providing additional businesses in proximity
to the adjacent residential areas.
In addition, the support offered by the applicant other goals and objectives are furthered by
this application. Such as:
Goal DCD-1: Support urban development within the City.
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The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested RREMU zone will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is adjacent to the City and does not create any new unannexed areas
surrounded by City limits. The property is seeking annexation and municipal zoning for the
purpose of residential development. Annexation is happening before development.
In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding
what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes
the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the
language, themes of housing diversity, inclusion, and equity to serve different housing needs
are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s
development. It is notable that none of the goals and objectives associated with Theme 2 calls
for fixing the character of developed areas in their current status or prohibit the evolution of
an area’s character.
There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do
have physical attributes that help them be distinctive. In this case the presence of watercourse
and sensitive lands there is an opportunity to create unique neighborhoods through a well-
planned subdivision or site plan.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
The proposed amendment does not alter the zoning on any adjacent property and
correspondingly the character of that adjacent property. As noted in other criteria in this report,
the proposed amendment is consistent with the planned development of the area as homes with
an urban intensity. While the application does not further all goals of the BCP 2020, taken as
a whole, the application is supportive of and in accordance with, the BCP 2020.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 28 of 44
B. Secure safety from fire and other dangers.
Criterion Met. The property can be served by the Bozeman Fire Department. Fire protection
water supply will be provided by the City of Bozeman water system. There is an existing
residential structure and associated accessory buildings on the site. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements. The City provides emergency
services to adjacent properties and no obstacles have been identified in extending service to
this parcel.
The property is not within any delineated floodplain. However, there is a water course that
bisects the property that will be addressed with further development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
C. Promote public health, public safety, and general welfare.
Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards
included in Chapter 38, Unified Development Code, building codes, and engineering standards
all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide
for public health through clean water. Rapid and effective emergency response provides for
public safety. The City’s standards ensure that adequate services are provided prior to
construction of homes which advances this criterion. General welfare has been evaluated
during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of
storm water, and other features of the City’s development standards advance the general
welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 29 of 44
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts extensive
planning for municipal transportation, water, sewer, parks, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions and
identify enhancements needed to provide additional service needed by new development. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 30 of 44
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for
any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the
cost of extending services.”
The application site is located well within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. All zoning districts in Bozeman enable a range of
uses and intensities. At the time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
The future development of the area will require dedication and construction of streets,
provision of parks, extension of water and sewer services, and placement of easements for
telecommunication, electric service, and similar dry utilities. As noted in Section 6, Criterion
A, a major transportation corridor, West Babcock Street, serves the site. Development of any
urban zoning or more intensive County zoning district often requires improvements to the
street to the degree demonstrated as necessary during review of the development. As noted
above, the placement of a zoning district does not grant entitlement to construct.
Responsibility to make those connections lies with the developer. Review of future
development will further verify adequate capacity is present and all needed connections can be
provided before any construction may begin. Division 38.420 and Section 38.520.060 require
dedication of parks and on-site open spaces, if required, to meet the needs of residents.
The associated annexation will partially address required compliance with City standards
through the Terms of Annexation in Section 2. Dedication of right of way for arterial and
collector streets is part of the annexation process as is agreement to follow the City’s
development standards. With future development proposals, the applicant must demonstrate
not just possible but actual street networks and utility connections existing or to be constructed
to support the intensity of development proposed. See also Section 6, Criterion F regarding
transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
39
Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 31 of 44
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
The West Fork of Catron Creek runs through the property. The city requires protection of
watercourses, agricultural water conveyance facilities, and any associated riparian and wetland
areas. This requirement applies to all zoning districts. This will support additional light and air
beyond what would otherwise be applicable on the site.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 32 of 44
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which will
include improvements along West Babcock in addition to internal streets required to serve
development.
The City conducts routine transportation monitoring, modeling, and planning to understand
existing conditions and future needs of the transportation system. The 2017 Transportation
Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network,
shows West Babcock Collector Street. The Greater Bozeman Area Transportation Plan 2007
Update, Gallatin County’s adopted transportation plan for this same area, shows the same street
classifications on Figure 2.2. The majority of the street network is filly constructed and with
adequate capacity to handle expected traffic generation from the site.
Due to historical decisions limit the areas compete street grid that supports a dynamic
transportation system. The city has set minimum standards applicable to development to limit
block length, ensure trail and sidewalk connections, and provide streets adequate to carry
traffic projected from development. These standards are not applied at the time of the ZMA
but are implemented during the subdivision and site plan processes required before any
construction may begin. See also Section 6, Criterion D. However, the system that is present
includes multi-model lanes, sidewalks, and nearby trails. Streamline bus service currently
offers two service line near the property: the Gold and Pink lines with bus stops at the
intersection of West Babcock and Main. Streamline bus service map [External Link].
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 33 of 44
The Walk Score is 77. This value is provided by Walk Score, a private organization which
presents information on real estate and transportation through walkscore.com. The algorithm
which produces these numbers is proprietary. A score is not an indication of safety or
continuity of services or routes. Scores are influenced by proximity of housing, transit, and
services and expected ability, as determined by the algorithm, to meet basic needs without
using a car. Sites located on the edge of the community have lower scores than those in the
center of the community as the area is still under development and therefore diversity of uses
is less than in fully established areas. There are no adopted development standards relating to
the walk score. If, as suggested by the applicant, their statement of constructing mixed-use,
may eventually improve these scores.
According to Walk Score® the walks score measures the walkability of any address based on
the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
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G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. The
character of the area is eclectic in use, scale, and building form. The most dissimilar areas are
the islands of un-annexed properties.
Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and commercial.
Further, the Bozeman Community Plan establishes a preferred and compatible development
pattern. “The land use map sets generalized expectations for what goes where in the
community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan P. 51)
Individuals may have widely varying opinions about what constitutes compatibility. To
address this wide variation of viewpoint, Compatible development and Compatible land use
are defined in Article 38.7 BMC to establish a common reference for consideration of this
criterion and application of development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the
goals and objectives of the city's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size;
hours of operation; and integration with existing community systems including water
and sewer services, natural elements in the area, motorized and non-motorized
transportation, and open spaces and parks. Compatible development does not require
uniformity or monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not
limited to, noise, odor, light and the presence of physical hazards such as combustible
or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 35 of 44
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property; which is fallow historic
agricultural land within a rapidly developing area of the City. Likewise, development under
any municipal zoning district will be visually different from adjacent unannexed property. This
is true even if both are used for similar types of housing due to the differences between
municipal and county zoning.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
Staff concludes that although the REMU is less and more intense than some surrounding
zoning, it is compatible urban growth as called for in the growth policy. See also discussion
for Section 6, Criteria A & H.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 36 of 44
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains unaltered. Even though the criterion is most applicable to
text amendments it still must be applied to consideration of zoning map amendments. The
requested zoning meets the requirements of this criterion because, although different, it is
compatible with surrounding zoning and promotes urban growth as called for in the BCP 2020.
The proposed amendment only applies to the Applicant’s property and does not change what
is or is not allowed on adjacent property.
As noted above, the City Commission has discretion within the limits of the State established
criteria in considering the location and geographical extents of a zoning district.
Implementation of zoning must also be in accordance with the adopted growth policy. As noted
in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern.
See discussion in Section 6, Criterion A.
The BCP 2020 includes several objectives applicable to this criteria. These are:
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
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REMU which is mixed-use in character and provides options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. The zone allows great latitude for large scale commercial use as described in
Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site,
there is no restrictions to convenience uses, offices, general service use, short term rentals,
although hotels are limited to 40,000 square feet.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request, there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
See Section 6, Criterion A above for discussion about the application and growth policy and
anticipated change to the character of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
Staff concludes REMU is not significantly or detrimental from or to the surrounding zoning
and is compatible urban growth called for in the growth policy. See also discussion for Section
6, Criteria A, G, and F.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
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38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
the growth policy. The proposed REMU zoning designation is suitable for the property’s
location and adjacent uses.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
J. Conserving the value of buildings.
Neutral. The existing residential structures will remain until further development necessitates
its demise. Development of the site will likely increase building values in the area, including
the County inholding, by adding additional demand for goods and services, connecting and
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completing the transportation network, and through the minimum standards of the REMU
district nine implantation strategies.
Future development is not known at this juncture and will emerge with future development
applications. The permitted uses must conform to the adopted zoning. Adjacent rights-of-way
separate this property from adjacent property and will act as a buffer to the existing
developments. The location of amenities that may increase the value of buildings such as parks,
open space, trails, and value-added assets is undermined.
Any new structures at the site will be required to meet setback and other protective
requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential
negative impacts to the value of surrounding buildings and properties. As described in earlier
criteria, the proposed zoning is compatible with existing buildings on adjacent properties and
does not create any new situations not in compliance with municipal code.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is access
to the city’s services, including streets, thus is able to support a higher intensity of uses as
allowed within the REMU zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Residential”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 40 of 44
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.
A zoning protest means that a least 25 percent of the property owners within the 150 feet
buffer area have formally “protested” the proposed zoning. A protest does not mean the
proposed zoning cannot be approved. It means the review authority, the City Commission,
vote as a super majority to overcome the protest. State law does not differentiate between
residents of the city or not. For the Bozeman Commission with five (5) Commissioners,
four (4) would need to vote for the application. A vote of 3:2 would mean the zoning
request would fail.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on May 11 and 18, 2024. The notice
was posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was provided at least 15 working days
and not more than 45 days prior to any public hearing.
No public comment has been received as of the production of this report.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and
to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished
by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 42 of 44
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020
correlates zoning districts with the Growth Policy’s land use categories, demonstrating that
the proposed zoning designation of REMU correlates with the Growth Policy’s future land
use designation of “Residential Mixed-Use”.
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Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 44 of 44
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Luke Welborn, Box 6507, Bozeman, MT 59771
Applicant: White Mountain Engineering, Box 888, Belgrade, MT 59714
Representative: White Mountain Engineering, Box 888, Belgrade, MT 59714
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. Application documents can be viewed at the following
web link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=288485&dbid=0&repo=BOZEMAN
53
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Interim Director
SUBJECT:2024 Annual Growth Policy Implementation Report
MEETING DATE:June 17, 2024
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive report
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:A growth policy addresses state required subjects, identifies community
vision for future of the community, and looks at trends in the community. It
is the foundation document for land use regulations. The City adopted its
first growth policy in 1958.
The City Commission adopted the Bozeman Community Plan 2020 in
November 2020. The implementation chapter of the plan calls for an annual
report on actions taken to implement the plan. The plan has seven themes
with many associated policies and objectives. The attached report is a
summary of all implementation to date with actions taken during the July 1,
2023 to June 30, 2024 reporting period being shown in purple italic text.
This report is separate from the dashboard that tracks plan metrics with a 1-
3 year time range.
Several significant implementation related actions occurred in the reporting
period including completion of the new Parks, Recreation, and Active
Transportation Plan, adoption of updated regulations for water
conservation, and progress on the update to the Unified Development Code.
UNRESOLVED ISSUES:None, this report describes actions already taken.
ALTERNATIVES:None, this report is not proposing alternative actions.
FISCAL EFFECTS:None.
Attachments:
54
2024 Annual Growth Policy Implementation Report.pdf
Report compiled on: June 13, 2024
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BOZEMAN COMMUNITY PLAN 2020 ANNUAL IMPLEMENTATION REPORT
July 1, 2023 – June 30, 2024
The Bozeman City Commission adopted the Bozeman Community Plan 2020 on November 17, 2020. The
plan includes many policies to guide public and private actions. Chapter 4 addresses implementation of
the Bozeman Community Plan 2020. To observe and monitor plan effectiveness, the plan calls for an
annual report on actions taken to implement the plan. This report fills that requirement and covers
actions taken between July 1, 2023 – June 30, 2024.
The plan horizon is 20 years. The plan will be reviewed five years after adoption and updated as needed.
Implementation of the plan occurs through a wide variety of City and partner organization actions. Plan
implementation may be a one-time action or on-going work. This report covers two elements of the
plan.
1) Short-term action list - A group of actions drawn from the objectives of the plan (pasted below for
reference). Each item advances a range of objects and represent items the Planning Board (now the
Community Development Board) considered important priorities. Responses to the action items are
presented in the detailed descriptions of implementation actions for each objective, starting on
page 2.
2) Goals & Objectives - An item-by-item response for each objective. If no specific action is listed then
no individual action has been taken on that item so far, or actions taken were not provided to
Community Development.
Italics with purple font color in the Implementation Actions column indicate work that occurred
during the reporting period of July 1, 2023 – June 30, 2024
3) Plan metrics - Targets for each indicator are measured over time ranges of one to three years. The
City has established an online dashboard to track and report on progress for these indicators.
SECTION 1. SHORT-TERM ACTION LIST
The Bozeman Community Plan 2020 identifies many actions and objectives to address the listed goals.
Many actions are ongoing. Some are specific shorter-term actions to implement this Plan. The following
list is not listed in any order of priority and is drawn from those shorter-term actions listed in Chapter 2.
For details on implementation of each short-term action see the referenced objectives in Section 2 of
this report.
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1. Review potential upzoning to implement objectives N-1.1, N-1.2, and N-1.4.
2. Evaluate zoning map changes needed to implement objectives N-1.3, N-2.1, N-2.2, and N-3.9
consistent with factors identified in Chapter 5, Zoning Amendment Review.
3. Evaluate design standards as identified in objectives N-1.7 and N-2.4. Buildings are to be capable of
serving an initial residential purpose and be readily converted to commercial uses when adequate
market support for commercial services exists.
4. Evaluate revisions to maximum building height limits in multi-household, commercial, industrial, and
mixed-use zoning districts to account for revised building methods, building code changes, and the
effect of incremental changes on meeting goals of this plan as noted in objective DCD-2.4.
5. Update land development standards to implement the Integrated Water Resources Plan as
identified in objective EPO-3.5.
6. Identify missing links in the multimodal system, prioritize those most beneficial to complete, and
pursue funding for completion of those links as noted in objectives M-1.4, M-1.9, and M-1.11.
7. Evaluate parking requirements and methods of providing parking as part of the overall
transportation system for and between districts as noted in objective M-1.12.
8. Revise current intersection level of service design standards to multimodal level of service or traffic
stress for people walking, biking, and using transit as identified in objective M-1.3.
9. Prepare for establishment of a Metropolitan Planning Organization, anticipated to be required after
the completion of the 2020 US Census and noted in objective RC-1.6.
10. Establish standard practices for sharing development application information and exchanging
comments between the City and County as identified in objective RC-3.5.
11. Revise the zoning map to harmonize with the future land use map as noted in objectives N-1.3, N-
2.1, N-2.2, EE-1.6, and RC-4.4.
12. Update the UDC to reflect density increases or minimums within key districts as noted in objectives
DCD-1.4, EPO-1.6, and RC-4.4.
13. Retain firm that specializes in form-based development codes to evaluate the City's UDC, especially
with regard to completing the transition to a form-based code and simplification so that it can be
understood by the general public and consistently applied by planning staff.
14. Work with partner organizations to implement EPO-1.5 to identify and reduce impacts on
environmentally sensitive areas.
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SECTION 2. PLAN THEMES, GOALS, AND OBJECTIVES
THEME 1: A RESILIENT CITY | GOALS, OBJECTIVES, AND ACTIONS
Our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans
and policies to enable our community to successfully ride the waves of change.
Goal R-1: Continue to strengthen and develop resilience
as a community.
Implementation Actions
R-1.1. Be reflective: use past experience to inform future
decisions.
Experience in existing code and plan
usage does and will inform amendments
to improve processes and standards.
R-1.2. Be resourceful: recognize alternative ways to use
resources.
R-1.3. Be inclusive: prioritize broad consultation to
create a sense of shared ownership in decision making.
The Engage Bozeman community input
tool was created and is in use for the
ongoing UDC update. The UDC update
expanded public outreach to Spanish
language materials and input brochure
techniques not previously used.
https://engage.bozeman.net/udc
R-1.4. Be integrated: bring together a range of distinct
systems and institutions.
UDC update is underway and cross
issue/department coordination is part of
that, e.g., climate action plan and water
conservation plan implementation
coordination.
R-1.5. Be robust: well-conceived, constructed, and
managed systems.
The PRAT plan was adopted fall 2023 and
updated park and related system
priorities The City adopted the 2023
Water Conservation and Efficiency Plan.
The wastewater plan update is in
development to support sewer systems.
R-1.6. Be redundant: spare capacity purposefully created
to accommodate disruption.
Annual CIP and utility maintenance
provides robust infrastructure that can
service a wide range of development
alternatives and short term disruption
responses.
R-1.7. Be flexible: willingness and ability to adopt
alternative strategies in response to changing
circumstances.
Analysis of water conservation options –
City Commission work session completed
Feb. 15, 2022. Code amendments were
developed for public review and approved
by the Commission in April 2024.
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Goal R-2: Pursue community decisions in a manner that
supports resilience.
Implementation Actions
R-2.1. Co-Benefits: Provide solutions that address
problems across multiple sectors, creating maximum
benefit.
UDC update is underway and cross issue
coordination is part of that, e.g. climate
action plan and water conservation plan
implementation coordination as well as
growth policy.
R-2.2. High Risk and Vulnerability: Ensure that strategies
directly address the reduction of risk to human well-
being, physical infrastructure, and natural systems.
Adopted Ordinance 2057 in March 2021
to update floodplain regulations to best
practices.
R-2.3. Economic Benefit-Cost: Make good financial
investments that have the potential for economic
benefit to the investor and the broader community both
through direct and indirect returns.
Annual capital improvement program
coordinates funding sources and
construction to create best value
outcomes in conjunction with community
priorities and plans such as supporting
compact development and
redevelopment.
R-2.4. Social Equity: Provide solutions that are inclusive
with consideration to populations that are often most
fragile and vulnerable to sudden impacts.
PRAT plat update and UDC update
project used new outreach tools to reach
to multiple languages and user groups
less frequently engaged in planning
processes locally. Adopted new
incentives based affordable housing
program to conform to state law
changes. Adopted planned development
zone supporting affordable housing and
sustainable project design.
R-2.5. Technical Soundness: Identify solutions that
reflect best practices that have been tested and proven
to work in similar local or regional contexts.
UDC update is underway and
incorporates local and regional lessons
and best practices. Water conservation
amendments are based on best practice
learning from around the west.
R-2.6. Innovation: Advance new approaches and
techniques that will encourage continual improvement
and advancement of best practices.
UDC update is underway and cross issue
coordination is part of that work.
R-2.7. Adaptive Capacity: Include flexible and adaptable
measures that consider future unknowns of changing
climate, economic, and social conditions.
Annual CIP and utility maintenance
provides robust infrastructure that can
service a wide range of development
alternatives. UDC update is underway
and includes additional latitude and
authority for on-site and shared power
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generation. City is researching updates to
wetland regulations to account for
changed federal regulations and local
needs.
R-2.8. Harmonize with Existing Activity: Expand,
enhance, or leverage work being done to build on
existing efforts.
Water Conservation and Efficiency Plan
adopted in 2023. Water conservation
code amendments in review spring 2024
build on over a decade of water
conservation planning work.
R-2.9. Long-Term and Lasting Impact: Create long-term
gains to the community with solutions that are replicable
and sustainable, creating benefit for present and future
generations.
Analysis of water conservation options –
City Commission work session completed
Feb. 15, 2022. Code amendments were
developed for public review and approved
by the Commission in April 2024.
THEME 2: A CITY OF UNIQUE NEIGHBORHOODS | GOALS, OBJECTIVES, AND ACTIONS
Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality
housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.
Goal N-1: Support well-planned, walkable
neighborhoods. Implementation Actions
N-1.1. Promote housing diversity, including missing
middle housing.
Incentives for affordable housing
including missing middle housing
adopted in Oct. 2022 with Ordinances
2105 and 2011. Ongoing UDC update is
evaluating district and standard changes
for consideration in 2024.
N-1.2. Increase required minimum densities in
residential districts.
UDC update is underway and
reevaluation of minimum densities is part
of that work.
N-1.3. Revise the zoning map to lessen areas exclusively
zoned for single-type housing.
UDC update includes consolidation of
districts that will implement this.
N-1.4. Promote development of accessory dwelling units
(ADUs)
Ord. 2011 created 38.320.070 which
includes additional flexibility for creating
ADUs. Ord. 2091 authorized ground level
ADUs and removed ADU parking
requirements.
N-1.5. Encourage neighborhood focal point development
with functions, activities, and facilities that can be
sustained over time. Maintain standards for placement
Many neighborhood focal points are
parks. The PRAT plan which considers
best features and functions for parks was
updated and adopted in Fall 2023.
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of community focal points and services within new
development.
N-1.6. Encourage urban agriculture as part of focal point
development, in close proximity to schools, and near
dense or multi-unit housing.
UDC update draft includes urban
agriculture uses and standards for
evaluation.
N-1.7. Review and where appropriate, revise block and
lot design standards, including orientation for solar
power generation throughout city neighborhoods.
Lot and block standards were reviewed in
2022 as part of evaluating potential edits
to the UDC.
N-1.8. Install, replace, and maintain missing or damaged
sidewalks, trails, and shared use paths.
City has pursued grants for funding and
completed missing path sections along N.
19th Avenue. A gap analysis for the
ped/bike network has been contracted
and starts in May 2024.
N-1.9. Ensure multimodal connections between adjacent
developments
a) 38.520.040 and other code sections
require connections. This code is applied
with all appropriate development.
b) Engineering staff and the TDM
Coordinator routinely review
development applications for best
practices as well as standards and code
adopted by the City.
N-1.10. Increase connectivity between parks and
neighborhoods through continued trail and sidewalk
development. Prioritize closing gaps within the network.
This issue is included in the scope of the
Parks, Recreation, and Active
Transportation Plan [PRAT] (adopted in
Sept 2023) with a focus on establishing
an understanding of priority routes to
parks and open space amenities and
facilities in addition to identifying missing
connections, and creating a
comprehensive wayfinding plan.
N-1.11. Enable a gradual and predictable increase in
density in developed areas over time.
Ord. 2011 adopted in Oct 2022 provides
additional flexibility for small infill
development that creates additional
homes. After due public process 18 Zone
Map Amendments were approved
increasing allowed intensity of
development on previously zoned
property. Three were completed during
the reporting period.
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N-1.12. Encourage major employers to provide
employee housing within walking/biking distance of
place of employment.
The Transportation Demand
Management (TDM) plan has a provision
to focus on programmatic and
educational outreach and engagement to
reach out to workplaces to encourage
them to support staff using active modes
and alternative work environments (e.g.,
work from home), in turn making
employment and housing more flexible.
Goal N-2: Pursue simultaneous emergence of
commercial nodes and residential development
through diverse mechanisms in appropriate locations.
Implementation Actions
N-2.1. Ensure the zoning map identifies locations for
neighborhood and community commercial nodes early
in the development process.
Correspondence between the future land
use map and the zoning map provide this
surety.
N-2.2. Revise the zoning map to support higher intensity
residential districts near schools, services, and
transportation.
Applications for zone map amendments
increasing allowed intensity were
approved during this reporting period.
N-2.3. Investigate and encourage development of
commerce concurrent with, or soon after, residential
development. Actions, staff, and budgetary resources
relating to neighborhood commercial development
should be given a high priority.
N-2.4. Evaluate design standards. Encourage
development in appropriate districts of buildings that
are capable of serving an initial residential purpose and
be readily converted to commercial uses when adequate
market support for commercial services exists.
UDC update includes review of design
standards.
N-2.6. Ensure that new development includes
opportunities for urban agriculture, including rooftop
and home gardens, community gardens, or urban farms.
Included with ongoing UDC update and
replacement
Goal N-3: Promote a diverse supply of quality housing
units. Implementation Actions
N-3.1. Establish standards for provisions of diversity of
housing types in a given area.
N-3.2. Review zoning districts to assess the range of
housing types in each district.
Included for public review and comment
with UDC update and replacement.
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N-3.3. Encourage distribution of affordable housing units
throughout the City with priority given to locations near
commercial, recreational, and transit assets.
Zoning map decisions have expanded
locations where LIHTC can practically be
constructed to all community quadrants.
Adopted affordable housing incentives in
38.380.030 are available anywhere in the
community. Several Low Income Housing
Tax Credit projects have been completed
or are under construction and more are
in the design, review, and permitting
phase. Sites are in all quadrants of the
community.
N-3.4. Require development of affordable housing
through coordination of funding for affordable housing
and infrastructure.
City coordinated $5M grant funding
support to construct a sewer lift station
in exchange for a land dedication for
affordable housing. Extension of N 15th
Avenue with city funding to required lot
frontage for a LIHTC 155 home project,
and to meet transportation connectivity
requirements for a senior living and a 2nd
LIHTC project totaling 232 homes.
N-3.5. Strongly discourage private covenants that restrict
housing diversity or are contrary to City land
development policies or climate action plan goals.
City Commission identified creation of
sample covenants as a priority for the
2022-2023 work period. A work session
was held on November 15, 2022. Final
draft model covenants were presented to
commission on November 21, 2023.
N-3.6. Include adequate residentially designated areas
for anticipated future housing in the future land use
map.
The future land use map provides the
necessary area shown as needed in
Appendix D of the growth policy.
N-3.7. Support compact neighborhoods, small lot sizes,
and small floor plans, especially through mechanisms
such as density bonuses.
Included for public review and comment
with UDC update and replacement.
N-3.8. Promote the development of "Missing Middle"
housing (side by side or stacked duplex, triplex, live-
work, cottage housing, group living,
rowhouses/townhouses, etc.) as one of the most critical
components of affordable housing.
Additional flexibility in location and
design are Included for public review and
comment with UDC update and
replacement.
N-3.9. Ensure an adequate supply of appropriately
designated land to accommodate Low Income Housing
Tax Credit development in qualifying census tracts.
Zoning is in place. Qualifying census tract
designation is outside of the City’s
control. Revisions happened with release
with the 2020 Census information.
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Goal N-4: Continue to encourage Bozeman’s sense of
place. Implementation Actions
N-4.1. Continue to recognize and honor the unique
history, neighborhoods, neighborhood character, and
buildings that contribute to Bozeman’s sense of place
through programs and policy led by both City and
community efforts.
Updates to the historic preservation
program are underway. A consultant has
been selected to assist and the project is
kicking off in spring 2024
N-4.2. Incorporate features, in both public and private
projects, to provide organization, structure, and
landmarks as Bozeman grows.
N-4.3. Revise Design Guidelines within the Conservation
Overlay District to distinguish Downtown from the
residential neighborhoods, to encourage neighborhoods
and neighborhoods near transition areas, both north and
south of Downtown.
N-4.4. Ensure an adequate supply of off-leash facilities to
meet the demand of Bozeman dog owners.
This issue is included in the scope of the
Parks, Recreation, and Active
Transportation Plan [PRAT] (adopted in
Sept 2023).
THEME 3: A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY DISTRICTS | GOALS,
OBJECTIVES, AND ACTIONS
Our City is bolstered by our Downtown, Midtown, University and other commercial districts and
neighborhood centers that are characterized by higher densities and intensities of use.
Goal DCD-1: Support urban development within the
City.
Implementation Actions
DCD-1.1. Evaluate alternatives for more intensive
development in proximity to high visibility corners,
services, and parks.
Evaluation of building height transitions
and impact mitigation is part of overall
UDC update.
DCD-1.2. Remove regulatory barriers to infill. Ord. 2011 adopted in Oct 2022 provides
additional flexibility for small infill
development that creates additional
homes. Definition of infill was adopted as
part of Ord. 2011. After due public
process 18 Zone Map Amendments were
approved increasing allowed intensity of
development on previously zoned
property. Three zone map amendments
that allowed increased intensity of
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development on existing sites were
completed during the reporting period.
DCD-1.3. Work with state regulatory agencies and the
legislature to remove disincentives in state law and
regulations to municipal development.
Staff engages with state rule making and
agencies to identify disincentives and
advocate for changes to support
equitable application of the laws. This is
an ongoing activity.
DCD-1.4. Update the Unified Development Code (UDC)
to reflect density increases or minimums within key
districts.
Minimum density requirement changes
were directed by City Commission during
work session. Included for public review
and comment with UDC update and
replacement.
DCD-1.5. Identify underutilized sites, vacant, and
undeveloped sites for possible development or
redevelopment, including evaluating possible
development incentives.
The City’s annual land use inventory is
available online and can be cross
connected to zoning to identify possible
sites.
DCD-1.6. Investigate expansion of existing or creation of
new urban renewal areas to encourage redevelopment
of key properties.
The Pole Yard District was created in
December 2020.
DCD-1.7. Coordinate infrastructure construction,
maintenance, and upgrades to support infill
development, reduce costs, and minimize disruption to
the public.
This is part of daily work activities across
multiple departments. Annual Capital
Improvement Program (CIP)
development formalizes these
evaluations.
DCD-1.8. Collaborate with the Montana State University
School of Architecture and the Sustainable Foods and
Bioenergy Systems department to develop educational
materials and opportunities for local architects,
community planners, and citizens on how to do quality
urban design for infill and greenfield sites.
DCD-1.9. Promote mixed-use developments with access
to parks, open space, and transit options.
Update of standards for planned unit
development (Ord 2104) includes
method to remove property from
existing PUD and use current zoning
which is more favorable so such projects.
City has approved upzonings and initial
zonings for REMU and other districts that
support mixed use development. The
PRAT Plan (adopted fall 2023) address
access to parks, open space, and the
provision for transit options. In addition,
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the plan will explore the “level of
comfort” associated with accessing these
spaces throughout the community.
DCD-1.10. Support University efforts to attract
development near campus.
Reviewed and approved MSUIC PDZ
spring 2024.
DCD-1.11. Pursue annexations consistent with the future
land use map and adopted facility plans for development
at urban intensity.
Privately initiated annexations consistent
with this goal are encouraged.
City is not initiating annexations
currently. The City has approved all
requested annexations during the
reporting period.
DCD-1.12. Prioritize the acquisition and/or preservation
of open space that supports community values,
addresses gaps in functionality and needs, and does not
impede development of the community.
Resolution 5353 authorized purchase of
12 acres to expand Burke Park. City
completed purchase of the southern end
of Burke Park in early spring 2022. The
PRAT plan was completed in fall 2023
and includes park design and recreation
guidelines and policies to align with
relevant Climate Plan priorities.
DCD-1.13. Pursue acquisition and development of
diverse water sources and resources.
This is on-going work for the Engineering
division. Planning and testing for a well
field on the west side of town is an active
project.
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.
Implementation Actions
DCD-2.1. Coordinate infrastructure development, land
use development, and other City actions and priorities
through community planning.
This is part of daily work activities across
multiple departments. CIP development
formalizes these evaluations.
DCD-2.2. Support higher density development along
main corridors and at high visibility street corners to
accommodate population growth and support
businesses.
Projects advancing this objective and
consistent with adopted standards have
been approved as their review was
completed.
DCD-2.3. Review and update minimum development
intensity requirements in residential and non-residential
zoning districts.
City Commission directed increase at
work session on districts during UDC
update. Work is ongoing.
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DCD-2.4. Evaluate revisions to maximum building height
limits in all zoning districts to account for contemporary
building methods and building code changes.
Ordinance 2070 amending residential
building heights took effect in July 2021.
UDC update considers changes to how
heights are measured and proposes
increased heights in some commercial
districts, review continues.
DCD-2.5. Identify and zone appropriate locations for
neighborhood-scale commercial development.
Locations are identified in the future land
use map in the growth policy. Zoning
occurs with new annexations.
DCD-2.6. Evaluate and pursue joint mitigation of
development impacts across multiple developments.
Urban Renewal Districts established to
provide infrastructure create a tool to
share impact mitigation. MSUIC PDZ
approved to coordinate mitigation from
multiple building projects within the
boundary of the MSUIC PDZ.
DCD-2.7. Encourage the location of higher density
housing and public transit routes in proximity to one
another.
DCD-2.8. Revise the zoning ordinance, reducing the
number of zoning districts to be more consistent with
the designated land use classifications, to simplify the
development process, and support affordability
objectives of the plan.
Adopted new planned development zone
and affordable housing incentives. UDC
update is further evaluating district
consolidation.
DCD-2.9. Evaluate increasing the number of stories
allowed in centers of employment and activity while also
directing height transitions down to adjacent
neighborhoods.
Change to height allowances in
commercial zones and transition
standards is ongoing as part of the UDC
update.
Goal DCD-3: Ensure multimodal connectivity within the
City.
Implementation Actions
DCD-3.1. Expand multimodal accessibility between
districts and throughout the City as a means of
promoting personal and environmental health, as well as
reducing automobile dependency.
The Park Recreation and Active
Transportation plan adopted in fall 2023
evaluates locations and design standards
for multimodal travel ways.
DCD-3.2. Identify missing links in the multimodal system,
prioritize those most beneficial to complete, and pursue
funding for completion of those links.
Opportunities will be investigated, where
applicable, during plan review and in the
CIP development process, on an ongoing
basis.
The Park Recreation and Active
Transportation plan adopted in fall 2023
partially address these missing links. The
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City obtained federal funding for closing
gaps in the N 19th Ave pathway and along
Valley Center. The Engineering division is
undertaking a ped/bike gap analysis
project in spring 2024.
DCD-3.3. Identify major existing and future destinations
for biking and walking to aid in prioritization of route
planning and completion.
The Park Recreation and Active
Transportation plan adopted in fall 2023
identifies priority routes and destinations.
DCD-3.4. Support implementation of the Bozeman
Transportation Master Plan strategies.
Chapter 5 of the Transportation Master
Plan supports walk, bike, car share,
linked trips, and mixed-use policies to
reduce travel demand. The PRAT plan,
and UDC standards allow for or actively
support these policies. The UDC update
now in public review updates intersection
level of service standards and traffic
studies. The zoning districts support
mixed-uses.
DCD-3.5. Encourage increased development intensity in
commercial centers and near major employers.
Tax increment districts support
redevelopment within their boundaries.
The UDC update now in public review
revises commercial building heights and
parking that support this objective.
DCD-3.6. Evaluate parking requirements and methods of
providing parking as part of the overall transportation
system for and between districts.
City Commission directed consolidation
of non-residential parking requirements
at Feb 2023 UDC work session. The City
Commission considered active parking
management in the Downtown area. The
UDC update now in public review revised
parking requirements.
Goal DCD-4: Implement a regulatory environment that
supports the Community Plan goals.
Implementation Actions
DCD-4.1. Ensure that the Planning Department is
supported with the resources required to effectively
implement this plan, to dedicate staff to long range and
regional planning efforts, and to process development
applications expeditiously.
DCD-4.2. Continuously invite and give due consideration
to the input of design and development professionals in
The City meets with design professionals
in a regular monthly meeting, and has
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the improvement of the city's project evaluation
processes and development code.
also sought their input during the UDC
update.
DCD-4.3. Complete the transition to a form-based code
and simplification so that it can be understood by the
general public and consistently applied by planning staff.
Code Studio is contracted to support the
UDC update and has completed several
public outreach efforts to gather
information and draft a more user
friendly code. The UDC update now in
public review simplifies language used,
rearranges document flow for clarity,
adds graphics, and makes the standards
easier to understand. Additional form
based elements are included.
DCD-4.4. Differentiate between development and
redevelopment. Allow relaxations of code provisions for
developed parcels to allow redevelopment to the full
potential of their zoning district.
Ordinance 2011 adopted a definition of
infill. The UDC update includes several
revisions to simplify redevelopment.
THEME 4: A CITY INFLUENCED BY OUR NATURAL ENVIRONMENT, PARKS, AND OPEN LANDS | GOALS,
OBJECTIVES, AND ACTIONS
Our City is home to an outdoor-conscious population that honors and protects our natural environment
and our well-managed open space and parks system.
Goal EPO-1: Prioritize strategic acquisition of parks to
provide a variety of recreational opportunities
throughout the City.
Implementation Actions
EPO-1.1. Coordinate the location of existing and future
parks to create opportunities for linear parks to connect
larger parks. Prioritize quality locations and features in
parks over quantity of parks.
Final locations for trails are set during
development review with easements as
needed. The PRAT Plan adopted in fall
2023 provides guidance for priority
routes and development standards.
EPO-1.2. Collaborate with partner agencies and
organizations to establish sustainable funding sources
for ongoing acquisition, construction, and operations of
City parks, trails, gardens, and open space.
EPO-1.3. Incorporate unique and inclusive recreational
and artistic elements into parks.
This is an operational issue addressed
with plans for individual parks.
EPO-1.4. Research and implement multi-use features
within parks to promote increased use and visitation.
Wherever possible, parks are connected to multi-modal
This is an operational issue addressed
with plans for individual parks.
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transportation options and accessible for people with
disabilities.
EPO-1.5. Work with partner organizations to identify and
reduce impacts on at-risk, environmentally sensitive
areas that contribute to water quality, wildlife corridors,
or wildlife habitat, specifically wildlife habitat as we
continue outward growth.
a) Sensitive lands protection plan was
completed and accepted by the City
Commission in December 2023.
b) Community Development funded
creation of an updated streams and
ditches GIS layer that will help with early
identification of protected waters. Data
has been collected and is being mapped.
EPO-1.6. Upon completion of an update to the City’s
park master plan, review standards of the UDC for
adequacy and update, as needed, to coordinate with
development review standards and practices.
The PRAT Plan was adopted in fall 2023.
Standards update will follow completion
of the plan.
Goal EPO-2: Work to ensure that development is
responsive to natural features.
Implementation Actions
EPO-2.1. Where appropriate, activate connections to
waterways by creating locations, adjacent trails, and
amenities encouraging people to access them.
This is an operational issue addressed
with plans for individual parks.
EPO-2.2. Work with the U.S. Army Corps of Engineers to
keep wetlands mitigation within the Gallatin Valley
rather than locating to other watersheds.
The Engineering division has been tasked
with investigating this option. Recent US
supreme court decision has changed
scope of Corps authority over wetlands.
Draft amendments to municipal code are
being prepared.
EPO-2.3. Identify, prioritize, and preserve key wildlife
habitat and corridors.
Sensitive lands protection plan was
completed and accepted by the City
Commission in December 2023.
Goal EPO-3: Address climate change in the City’s plans
and operations.
Implementation Actions
EPO-3.1. Support development of maintenance
standards including sidewalk clearing, sidewalk surfaces,
bike lanes, and procedures for consistent
implementation.
EPO-3.2. Ensure complete streets and identify long-term
resources for the maintenance of year-round bike and
multi-use paths to improve utilization and reduce annual
per capita vehicle miles traveled.
Appropriate complete street elements
were included as part of the UDC update
(ongoing) and in the update to the
Engineering Design Standards (ongoing).
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EPO-3.3. Support water conservation, use of native
plants in landscaping, and development of water reuse
systems.
Code amendments were developed by the
Water Conservation division and adopted
by the City Commission in May 2024
which advance this objective.
EPO-3.4. Review and update landscape and open space
standards for public and private open spaces to reduce
water use. Likewise, review and update standards for
reuse systems.
Code amendments were developed by the
Water Conservation division and adopted
by the City Commission in May 2024.
EPO-3.5. Update land development standards to
implement the Integrated Water Resources Plan.
Code amendments were developed by the
Water Conservation division and adopted
by the City Commission in April 2024.
EPO-3.6. Review and revise stormwater standards to
address changing storm profiles.
Stormwater standards are being
addressed in the Engineering Design
Standards update now underway.
Stormwater post-construction facilities
maintenance is being addressed in the
Stormwater Facilities Plan now being
updated.
EPO-3.7. Review and update development regulations to
implement facility and service plans when those plans
are updated.
This is an ongoing effort as each plan is
updated. An update to the sewer facility
plan is presently underway. The PRAT
plan was adopted last fall. Amendments
as needed will follow completion.
EPO-3.8. In coordination with the Sustainability Division,
provide public education on energy conservation and
diversified power generation alternatives.
EPO-3.9. Integrate climate change considerations into
development standards.
Stormwater standards are being
addressed in the Engineering Design
Standards update now underway.
Stormwater post-construction facilities
maintenance is being addressed in the
Stormwater Facilities Plan now being
updated.
EPO-3.10. Inclusion of community gardens, edible
landscaping, and urban micro-farms as part of open
spaces outside of watercourses and wetlands in
subdivisions is encouraged where appropriate.
The PRAT plan adopted last fall discusses
community gardens within public parks
as a priority. The UDC update includes
provisions for urban agriculture.
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EPO-3.11. Support resource conservation through
recycling, composting, and other appropriate means.
The Solid Waste Division operates a
recycling service, has completed a pilot
composting project, and continues to
investigate steps to advance this
objective.
Goal EPO-4: Promote uses of the natural environment
that maintain and improve habitat, water quantity,
and water quality, while giving due consideration to
the impact of City regulations on economic viability.
Implementation Actions
EPO-4.1. Eliminate reliance on private maintenance of
public infrastructure, including public parks, trail
systems, and stormwater facilities. Identify a sustainable
and reliable public funding source for this infrastructure.
Electors approved formation of a park
and trail maintenance district in May of
2020. Implementation is ongoing.
EPO-4.2. Update floodplain and other regulations that
protect the environment.
The Engineering Division has been tasked
with reviewing wetland regulations.
Recent US Supreme Court decisions have
changed the legal standards for
wetlands.
EPO-4.3. Pursue an inter-jurisdictional effort to establish
baseline information on air quality trends and enhance
monitoring facilities.
EPO-4.4. Collaborate with other Montana cities working
with regulatory agencies to establish fair and
technologically feasible water treatment standards.
Department of Utilities staff are engaged
with the Montana League of Cities and
DEQ on review of draft water treatment
standards.
EPO-4.5. Complete the update for an integrated Hazard
Management and Mitigation Plan.
The updated plan was approved by
Resolution 5256 in 2021.
EPO-4.6. Develop a plan to mitigate conflicts between
humans and wildlife through the use of proactive, non-
lethal measures.
The Solid Waste Division completed a
bear resistant contain pilot test and is
now expanding availability of bear
resistant totes. A grant was obtained to
reduce costs to the City.
THEME 5: A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY | GOALS, OBJECTIVES, AND ACTIONS
Our City fosters the close proximity of housing, services, and jobs, and desires to provide safe, efficient
mobility for pedestrians, cyclists, transit users, and drivers.
Goal M-1: Ensure multimodal accessibility. Implementation Actions
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M-1.1. Prioritize mixed-use land use patterns. Encourage
and enable the development of housing, jobs, and
services in close proximity to one another.
All zoning districts enable diverse uses.
Most districts specifically authorize
mixed residential and service/
commercial uses. The UDC update
includes revisions to parking
requirements that will make it easier to
construct mixed uses.
M-1.2. Make transportation investment decisions that
recognize active transportation modes and transit as a
priority.
Capital Improvement programming,
prepared annually, includes funding to
close system gaps. The City included
active transportation as part of the PRAT
update (Goal 3). The City engage with the
Urban Transportation District through
the MPO planning process and provides
financial support for transit.
M-1.3. Develop service standard levels for multimodal
travel.
The PRAT plan partially addresses this, as
will revision of engineering standards
(currently underway) and alignment with
other plans and policies.
M-1.4. Develop safe, connected, and complementary
transportation networks for pedestrians, bicyclists, and
users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).
Like other objectives, this will be covered
by the PRAT plan, the CIP, the revisions
of the UDC, and the revision of
engineering standards to be employed
with all private and public projects that
include transportation components or
the opportunity for “affordances” of
concurrent planning and
implementation.
M-1.5. Identify locations for key mobility hubs (e.g.
rideshare drop off/ pick up areas, bike/scooter share,
transit service, bike, and pedestrian connections).
Partially accomplished through the
routing map in the PRAT.
M-1.6. Integrate consideration of rideshare and other
mobility choices into community planning regulations.
The Transportation and Engineering
Department coordinated with private
companies to develop and implement a
plan to manage e-scooters.
M-1.7. Develop a trunk network of high-frequency,
priority transit service connecting major commercial
nodes and coinciding with increased density.
Voters approved creation of an Urban
Transportation District in May 2023. The
UTD is now responsible for creation and
administration of the transit system. The
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UTD participates in the Metropolitan
Planning Organization.
M-1.8. Establish standards and procedures for
placement of bus shelters in City rights of way.
The City has established a memorandum
of understanding for placement of transit
shelters.
M-1.9. Prioritize and construct key bicycle infrastructure,
to include wayfinding signage, connections, and
enhancements with emphasis on completing network
connectivity.
Partially accomplished through the
routing map and design standards in the
PRAT. Construction is planned and
funded through the CIP and budget
systems.
M-1.10. In conjunction with the transportation plan,
work to develop a core network of “AAA” (appropriate
for all ages and abilities) bike routes covering at least 75
percent of households and 75 percent of jobs within ½
mile of the network.
The PRAT plan supports the development
of “AAA” bike routes, including bike
boulevards, buffered bike lanes and off-
street facilities where appropriate or
feasible. The city can investigate grant
opportunities to offset the cost to fund
retrofitting existing facilities. The PRAT
plan will prioritize key off-street routes
and have the provision for how to
provide wayfinding.
M-1.11. Prioritize and construct key sidewalk
connections and enhancements.
The Engineering division is undertaking a
ped/bike gap analysis project in spring
2024.
M-1.12. Eliminate parking minimum requirements in
commercial districts and affordable housing areas and
reduce parking minimums elsewhere, acknowledging
that demand for parking will still result in new supply
being built.
Parking requirements are being
evaluated as part of the UDC update. City
Commission gave direction at a work
session on specific implementation.
M-1.13. Work with community partners to expand the
Main Street to the Mountains network and integrate the
larger community recreational travel network.
The PRAT plan addresses this with Goal 3
in addition to ongoing partnerships with
GVLT and other community organizations
that focus on this network. In addition,
the plan will explore additional sections
of the network, branding and naming.
M-1.14. Identify possible routes for future bicycle and
pedestrian beltway/greenway.
The PRAT plan addresses this with Goal 3.
Goal M-2: Ensure multimodal safety. Implementation Actions
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M-2.1. Work with the Public Works Department, Police
Department, and other partners to provide education on
safe travel behaviors and rules.
Bozeman's Streets Are For Everyone
(SAFE) Plan has been developed,
adopted, and implementation has begun.
M-2.2. Review and, as appropriate, update the City’s
complete streets policy.
Review was completed. Appropriate
elements were included as part of the
UDC update (ongoing) and in the update
to the Engineering Design Standards
(ongoing).
M-2.3. Work with School District #7 and other
community partners in planning and operating safe
routes to local schools.
The City has coordinated with BSD7 and
the Western Transportation Institute to
identify infrastructure improvements as
well as organize a Walking School Bus
program and host several bicycle safety
events.
M-2.4. Encourage the design of school sites to support
walking and biking.
M-2.5. Develop safe crossings along priority and high
utilization pedestrian and biking corridors.
Bozeman's Streets Are For Everyone
(SAFE) Plan has been developed,
adopted, and implementation has begun.
THEME 6: A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND ENTREPRENEURIAL ECONOMY|
GOALS, OBJECTIVES, AND ACTIONS
Our City benefits from and desires to further an expanding economy that is powered by the talents of its
residents, a dedicated and engaged business community, and strong regional partnerships.
Goal EE-1: Promote the continued development of
Bozeman as an innovative and thriving economic
center.
Implementation Actions
EE-1.1. Support the goals and objectives outlined in the
Bozeman Economic Development Strategy.
EE-1.2. Invest in those infrastructure projects that will
strengthen business and higher education communities
as coordinated through the annual capital improvement
plan.
City supported the MSU Innovation
Campus with 3.6M in public
infrastructure support.
EE-1.3. Continue to facilitate live/work opportunities as a
way to support small, local businesses in all zoning
districts.
This calls for continuation of existing
policy and code. No reductions in
emphasis in this area are expected.
EE-1.4. Support employee retention and attraction
efforts by encouraging continued development of
affordable housing in close proximity to large employers.
The City uses a variety of incentives,
financial and others, to encourage
construction of affordable housing.
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EE-1.5. Support expansion of current and emerging
infrastructure technologies including fiber optic service
and other communication infrastructure.
City Engineering has coordinated right of
way encroachments for fiber optic
installation.
EE-1.6. Update the zoning map to correct deficiencies
identified in the annual land use inventory report.
Annual land use report has not identified
deficiencies at this point.
Goal EE-2: Survey and revise land use planning and
regulations to promote and support economic
diversification efforts.
Implementation Actions
EE-2.1. Ensure the future land use map contains
adequate areas of land for anticipated diverse users.
The future land use map in the growth
policy contains enough area to
accommodate all uses identified in the
plan development process.
EE-2.2. Review and revise, or possibly replace, the
Business Park Mixed Use zoning district to include urban
standards and consider possible alterations to the
allowed uses.
This is being reviewed as part of the
overall UDC update.
EE-2.3. Adopt zoning regulations that establish and
define the range of urban agricultural practices,
including vertical farms and other forms of urban
farming, as a permitted or conditional use in appropriate
locations. Urban agriculture can be compatible with a
variety of land use designations shown on the Future
Land Use Map.
This is being reviewed as part of the
overall UDC update.
THEME 7: A CITY ENGAGED IN REGIONAL COORDINATION | GOALS, OBJECTIVES, AND ACTIONS
Our City, in partnership with Gallatin County, Montana State University, and other regional authorities,
desires to address the needs of a rapidly growing and changing regional population through strategic
infrastructure choices and coordinated decision-making.
Goal RC-1: Improve communication and coordination
with Gallatin County, the City of Belgrade, public
schools, and other regional public entities regarding
community planning and associated matters.
Implementation Actions
RC-1.1. Consider regional impacts when making policy
decisions affecting areas outside the City.
a) A joint project between the City,
County, and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
b) A study of water and sewer system
regionalization was completed in 2024.
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c) The City is working with partners
investigating housing issues and possible
solutions throughout the county.
RC-1.2. Coordinate planning activities to promote
consistency throughout the region for parks,
transportation, bus service, and other community
infrastructure.
a) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning.
RC-1.3. Research, understand, and collaboratively
construct infrastructure and transportation
improvements that benefit the region.
a) A study of water and sewer system
regionalization was completed in 2024.
b) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning.
RC-1.4. Participate in regularly scheduled coordination
meetings with Gallatin County and the City of Belgrade
planning departments and planning boards to
coordinate planning issues.
The Planning Coordinating Committee
meets six times per year and hosts
roundtables for shared board
engagement.
RC-1.5. Implement the Triangle Community Plan in
coordination between Bozeman, Belgrade, and Gallatin
County.
RC-1.6. Prepare for establishment of a Metropolitan
Planning Organization, anticipated to be required by
federal law after the completion of the 2020 US Census.
The City and other jurisdictions formed a
Metropolitan Planning Organization to
coordinate transportation planning.
Goal RC-2: Continue and build on successful
collaboration with Gallatin County, neighboring
municipalities, and other agencies to identify and
mitigate potential hazards and develop coordinated
response plans.
Implementation Actions
RC-2.1. Prohibit development in environmentally-
sensitive or hazard-prone areas.
a) Updated floodplain regulations were
adopted in March 2021.
b) A joint project between the City,
County, and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
c) City is researching updates to wetland
regulations to account for changed
federal regulations and local needs.
RC-2.2. Identify effective, affordable, and regionally-
appropriate hazard mitigation techniques through the
Gallatin County Hazard Mitigation and Community
Updated floodplain regulations were
adopted in March 2021.
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Wildfire Protection Plan and other tools. As a group,
annually review the Gallatin County Hazard Mitigation
Plan, and determine the need for updates and
enhancements.
RC-2.3. Along with non-profit and agency partners,
identify, map, and utilize geographic information
systems (GIS) data to locate and monitor developments
on environmentally sensitive and hazard-prone areas.
A watercourse map update project is
underway.
RC-2.4. Review and revise land use regulations and
standards that affect the wildland urban interface to
provide adequate public safety measures, mitigate
impacts on public health, and encourage fiscal
responsibility.
The City has adopted the Wildland Urban
Interface building code appendix.
RC-2.5. Through coordination with non-profit and agency
partners, identify and prioritize lands for acquisition or
placement of conservation easements with the goal of
lessening or eliminating development in environmentally
sensitive areas and/or preserving areas consistent with
the other priorities of this Growth Policy.
A joint project between the City, County,
and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
Goal RC-3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the
City to provide certainty for landowners and taxpayers.
Implementation Actions
RC-3.1. Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife
habitat, and water resources.
a) Gallatin County and City of Bozeman
exchange information on development
proposals which affect each other.
b) Five annexations that are filling in the
holes in the city have been completed
since the last annual report.
RC-3.2. Work with Gallatin County to keep rural areas
rural and maintain a clear edge to urban development
that evolves as the City expands outwards.
Staff coordinate information and
comment on proposed projects and
implications for utility extensions and city
growth.
RC-3.3. Prioritize annexations that enable the
incremental expansion of the City and its utilities.
Resolution 5076 setting annexation
policies advances this objective.
RC-3.4. Encourage annexation of land adjacent to the
City prior to development and encourage annexation of
wholly surrounded areas.
Resolution 5076 setting annexation
policies advances this objective.
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RC-3.5. Establish standard practices for sharing
development application information and exchanging
comments between the City and County.
Resolution 5076 setting annexation
policies advances this objective.
RC-3.6. Develop shared information on development
processes.
RC-3.7. Provide education and information on the value
and benefits of annexation, including existing un-
annexed pockets surrounding the City, to individual
landowners and the community at large. Establish
interlocal agreements, when appropriate, to formalize
working relationships and procedures.
RC-3.8. Coordinate with Gallatin County for siting,
development, and redevelopment of regional parks,
emergency services, fairgrounds, transportation
facilities, interchanges, or other significant regional
services.
a) A study of water and sewer system
regionalization was completed in 2024.
b) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning.
Goal RC-4. Ensure that all City actions support
continued development of the City, consistent with its
adopted Plans and standards.
Implementation Actions
RC-4.1. Enhance collaboration between City agencies to
ensure quality design and innovation across public and
private areas.
The City has implemented ProjectDox
software to support more collaborative
application review across departments.
The same software is used for Building,
Planning, Engineering, and Fire review
processes. Departments are collaborating
on code revisions that address multiple
priorities.
RC-4.2. Further develop reasonable and relevant metrics
for community development within the City’s Planning
Area to determine whether the intent of this Plan is
being accomplished.
The GIS Division has completed and
released for use a growth policy metrics
tracking website.
RC-4.3. Prioritize human well-being and health in the
creation and implementation of land development
standards.
This is part of all code development and
review processes.
RC-4.4. Update the Unified Development Code (UDC) to:
• Implement a twice-yearly code revision cycle.
Identify and make revisions to optimize the UDC
current conditions.
This practice was started. The twice-
yearly cycle is paused during the overall
UDC update.
• Incorporate development minimums in
designated growth areas.
These have been established in
residential zoning districts and are being
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reevaluated with the update of the
Unified Development Code.
• Revise the zoning map to harmonize with the
future land use map.
A draft zoning map was prepared as part
of the UDC update.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Interim Director
SUBJECT:Upcoming Items for the July 1, 2024, Community Development Board
Meeting.
MEETING DATE:June 17, 2024
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 development review items are presently scheduled for the July
1, 2024, Community Development Board meeting:
1. Rest Stop Zone Map Amendment, Application 24185, considered in
capacity as Zoning Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: June 12, 2024
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