HomeMy WebLinkAbout001 - Narrative5532 Fowler Lane
Annexation & Zone Map Amendment
September 2024
5532 Fowler Lane | Annexation & ZMA September 2024 | 2
Table of Contents
Narrative
I. Project Overview
II. Response to Annexation Goals, Policies & Approval Criteria
III. Response to Zone Map Amendment Approval Criteria
IV. Response to Spot Zoning Criteria
Appendices
Appendix A: Vicinity Map
Appendix B: Existing Future Land Use Map
Appendix C: Current Zoning Map
Appendix D: Proposed Zoning Map
Appendix E: Editable Legal Description
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1. Project Team
Owner:
KDG Holdings, LLC
5532 Fowler Lane
Bozeman, MT 59715
Ph: 406-539-6015
Email: grant@bridgerlandgroup.com
Representative:
Intrinsik Architecture, Inc
Attn: Tyler Steinway
106 East Babcock Street, Suite 1A
Bozeman, MT 59715
Ph: 406-582-8988
Email: tsteinway@intrinsikarchitecture.com
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Project Narrative
Executive Summary
The project team is submitting an application for Annexation and Initial Zoning for the 10-acre parcel of
land located in the southwest quadrant of the city adjacent to minor arterial and (future) collector
streets. This parcel is bordered by annexed land to the north and east and is currently designated by the
Community Plan to be Urban Neighborhood.
Project Description
The applicant is requesting to annex a 10-acre parcel, located directly south of the Homestead at Buffalo
Run project, between Fowler Lane and South 31st Avenue, and establish the initial zoning as Residential
High-Density District (R-4). This parcel is located within the Community Plan’s Urban Neighborhood
Designation, which allows R-4 as a compatible implementing zoning district.
This site is defined by Fowler Lane (Minor Arterial) to the west and South 31st Avenue (Local) and
existing parkland to the east. Adjacent to the property (southern boundary) is a currently undeveloped
& unannexed parcel that will eventually form the major intersection of Fowler & Blackwood. The
subject site is also within proximity of other residential communities including Grand Cielo, Homestead
at Buffalo Run, Meadow Creek, Southbridge and other parcels in various stages of development. The site
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currently has 3 structures located on it all concentrated on the west side of the property on Fowler Lane.
The eastern side of the site is undeveloped land.
The Bozeman Community Plan Urban Neighborhood designation calls for a variety of residential uses in
a variety of types, shapes, sizes and intensities. Furthermore, large areas of single type of housing are
discouraged. When analyzing these guiding principles, the goals of the proposed ZMA, and the
surrounding context of the site, the R-4 zoning designation presents itself as a logical zoning designation.
The intent of R-4 zoning is to provide for high-density residential development through a variety of
compatible housing types within the city with associated service functions. This district accomplishes
this intended purpose by allowing a mixture of housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
One of the major long-term goals for this project site is the creation of deed restricted LIHTC
affordable housing. This piece of the site is located in a qualified census tract and will feature logical
extensions of the significant street network, making it a great location for additional housing. The
specific number of units planned is still in flux but the R-4 zoning district allows for a mix of home
types and long-term flexibility with the property.
When analyzing this property, a variety of zoning districts were considered but it was determined that
the R-4 zoning district is necessary to achieve the goals of the development by allowing the flexibility to
provide various housing types. R-4 will allow for the best flexibility in terms of site design and meeting
the goals of creating affordable housing.
This Annexation and Initial Zoning Request demonstrates a forward-thinking vision for this property by
giving consideration to, and aligning with the Bozeman Unified Development Code, Montana Code
Annotated and the Bozeman Community Plan. The proposed zoning allows for more creative
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neighborhood design, that aims to accomplish several goals and themes of the community plan as
outlined in our application responses below.
Response to Annexation Goals, Policies & Approval Criteria
The Applicant understands that the Annexation of a property is subject to the goals and policies
established by Commission Resolution No. 4400. These goals and policies are outlined and addressed
below. In addition, the Annexation Map and Zone Map Amendment Exhibits are included with this
application for further reference (Appendix A-D).
Annexation Goals
1. The City of Bozeman encourages Annexations of land contiguous to the City.
Response: The subject site is contiguous to annexed land to the north and east.
2. The City encourages all areas that are totally surrounded by the City to annex.
Response: Whereas this property is not currently one inside the city limits, it is partially surrounded
by annexed land to the north and east.
3. The City encourages all properties currently contracting with the City for City services such as water,
sanitary sewer, and/or fire protection to annex.
Response: The applicant plans on contracting with the City for services upon future development.
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4. The City of Bozeman requires Annexation of all land proposed for development lying within the
existing and planned service area of the municipal water and sewer systems as depicted in their
respective facility plans, any land proposed for development that proposes to utilize municipal water
or sewer systems.
Response: The property is located well within the urban growth area and service boundary of the
existing municipal water and sewer systems. Additionally, there are existing water and sewer
lines in close proximity to the subject site.
5. The City encourages Annexations within the urban area identified on the future land use map in the
current Bozeman Growth Policy.
Response: The subject property is located well within the proposed urban growth area, sitting
within the continuously developing southwest quadrant of Bozeman, making this property a
logical extension of the City. The Future Land Use Map identifies this area as Urban
Neighborhood. The property’s proximity to residential communities like Grand Cielo, Homestead
at Buffalo Run, Meadow Creek, and Southbridge, among others, make its annexation into the city
with R-4 zoning a logical addition that is in line with what the Community Plan envisions for this
area, and specifically, for this property.
6. The City of Bozeman encourages Annexations to make the City boundaries more regular rather than
creating irregular extensions which leave unannexed gaps between annexed areas or islands of
annexed or unannexed land.
Response: This property is shaped regularly in a rectangular configuration. Its western border of
Fowler Lane is in line with the current border of the city limits to the north. This annexation would
result in a regular extension of city borders in all directions.
7. The City of Bozeman encourages Annexations which will enhance the existing traffic circulation
system or provide for circulation systems that do not exist at the present time.
Response: The subject site is bordered by Fowler Lane, which is designated as a Minor Arterial
and South 31st Avenue, which is designated as a Local Street. At the time of future development,
traffic patterns will be further studied for conformance with adopted rules and regulations.
8. The City prefers Annexation of parcels of land larger than five (5) acres in size, but will allow
Annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire
access, maintenance of public facilities, etc., justify a smaller Annexation.
Response: The subject property is 10 acres.
9. The City seeks to obtain water rights adequate for future development of the property with
Annexation.
Response: This is understood. Based on the initial research this property does not have any
specific transferable water rights.
10. The City of Bozeman encourages Annexations for City provision of clean treated water and
sanitary sewer.
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Response: Annexation of this property will result in connections to City water and sanitary sewer
services as well as a comprehensive stormwater management following a city approved plan. This
will happen upon future development of the parcels.
Annexation Policies
1. Annexations must include dedication of all easements for rights-of-way for collector and arterial
streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I
public trails not within the right of way for arterial or collector streets. Annexations must also include
waivers of right to protest the creation of special or improvement districts necessary to provide the
essential services for future development of the City.
Response: The Applicant understands the requirements of Annexation and each of the adopted
policies associated with Annexation. The applicant is willing to dedicate any required easements
for rights-of-ways (Fowler Lane), and sign waivers of right to protest for future SIDs.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with
the application for Annexation.
Response: Understood. A request for initial zoning has been included with this application.
Adjacent conditions, circulation, potential open space, and PRAT trails were all taken into account
when determining areas of requested zoning.
3. The application for Annexation must be in conformance with the current Bozeman Growth Policy. If
a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process
must be initiated by the property owner and completed prior to any action for approval of the
application for Annexation.
Response: The requested R-4 zoning is authorized for application within the Urban Neighborhood
Future Land Use category. Please see the response to the Zone Map Amendment Criteria for more
information below.
4. Initial zoning classification of the property to be annexed will be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City
Zoning Commission, simultaneously with review of the Annexation petition.
Response: Understood. The request for initial zoning has been submitted with this application.
5. The applicant must indicate their preferred zoning classification as part of the Annexation petition.
Response: The Applicant is requesting R-4 (Residential High-Density) for this project. Additional
information on the requested zoning is included below to satisfy the requirements for initial
zoning of the to be annexed site.
6. Fees for Annexation processing will be established by the City Commission.
Response: The applicant understands that there is a fee associated with the Annexation and
zoning of this parcel. The required fee will be submitted as part of a complete application.
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7. It is the policy of the City that Annexations will not be approved where unpaved county roads will
be the most commonly used route to gain access to the property unless the landowner proposes a
method to provide for construction of the road to the City’s Street standards.
Response: Fowler Lane is currently unpaved immediately adjacent to the site but will be improved
with development to match recent improvements completed by the Homestead at Buffalo Run
project. Upon future development it is understood that the subject property’s frontage along
Fowler Lane will be required to be paved. Furthermore, the applicant will ensure that adequate
access to the property is provided with any future development that occurs.
8. Prior to Annexation of property, the City will require the property owner to acquire adequate and
useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of
the municipal code, as amended.
Response: Based on the initial research this property does not have any transferable water rights.
The applicant will pay CILWR at the time of future development.
9. Infrastructure and emergency services for an area proposed for Annexation will be reviewed for the
health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the
City determines adequate services cannot be provided to ensure public health, safety and welfare, the
City may require the property owner to provide a written plan for accommodation of these services,
or the City may reject the petition for Annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater
Collection Facilities Plan.
Response: Adequate infrastructure and emergency services currently exist to serve the property.
The subject property is currently located within the jurisdiction of the City of Bozeman Fire and
Police Departments. Adjacent to the site are existing water and sewer mains. The Homestead at
Buffalo Run project is extending a 8” sewer line and 8” water main to the property boundary on
both Gaberial Avenue and Edgerton Avenue. Furthermore, there are additional main lines located
in South 31st Avenue and Meah Lane. Future development applications will conform to City of
Bozeman public safety, building, watercourse setbacks, and land use requirements in compliance
with the UDC, as well as all applicable building codes to help secure safety from fire and other
dangers.
The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities
and services ensure that this site will have services necessary to serve future site development.
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
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obtaining City sewer services in an emergency requires, when feasible as determined by the City, the
connection to City water services.
Response: City services will be requested for the development of these parcels.
11. The Annexation application shall be accompanied by mapping to meet the requirements of the
Director of Public Works. Where an area to be annexed can be entirely described by reference to a
certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder.
Response: The required mapping materials have been included in this submittal.
12. The mapping may be waived by the Director of Public Works.
Response: Understood. The applicant has provided the requested mapping information.
13. The City will assess system development/impact fees in accordance with Montana law and
Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Response: The applicant acknowledges and understands this requirement.
14. Public notice requirements: Notice for Annexation of property must be coordinated with the
required notice for the zone map amendment required with all Annexation. The zone map
amendment notice must contain the materials required by 38.220.410, BMC.
Response: Required public notice materials for the Annexation and Zone Map Amendment have
been provided with this submittal.
15. Annexation agreements must be executed and returned to the City within 60 days of distribution
of the Annexation agreement by the City, unless another time is specifically identified by the City
Commission.
Response: The Applicant team would like to begin to coordinate on preparing the Annexation
agreement prior to final review and possible Annexation approval by City Commission. Please
advise on best next steps to accomplish this task.
16. When possible, the use of Part 46 Annexations is preferred.
Response: Part 46 Annexation is not applicable.
17. Where a road improvement district has been created, the Annexation does not repeal the creation
of the district. The City will not assume operations of the district until the entirety of the district has
been annexed. Any funds held in trust for the district will be used to benefit the district after transfer
to the City. Inclusion within a district does not lessen the obligation to participate in general city
programs that address the same subject.
Response: Understood.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to
the area of applications for Annexation.
Response: Acknowledged.
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19. The City will require connection to and use of all City services upon development of annexed
properties. The City may establish a fixed time frame for connection to municipal utilities. Upon
development, unless otherwise approved by the City, septic systems must be properly abandoned and
the development connected to the City sanitary sewer system. Upon development, unless otherwise
approved by the City, water wells on the subject property may be used for irrigation, but any potable
uses must be supplied from the City water distribution system and any wells disconnected from
structures. The property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
Response: The applicant intends to connect any remaining existing structure(s) to the City and
use City services with any future development. The Applicant team understands the additional
requirements of this Annexation policy and intends to abide by this standard. Connections to the
water and sewer system will occur with future development.
20. Additional Site Information
Response: No additional site information has been requested nor has the applicant identified
additional materials relevant to this application that are essential to include in this packet for
review.
Responses to ZMA Approval Criteria
Below are responses to the ZMA Approval Criteria (Section 76-2-304, MCA) that address how the project
relates to and meets the criteria outlined for the approval of a zone change.
a. Is the new zoning designed in accordance with the growth policy? How?
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Yes. The future land use map, as an illustration, is the fundamental building block to communicate the
City’s desired outcome to accommodate the complex and diverse needs of its residents. The Future Land
Use Map in the Bozeman Community Plan 2020 designates the property as Urban Neighborhood. The
intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and
intensity of homes. Furthermore, the Community Plan states that large areas of single types of housing
are discouraged. The R-4 zoning district allows for a variety of housing options at a variety of intensities.
N-1.1 Promote housing diversity, including missing middle housing.
This request to zone this property R-4 will allow for a wide range of allowed residential uses allows for
creativity and flexibility when land planning the project site. After this property is annexed, it will allow
for the full vision for this property to be realized, which is the construction of affordable housing. The R-
4 zoning district will allow the best flexibility to achieving this LIHTC housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
The proposed R-4 zoning would allow a diversity of housing typologies, providing for a higher number of
units that could take the shape of a variety of product types. The R-4 zoning allows for every residential
land use outside of a manufactured home community (which is only allowed in RMH).
N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and
transportation.
This project site is in proximity to several schools and a future school site. Additionally, this site is
located near the intersection of two high classification roadways. Finally, the multimodal network in this
area is rapidly expanding and will be further expanded by any future development. This project site is in
the perfect location for creating a residential hub on the south side of Bozeman.
Goal N-3: Promote a diverse supply of quality housing units.
N-3.1 Establish standards for provisions of diversity of housing types in a given area.
The R-4 district allows for the construction of a full range of residential buildings. This supports the
opportunity for diversity of supply. The quality of housing will be assessed and assured during
subsequent development review for compliance with both the UDC and the adopted buildings codes.
Furthermore, the surrounding area shows the diverse nature of building products in the area.
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.
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The proposed R-4 zoning is in alignment with the goals of development for the “missing middle” housing
by allowing higher densities and a more diverse array of housing types than the currently allowed in any
other residential zoning districts. Multi-household dwellings, such as apartments, two- and three-
household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning
district. Allowing these extra housing types will hopefully allow for the creation of smaller units which in
theory could help meet this missing middle demand. Additionally, by allowing R-4 to happen in this
location it will allow for the creation of affordable housing.
Goal DCD-2.2: Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
Fowler Lane is shown in the transportation plan to be a Minor Arterial, the second-most intensive
category of streets. Fowler Lane spans from the southside of Bozeman to its intersection with South
19th Avenue, where it turns into Hyalite Canyon Road. Fowler Lane is proposed to be extended to the
north in the future, connecting to Davis Lane, which will lead to it serving the northern, southern, and
central areas of the City while running through the geographic center of the City. This road is a main
corridor through town and is projected to become even more significant. Therefore, placing R-4 next to
it meets this community plan goal. Additionally, the nearby Blackwood Road is a collector street which
is also planned to carry a large percentage of traffic. These two major corridors make the perfect
location for placing high density residential.
b. Will the new zoning secure safety from fire and other dangers? How?
Yes. The subject property is currently served by the City of Bozeman Fire and Police Departments.
Additionally, these departments will review any future development of the property during site plan
review ensuring adequate services can be provided. Any future development will conform to the City of
Bozeman public safety, building, setback and land use requirement in compliance with the UDC. Any
building will go through the building permitting process to ensure safety from fire and other dangers.
This zoning change will therefore will not have an impact on site safety.
c. Will the new zoning promote public health, safety and welfare? How?
Yes. Future development of the site will require site plan review and compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety and general welfare. The
proposed amendment will not put undue burden on municipal services, emergency response capability,
or similar existing requirements. Furthermore, any future development will be reviewed as a site plan
application which will allow for the appropriate City departments to weigh in on municipal services, and
emergency response capability. Any future development on this site will require the extension of city
services including road, water and sewer. These expansions will help promote health, safety and
welfare.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools,
parks and other public requirements? How?
Yes. Future development of the project site will require site plan review and compliance with the
standards in the City’s Unified Development Code ensuring adequate provisions of transportation,
water, sewage, schools, parks and other public requirements. As stated in the UDC, the designation of a
zoning district does not guarantee approval of proposed development plans until the city can verify the
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availability of the needed infrastructure and services. If it is determined during the site planning process
that additional improvements are needed to adequately serve the project, those improvements would
be required to be constructed and/or pay impact fees, assessments, taxes to ensure adequate
transportation, water, sewage, schools, and parks for these sites. Public infrastructure to serve the
future development will be determined during the site planning process and City review.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes. The subject properties if annexed will be subject to the Unified Development Code, which has
provisions for setbacks, lot coverage, height, and open space to specifically address concerns about
access to adequate light and air. Future development of the project site will also be subject to the
provisions of the Building Codes adopted under Chapter 10 of the municipal code These adopted codes
ensure adequate light and air including park and recreation requirements, maximum building heights,
on-site open space requirements, lot coverage and setback requirements.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
Yes. Additional development permitted within the R-4 zoning district is likely to result in increased trips
along Meah Lane, Edgerton Avenue, and Gabriel Avene. Future development of the property will be
required to comply with transportation-related standards and be examined for impacts on surrounding
streets, intersection, and sidewalks. Any future development will likely require a Traffic Impact Study to
gauge the potential impacts of future development. Any potential impacts as an outcome of that study
will be mitigated as a part of the site planning process. The applicant acknowledges that any future
development may require the property owners to waive their right to protest the creation of a future
Special Improvement District (SID) and participate in funding nearby future infrastructure improvements
that may be required to offset impact created by development. This site does have a PRAT planned
multi-use trail on Fowler Lane that will be proposed/built through a future development application.
Additionally, given the predicted street network in the areas it is likely that block lengths will exceed the
maximum due to access control measures. As a result, pedestrian mid-block crossings will be installed to
help break down the blocks making the project site more walkable.
g. Does the new zoning promote compatible urban growth? How?
Yes. The Future Land Use Map included in the Bozeman Community Plan establishes the preferred and
compatible development pattern. The categorizations and descriptions act as a guide for what is
considered compatible and appropriate. Thorough research and planning have gone into the creation of
these map categories to ensure the long-term visions and goals of promoting sustainability, safety and a
high quality of life.
This property is designated as Urban Neighborhood on the Future Land Use Map. The R-4 zoning district
is listed as one of the compatible zones under this designation. The growth policy supports development
that provides a range of housing options to meet the needs of residents. The growing demand for
housing suggests the proposed R-4 zoning district is appropriate to facilitate higher densities and variety
in housing options. Future development on the project site must conform to the City’s zoning standards,
such as setbacks, building heights, and parking requirements, to ensure compatibility of uses.
The UDC defines compatible urban growth to not require uniformity in order to insure compatibility.
Furthermore, the city’s zoning ordinance defines the uses and development standard associated for
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proposed development under the auspices of each zoning. The proposed R-4 zoning districts include a
range of uses that are appropriate and compatible with the existing/planning and surrounding
neighborhoods.
h. Does the new zoning promote the character of the district? How?
Yes. The Montana Code Annotated states, “ …legislative body may divide the municipality into districts
of the number, shape, and area as are considered best suited to carry out the purposes [promotion of
general health, and life safety of the community]of this part.”
This proposal amends the zoning map and not the text. Therefore, no element of this amendment
modifies the standards of any zoning district. The character of the districts as created by those standards
remains intact. It appears that this criterion was implemented more for Zone Text Amendments. It is
vital when changing the text in the code to evaluate how the proposed changes may alter the character
of the district but in this case the request is to rezone the property. The character of the district is
defined by the intent of the R-4 Zoning District, which is to:
“… provide for high-density residential development through a variety of compatible housing types
within the city with associated service functions. This purpose is accomplished by:
• Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and mixing housing types in newly
developed areas.
• Providing for a variety of compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
• Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or
served by transit to accommodate a higher density of residents in close proximity to jobs and services.”
The subject site is adjacent to a variety of housing types including single households, duplexes,
townhouses, and apartment buildings. R-4 equally allows these same housing types and therefore would
maintain the character of the neighborhood.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Yes. The proposed R-4 zoning district is directly adjacent to existing R-4 zoned lots to the north and R-3
zoned lots to the east. The R-4 zoning district allows for similar residential uses to the ones seen on
neighboring parcels. Additionally, the R-3 zoning district allows for a diverse array of housing typologies
like apartments and townhomes, as R-4 districts also do. Additionally, there are several other parcels in
the general vicinity zoned either R-3 or R-4. As mentioned above, the allowed uses in these zoning
districts are largely the same, therefore the compatibility of these zoning districts is apparent.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
Yes. The proposed amendment does not modify the existing standards of the R-4 district. Therefore, the
impact of the amendment should be evaluated to the extent of this subject property rather than other
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areas zoned R-4. The subject property does currently have 3 existing structures located within its
boundaries that are planned to be demolished. The value of building conservation was considered in this
decision; however, it was determined that these buildings no longer suitably serve the community, and
more the addition of more housing units would most appropriately serve the needs of the community.
The R-4 zoning allows for diverse development on the subject parcel but will have no negative effect on
the community character within the amendment boundary.
Any new structures will be required to meet the requirements of the Bozeman Unified Development
Code which has standards in place to regulate things like setbacks, height, and lot coverage. Compliance
with these standards will alleviate any potential negative impacts to the values of anyone property in
the vicinity.
k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area? How?
Yes. As stated above, this property has been planned for urban residential uses for many years. The
Community Plan illustrates the most appropriate uses of land through the future land use map. The
future land use map category in this case identifies these parcels as Urban Neighborhood as the most
appropriate type of development for this property. The R-4 zoning district in this case will allow for
residential development at the same scale of the property directly to the north, which is zoned R-4.
There is a growing demand for housing in the city, and the proposed zoning designation provides for a
variety of housing options to meet this need. The R-4 zoning district will allow for more focused and
significant residential development to serve both the future residents of this property, and the
surrounding communities as well.
The Unified Development Code further contains standards and review procedures that will ensure the
land is developed in ways that protect and promote public health, safety, and general welfare, and
further ensure appropriate future development of this property.
III. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses significantly different from the prevailing
uses in the area?
No, therefore this criterion has been met. The R-4 zoning adjacent to the site as well as the other
residential zones in the areas allow for a range of residential in the vicinity of this site. Bozeman has
deliberately developed a zoning system that includes districts with diverse uses and opportunities. The
city has chosen to encourage diverse development and avoid single use concentrations. R-4 zoning, and
the potential uses are not different from the prevailing zones and uses in proximity.
B. Does the requested zoning designation benefit a small area and only one or a few landowners, or
does the requested zoning benefit the surrounding neighborhood, community and general public?
This zone change is for a 10-acre site and conceivably will benefit the surrounding neighborhood as a
whole by allowing more housing options to be added to the area, contributing the alleviation of demand
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for housing. The R-4 district is an implementing zoning district for the Urban Neighborhood land use
category.
C. Is the requested zoning designation compatible with the zoning district’s plan or is it special
legislation designed to benefit only one or a few landowners at the expense of the surrounding land
owners?
This ZMA does not represent special legislation designed to benefit the landowner at the expense of the
adjacent property owners. The proposed zoning is partially the same zoning as the adjacent properties,
and therefore it is difficult to foresee this proposed zoning, respectively, will negatively impact the
surrounding landowners.
Additionally, the proposed zone change is compatible with City policies and state statute governing the
approval of such requests. Compact infill will be the result of redevelopment, and the requested zoning
thus proposes thoughtful future development opportunities that will meet the needs of the
neighborhood and the community, not negatively impact surrounding landowners.
