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HomeMy WebLinkAbout06-19-25 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approval of Minutes(Sagstetter) E. Action Items E.1 The 2025 Gallatin Center Zone Map Amendment Requesting an Amendment to the City Zoning Map from B-P (Business Park) and B-2 (Community Commercial) to B-2M (Community Commercial Mixed-Use) on 68.33 Acres. The Property is located at located on the northwest corner of North 19th Avenue and Baxter Lane; Application 24626(Rogers) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, June 16, 2025 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. At the direction of the City Commission, anonymous public comments are not distributed to the Board or staff. 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 Chris Saunders, csaunders@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 1 E.2 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-3 and R-5 on 163.98 Acres, the 5211 Baxter Lane Annexation, Application 24570(Rogers) E.3 Continued Discussion of Unified Development Code Update from June 2nd Focusing on Tools to Address Mass and Scale of Buildings(Saunders) F. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board G. FYI/Discussions G.1 Upcoming Items for the July 7, 2025, Community Development Board Meeting (Saunders) H. Adjournment 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 24626 and move to recommend approval of the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. 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 24570 and move to recommend approval of the 5211 Baxter Lane Zone Map Amendment, with contingencies required to complete the application processing. Discuss and determine whether to make a recommendation to the City Commission on methods to address mass and scale of buildings This is the time to comment on any non-agenda matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city 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. Information only, no action required. 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 ADA Coordinator, David Arnado, at 406.582.3232. 2 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter SUBJECT:Approval of Minutes MEETING DATE:June 16, 2025 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:The minutes for May 19th reflect the clarification on the motion text made by the mover. UNRESOLVED ISSUES:None. ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:None. Attachments: 060225 CDB Minutes.pdf 051925 CDB Minutes.pdf Report compiled on: June 11, 2025 3 Bozeman Community Development Board Meeting Minutes, June 2, 2025 Page 1 of 5 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES JUNE 2, 2025 General information about the Community Development Board is available in our Laserfiche repository. Present: Jennifer Madgic, Ben Lloyd, Hap Happel, Nicole Olmstead, Chris Egnatz, Jason Delmue Absent: None Excused: Mark Egge A) 00:08:11 Call to Order - 6:00 pm B) 00:09:26 Disclosures C) 00:09:30 Changes to the Agenda D) 00:09:35 Approval of Minutes D.1 Approval of Minutes 051925 CDB Minutes.pdf 00:09:40 Motion to continue Motion to be postponed until the June 16th meeting. Hap Happel: Motion No seconder E) 00:10:32 Action Items E.1 00:10:35 Zone Map Amendment Requesting Modifying the Zoning Map from PLI to R-3 on 1.37 Acres Plus the Adjacent Right of Way, the Vaquero Land Swap Zone Map Amendment, Application 25035 25035 Vaquero Land Swap ZMA CDB SR.pdf 00:10:59 Planner Tom Rogers presents to the board. 00:17:56 Planner Tom Rogers answers questions from the board. 4 Bozeman Community Development Board Meeting Minutes, June 2, 2025 Page 2 of 5 00:24:07 Applicant Brett Megaard presents to the board. 00:33:19 Beatrice O'Neill provides public comment 00:30:50 Leslie Johnson provides public comment 00:35:33 Suzy (Name) provides public comment 00:34:27 Madison (Name) provides public comment 00:30:54 Leslie Johnson provides public comment on agenda item. 00:18:13 Board Questions and Discussion with Tom Rogers 00:36:38 Lisa provides public comment. 00:38:39 Further questions are answered by Tom Rogers. 01:07:30 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 25035 and move to recommend approval of the Vaquero Land Swap Zone Map Amendment, with contingencies required to complete the application processing. Nicole Olmstead: Motion Jason Delmue: 2nd 01:21:04 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 25035 and move to recommend approval of the Vaquero Land Swap Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 7 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Chris Egnatz Jason Delmue Mark Egge Disapprove: None 5 Bozeman Community Development Board Meeting Minutes, June 2, 2025 Page 3 of 5 01:21:42 Motion to accept Recommend that physical public notice is improved on site before the project is brought to City Commission. Nicole Olmstead: Motion Jennifer Madgic: 2nd 01:27:46 Vote on the Motion to accept Recommend that physical public notice is improved on site before the project is brought to City Commission. The Motion carried 7 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Chris Egnatz Jason Delmue Mark Egge Disapprove: None E.2 01:28:53 Continued Discussion of Unified Development Code Update Focusing on Tools to Address Mass and Scale of Buildings CDB June 2 2025 Mass and Scale Memo.pdf 01:29:11 Chris Saunders presents to the board with open questioning. 02:56:13 Maya Gotzsche provides public comment 02:59:32 Natsuki Nakamaru provides public comment 03:01:56 Eric Bonnet provides public comment 03:05:18 Anja Lincke provides public comment 03:08:49 Marcia Kaveny provides public comment 03:12:05 Alison Sweeney provides public comment 03:17:51 Motion to approve The Community Development Board recommends to the city commission to abandon floor area ratio as the maximum limit for development and to instead let the other constraints such as maximum height, setbacks, lot area coverage maximum, minimum open space, and required minimum parking do the intended work. Jason Delmue: Motion 6 Bozeman Community Development Board Meeting Minutes, June 2, 2025 Page 4 of 5 Chris Egnatz: 2nd 03:19:55 Vote on the Motion to approve The Community Development Board recommends to the city commission to abandon floor area ratio as the maximum limit for development and to instead let the other constraints such as maximum height, setbacks, lot area coverage maximum, minimum open space, and required minimum parking do the intended work. The Motion carried 7 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Chris Egnatz Jason Delmue Mark Egge Disapprove: None 03:21:02 Motion to approve as amended The Community Development Board recommends to the city commission to abandon floor area minimums and to instead let the other constraints such as setbacks, lot area coverage maximum, minimum open space, and required minimum parking do this intended work. This motion is limited to residential lots. Jason Delmue: Motion Ben Lloyd: 2nd 03:32:46 Vote on the Motion to approve as amended The Community Development Board recommends to the city commission to abandon floor area minimums and to instead let the other constraints such as setbacks, lot area coverage maximum, minimum open space, and required minimum parking do this intended work. This motion is limited to residential lots. The Motion carried 6 - 1. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Jason Delmue Mark Egge Disapprove: Chris Egnatz 7 Bozeman Community Development Board Meeting Minutes, June 2, 2025 Page 5 of 5 03:34:00 Further discussion on UDC topics. F) 03:48:52 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 03:48:51 Chespey Menard provides public comment 03:51:41 Alison Sweeney provides public comment 03:56:04 Marcia Kaveney provides public comment G) 03:59:45 FYI/Discussions G.1 03:59:48 Upcoming Items for the June 16, 2025, Community Development Board Meeting G.2 04:00:15 Information on Zoning Map Changes Requested as Public Comment During the UDC Update to Date UDC Zoning Public Requests as of 5-29-2025.pdf H) 04:00:36 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 8 Bozeman Community Development Meeting Minutes, May 19, 2025 Page 1 of 4 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 19, 2025 Present: Jennifer Madgic, Ben Lloyd, Hap Happel, Nicole Olmstead, Jason Delmue, Mark Egge Excused: Chris Egnatz A) 00:03:52 Call to Order - 6:00 pm B) 00:04:36 Disclosures C) 00:04:40 Changes to the Agenda D) 00:04:46 Approval of Minutes D.1 00:04:53 Approval of Minutes. 050525 CDB Minutes.pdf 00:04:58 Motion to approve Jason Delmue: Motion Ben Lloyd: 2nd 00:05:51 Vote on the Motion to approve The Motion carried 6 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Jason Delmue Mark Egge Disapprove: 9 Bozeman Community Development Meeting Minutes, May 19, 2025 Page 2 of 4 None E) 00:06:04 Special Presentations E.1 00:06:08 Update on the 2025 Montana Legislature Actions Affecting the Update to the Unified Development Code and Existing Regulations 2025 MT Legislative Session - Status.pdf 00:06:33 Community Development Manager Chris Saunders presents to the board. F) 00:26:00 Action Items F.1 00:26:07 Continued Discussion of Unified Development Code Public Input and Alternatives 00:26:10 Community Development Manager Chris Saunders presents to the board with open discussion. 01:24:06 Anja Lincke provides public comment. 01:27:39 Justin Bersick provides public comment. 01:30:21 Miah Gotzsche provides public comment 01:32:38 Eva Killenberg provides public comment. 01:38:10 Motion to approve In connection with proposed update of its Unified Development Code, the City should undertake to consider only zone map amendments that meet one of two criteria: 1. Those amendments that have already been identified by the City and are set forth on page 2 of the Memorandum to us entitled Continued Discussion of Unified Development Code Public Input and Alternatives; or 2. other zone map amendments that have been proposed by citizens that are of a technical nature or are clearly reasonable in the eyes of the Community Development Department and very unlikely to be controversial among adjoining neighbors or the community as a whole. The City should deal with all other zone map amendments proposed by citizens in the normal course and apart from the consideration of the proposed update of its Unified Development Code. Hap Happel: Motion Mark Egge: 2nd 01:55:38 Vote on the Motion to approve In connection with proposed update of its Unified Development Code, the City should undertake to consider only zone map amendments that meet one of two criteria: 1. Those amendments that have already been identified by the City and are set forth on page 2 of the Memorandum to us entitled Continued Discussion of Unified Development Code Public Input and Alternatives; or 2. other zone map amendments that have been proposed by citizens that are of a technical nature or are clearly reasonable in the eyes of the Community Development Department and very unlikely to be controversial among adjoining neighbors or the community as a whole. The City should deal with all other zone map amendments proposed by citizens in the normal course and apart from the consideration of the proposed update of its Unified Development Code. The Motion carried 5 - 1. 10 Bozeman Community Development Meeting Minutes, May 19, 2025 Page 3 of 4 Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Mark Egge Disapprove: Jason Delmue 01:57:38 Motion to approve Discuss and determine whether to make a recommendation to the City Commission Hap Happel: Motion Ben Lloyd: 2nd 01:57:40 Vote on the Motion to approve Discuss and determine whether to make a recommendation to the City Commission The Motion carried 6 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Jason Delmue Mark Egge Disapprove: None 02:21:05 Motion to approve Give consideration to 1) the number of dwelling units allowed by right in R- A or whether to rely instead on form based limitations on mass and scale, and 2) to give further consideration to employing square foot caps such as described in the public comment provided by Forward Montana intended to promote efficient land use, provide multimodal transportation options, create more affordable housing, promote the preservation of existing structures, and reuse of existing building materials as replenishing funds for the affordable housing fund. Mark Egge: Motion Jason Delmue: 2nd 02:25:40 Vote on the Motion to approve Give consideration to 1) the number of dwelling units allowed by right in R-A or whether to rely instead on form based limitations on mass and scale, and 2) to give further consideration to employing square foot caps such as described in the public comment provided by Forward 11 Bozeman Community Development Meeting Minutes, May 19, 2025 Page 4 of 4 Montana intended to promote efficient land use, provide multimodal transportation options, create more affordable housing, promote the preservation of existing structures, and reuse of existing building materials as replenishing funds for the affordable housing fund. The Motion carried 6 - 0. Approve: Jennifer Madgic Ben Lloyd Hap Happel Nicole Olmstead Jason Delmue Mark Egge Disapprove: None H) 02:31:22 FYI/Discussions H.1 02:31:27 Upcoming Items for the June 2, 2025, Community Development Board Meeting G) 02:34:22 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 02:34:43 Justin Bersick provides public comment. 02:37:18 Natsuki Nakamura provides public comment. I) 02:39:33 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 12 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:The 2025 Gallatin Center Zone Map Amendment Requesting an Amendment to the City Zoning Map from B-P (Business Park) and B-2 (Community Commercial) to B-2M (Community Commercial Mixed-Use) on 68.33 Acres. The Property is located at located on the northwest corner of North 19th Avenue and Baxter Lane; Application 24626 MEETING DATE:June 16, 2025 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 24626 and move to recommend approval of the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner, Gallatin Center Limited Partnership, P.O. Box 906, Bozeman, MT 59771, submitted application to rezone a property totaling 63.33 acres, plus adjacent right-of-way, from B-P and B-2 to B-2M (Community Commercial Mixed). The property is within the Gallatin Center Planned Unit Development (PUD) which includes businesses such as Target, WinCo Foods, Bob Ward’s Sports, PetSmart, and Staples, among others. See Application Z- 98192 for the original PUD. The area requesting rezoning is not within the developed area but to the south of Cattail Street and is undeveloped. The subject property is a part of a minor subdivision originally platted in 1997 by the current owners, Gallatin Center Limited Partnership. No future development plans were submitted with the application. The primary purpose of the original PUD was to allow alternative street design standards, see Applications Z-98192 and Z-04033. The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Regional 13 Commercial and Service. The existing B-P and B-2, as well as the proposed B- 2M zoning are implementing districts of the Community Commercial Mixed- Use classification. The properties directly to the south and west are in the Urban Neighborhood designation. The properties to the east are Maker Space Mixed-Use. See Map Series in Section 1 in the staff report. The property is bounded by a Principal Arterial to the east (19th Avenue), a Minor Arterial on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas Drive and Cattail Street), according to the Bozeman Transportation Master Plan. UNRESOLVED ISSUES:There are no identified conflicts on 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 Zone Map Amendment. Attachments: 24626 Gallatin Center ZMA CDB SR.pdf Report compiled on: June 12, 2025 14 Page 1 of 31 24626, Staff Report for the Gallatin Center Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission hearing on June 16, 2025, at 6:00 pm. City Commission hearing is on July 1, 2025, at 6:00 pm. Project Description: The Gallatin Center zone map amendment requests amendment of the City Zoning Map on 68.33 acres plus the adjacent right-of way from B-2 (Community Business District) and B-P (Business Park District) to B-2M (Community Business District-Mixed). Project Location: The property is subject property is generally located on the northwest corner of North 19th Avenue and Baxter Lane and legally described as Lot 3 (less Gallatin Center Subdivision Phase 1-4), Minor Subdivision No. 210 situated in the Southeast One-Quarter (SE ¼) and Northeast One-Quarter (NE ¼) of Section 35, Township One South (T1S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Community Development Board Recommended 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 24626 and move to recommend approval of the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Recommended 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 24626 and move to approve the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. Report Date: June 9, 2025 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative 15 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 2 of 31 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The owner, Gallatin Center Limited Partnership, P.O. Box 906, Bozeman, MT 59771, submitted application to rezone a property totaling 63.33 acres, plus adjacent right-of- way, from B-P and B-2 to B-2M (Community Commercial Mixed). The property is within the Gallatin Center Planned Unit Development (PUD) which includes businesses such as Target, WinCo Foods, Bob Ward’s Sports, PetSmart, and Staples, among others. See Application Z-98192 for the original PUD. The area requesting rezoning is not within the developed area but to the south of Cattail Street and is undeveloped. The subject property is a part of a minor subdivision originally platted in 1997 by the current owners, Gallatin Center Limited Partnership. No future development plans were submitted with the application. The primary purpose of the original PUD was to allow alternative street design standards, see Applications Z-98192 and Z-04033. The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Regional Commercial and Service. The existing B-P and B-2, as well as the proposed B-2M zoning are implementing districts of the Community Commercial Mixed-Use classification. The properties directly to the south and west are in the Urban Neighborhood designation. The properties to the east are Maker Space Mixed-Use. See Map Series in Section 1 below. The property is bounded by a Principal Arterial to the east (19th Avenue), a Minor Arterial on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas Drive and Cattail Street), according to the Bozeman Transportation Master Plan. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=299104&dbid=0&repo=BOZEMAN 16 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 3 of 31 Community Development Board (Zoning Commission) Summary The Zoning Commission is scheduled to consider this application on June 16, 2025. Once completed, a summary of the deliberations will be provided with a link to the video recording. No 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. 17 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 4 of 31 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 CONTINGENCIES OF ZONE MAP AMENDMENT .............. 9 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS................................................. 9 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 10 Section 76-2-304, MCA (Zoning) Criteria ...................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 27 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 28 APPENDIX B - NOTICING AND PUBLIC COMMENT ........................................................... 29 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 29 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ...................................... 31 FISCAL EFFECTS .................................................................................................................... 31 ATTACHMENTS ...................................................................................................................... 31 18 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 5 of 31 SECTION 1 - MAP SERIES Figure 1: Location Map 19 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 6 of 31 Figure 2: Future Land Use Designations 20 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 7 of 31 Figure 3: Current Zoning Map 21 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 8 of 31 Figure 4: Applicant Exhibit 22 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 9 of 31 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Should the application not be approved these contingencies are not required. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the “2025 Gallatin Center Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “2025 Gallatin Center Zone Map Amendment”, acceptable to the Director of Public Utilities, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff found the application meets standards for approval as submitted. 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. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on June 16, 2025, and will forward a recommendation to the City Commission on the zone map amendment. 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 hold a public hearing on the zone map amendment on July 1, 2025. The hearing will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse 23 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 10 of 31 Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E - K and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or 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 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 24 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 11 of 31 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 annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Regional Commercial and Service. The Regional Commercial and Service designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” 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, the existing B-P is not an implementing district 25 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 12 of 31 of this future land use designation. Both the existing B-P and B-2 and the proposed B-2M districts are implementing district of the Regional Commercial and Service future land use designation. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. With individual property owner request to modify zoning, the applicant has the burden of proof to show the proposed amendment is in the city’s best interest and furthers more goals and policies of the BCP, 2020 than hinders. Although no specific development plans accompany the zoning application, the narrative indicates a residential component is being contemplated. Two primary benefits of the B-2M zoning classification are the reduction in parking requirements and it allows residential use on the ground floor without any additional public process. And, as noted in recent development patterns, the majority of development occurring in the B-2M zone is entirely residential. This, in part, is why the draft zoning map associated with the city initiated UDC revision proposes B-2 for this site. However, there are three sites in Bozeman that have applied the B-2M zone to the Regional Commercial and Services designation. They are old K-Mart site on North 7th, the 290-unit Lumberyard Apartment complex to the north of Kenyan Knoble, and the Medical Eye Specialists site at the intersection of North 27th and East Valley Center. The old K-Mart site is unique because 26 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 13 of 31 the B-2M district was originally developed to implement the North 7th Corridor Plan and the property is within the affected area. The City’s development code anticipates the possibility that a commercial area will initially develop as residential. Pursuant to section 38.510.030, BMC, a non-residential area is required to allow future conversion from a residential use to commercial, like what is seen in older commercial and mixed-use buildings in the city. Construction of residential buildings in the Regional Commercial designated areas poses some incongruencies between the intent of the Regional Commercial designation and the use. In the applicant’s submittal, sheet 004 ZMA Criteria Narrative, arguments that… “Land Use Goal 1 in the growth policy states the appeal to “concentrate development in areas where a full range of services are available and results in fiscally efficient delivery of public services”. This land use goal specifically encourages “development in areas already served or planned to be served by utilities and public services” (LU1-7). This property has public infrastructure surrounding in all adjacent streets and has a water main running through. Future development will involve further expansion of these public utilities. Since the property is centrally located in the City of Bozeman, surrounded by residential and commercial development and public infrastructure, providing the opportunity for additional residential and commercial use would be beneficial to the community and would help achieve Land Use Goal 1. Additionally, Land Use Goal 2 “encourage[s] residential development in areas planned or zoned for residential use recognizing and addressing the link between location of housing and location of infrastructure, community facilities and services.” If the property zoning is amended to B-2M, it would allow for residential and commercial development opportunity central to existing commercial development. This zoning would promote types of development which align with Land Use Goal 2.” Section 38.300.110, BMC states that the intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial. Subsection C continues describing that the intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade 27 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 14 of 31 area and encourages the integration of multi-household residential as a secondary use. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. [Emphasis added.] Form and intensity standards for the B-2M zone are found in table 38.320.050 [External Web Link] for commercial zones. There is no minimum lot size in the B-2M zone. Residential zones do have maximum lot size to ensure block size and access is developed to a human scale and encourages development meeting other goals of the city. Although the city requires block length and width standards, it is more challenging to create residential neighborhoods within commercial zones. Considering the eclectic character of vicinity, B-2M zone appears to be appropriate zoning designations. The area is a transitional area between North 19th Avenue and the existing and emerging residential areas to the west of 27th Avenue. The property to the north, south, and east are all designated as Regional Commercial and Service in the Future Land Use Map. Most of the City’s major retailers, large commercial buildings and other elated activities have developed in the corridor. North 19th Avenue is a designated Major Arterial while Baxter Lane is a Minor Arterial, and Cattail Street is a Collector according to the Bozeman Transportation Plan. Staff did not identify goals and objectives the proposed amendment is in direct conflict with. Goals and objectives that are in support of the amendment include: THEME 3 | GOALS, OBJECTIVES, AND ACTIONS DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. In conclusion, changing from B-P and B-2 to B-2M is in accordance with the City of Bozeman’s Growth Policy Plan. It will allow for a greater level of density, promote pedestrian and alternative forms of travel, create communal stability within long term zoning, and allow for a stronger level of future adaptability. 28 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 15 of 31 B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building, transportation, and land use requirements, which will generally ensure this criterion is met. 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. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards and adopted facility plans. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. The subject property is connected to the City’s transportation system and is served by partially constructed intersections and streets. North 27th Avenue and internal street network will be required to be constructed upon development as required by the city’s 29 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 16 of 31 development standards. Development on site will require any improvements not installed to mitigate impacts and meet the city’s complete street policies. 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. The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, 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 service to new development. See page 19 of the BCP 2020 for a listing. 30 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 17 of 31 The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. Section 38.300.020.C, BMC, states that the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all 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.” Municipal water and sewer surround the site. These include 12-inch ductile iron water pipe in Cattail, 19th, Baxter, and 27th. Wastewater systems include a 24-inch service line in Baxter Lane, an 8-inch line under 27th and Max Avenues, and an 8-inch stub serving the northern part of the property. Additional capacity will likely be required if a heavy residential component is proposed with future development. No increase in intensity can be approved without adequate service to meet demands. No park analysis has been conducted in the Gallatin Center PUD as that development has been entirely non-residential to date. Future subdivision or site plan review will require analysis for compliance with 38.420, Park and Recreation Requirements. 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 31 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 18 of 31 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. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320.050, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe required minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Zone 32 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 19 of 31 edge transitions do not apply to this property if the B-2M is approved pursuant to section 38.320.060, BMC. 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. 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. Potential future development within a zoning district of B-2M will affect the City’s motorized and non-motorized transportation system with potential increased traffic and vehicle trips on perimeter roads and the internal circulation system. The property is well positioned to accommodate addition traffic loads being surrounded by primary transportation routes. These include a Principal Arterial to the east (19th Avenue), a Minor Arterial on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas Drive and Cattail Street), according to the Bozeman Transportation Master Plan. The City is pursuing construction of the absent section of N. 27th under its capital improvement program, project SIF152 as discussed further below. The proposed zoning encourages increased intensity and density. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plan also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and 33 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 20 of 31 municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. The proposed zoning encourages increased intensity and density. Based on adopted street standards future internal street network will resemble what has developed with the properties to the north and east that include Rawhide, Max Avenue, and Kimberwicke. Similarly, maximum block length and width standard will likely demand additional north/south and east/west internal streets to fully develop the circulation system. As previously mentioned, the City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, 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 service to new development. The subject properties are 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. The 2025-2049 CIP [External link] shows transportation system expansion projects on Thomas Drive/North 27th Avenue with an intent is to start construction this summer/fall. It will be one travel lane in each direction, raised median with turn lanes as needed, paved shared use paths both sides, signal at Baxter (roundabout didn't fit with powerlines) and roundabout at Cattail. System expansion will likely include Rawhide and Sartain to the east. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. 34 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 21 of 31 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. The site has a Walk Score ranging 21 to approximately 41 depending on where one stands in the property. 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. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted 35 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 22 of 31 development standards relating to the walk score. The completion of N 27th and other streets in association with development of the site will increase connectivity, provide pedestrian and bicycle facilities, and is expected to result in an improved walk score. The site is partially served by the Streamline Bus service. The Blue Route serves the general area with stops on Cattail Street and Baxter Lanes. However, Streamline routes are subject to change without notice. G. Promotion of compatible urban growth. Criterion met. 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). The City’s future land use map designates the properties as Regional Commercial. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The subject property is currently zoned B-2 (partially) and bounded by existing B-2 zones on the north and east sides, REMU, R-4, M-1, and un-annexed land on the remainder of the site. The subject property is entirely separated from other zones by primary street corridors except for the Baxter Lane Post office which sits on an un-annexed piece of property although zoned as PLI in the Gallatin County Bozeman Area Zoning District (Donut). The other un-annexed property to the west of North 27th is zoned A-S in the Donut. This is an interesting fact because the A-S zone requires a minimum lot size of 20 acres per residential development. However, in this case the lots within the Baxter Lane Subdivision No.1 were created in 1971, well before the adoption of the Gallatin County Bozeman Area Zoning District. Most of the properties adjacent to the project site have annexed and have completed development or are in development review over the past two and a half decades. 36 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 23 of 31 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 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 intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the 37 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 24 of 31 character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in [B-2M] to be compatible with adjacent development and consistent with the residential and commercial character of the area. Community business district-mixed (B-2M) 1. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The city has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with the proposed adjacent mixed-use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings as well as some secondary residential uses like townhomes and apartment buildings. It is difficult to characterize the current land uses in the area. The size of the property and the fact it is undeveloped and there are other undeveloped parcels in the area show that the final character is evolving. The B-2M district allows a wide variety of uses, including residential, that, upon development, will inform the character of the area. Looking at a 38 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 25 of 31 larger scale, generally wider than most feel comfortable walking, include a mix of uses including large scale retail, fast food restaurants, gas station, multi-unit and single household residential, general retail, and a variety of others uses. Further, the existing zoning is B-P and B-2, both are primarily commercial character districts. The proposed B-2M is also primarily commercial in nature. The property is not within the Neighborhood Conservation Overlay District, a historic district, or any other designated area. B-2M is an implementing district of the Regional Commercial and Services future land use designation. Therefore, staff finds the B-2M supports the character of the district. 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 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. 39 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 26 of 31 Neutral. Future uses for construction on the site are not provided, so the suitability of the site for particular uses is not easily evaluated. However, considering the proposed zoning, the applicant’s narrative in support of their request, the physical size of the property, geographic location, and environmental constraints future development will likely mimic existing uses in the area. The subject property is 68 plus acres. The size of the property would allow a numerous design options for subdivisions and site plans that could accommodate many uses. The B-2M zone allows nearly all types of uses except low density residential and industrial uses. Adjacent uses are diverse. Although allowed uses in B2-M are suitable in the site the proportion assigned to a particular use may not fully implement the overall intent of the Regional Commercial and Services designation. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area and region as a result of its location and proximity to major transportation networks. Final determination of suitability will occur during the site development process. The B-2M zone is designed to, “… function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” 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. Criterion met. The site is vacant. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites as does 40 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 27 of 31 the existing B-P and B-2 designations. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2M district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections, and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “… The city has a growing need for additional housing and retail/commercial services to the surrounding community. The zoning will provide an increased alignment with the Community Development Plan’s desired increase of density. The proposed B-2M offers a positive opportunity to generate a greater sense of community scale in an established neighborhood while providing an increase in flexibility; i.e. reducing in parking requirements allow for a more optimal land use.” 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 41 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 28 of 31 Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner, Gallatin Center Limited Partnership, PO Box 906, Bozeman, MT 59771, submitted application to rezone a property totaling 63.33 acres, plus adjacent right-of- way, from B-P and B-2 to B-2M (Community Commercial Mixed). The property is within the Gallatin Center Planned Unit Development (PUD) which includes businesses such as Target, WinCo Foods, Bob Ward’s Sports, PetSmart, and Staples, among others. See Application Z-98192 for the original PUD. The area requesting rezoning is not within the developed are but to the south of Cattail Street and is undeveloped. The subject property is a part of a minor subdivision originally platted in 1997 by the current owners, Gallatin Center Limited Partnership. No future development plans were submitted with the application. The primary purpose of the original PUD was to allow alternative street design standards, see Applications Z-98192 and Z-04033. The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Regional Commercial and Service. The existing B-P and B-2, as well as the proposed B-2M zoning are implementing districts of the Regional Commercial and Service classification. The properties directly to the south and west are in the Urban Neighborhood designation. The properties to the east are Maker Space Mixed-Use. See Map Series in Section 1 below. The property is bounded by a Principal Arterial to the east (19th Avenue), a Minor Arterial on the south (Baxter Lane), and Collectors on the west and north (27th Avenue/Thomas Drive and Cattail Street), according to the Bozeman Transportation Master Plan. 42 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 29 of 31 The primary differences between the B-2 and B-2M districts are slight differences in building height, although that is not relevant in the Regional Commercial and Services areas because of the height allowance in B-2 zones, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50- 60 feet, depending on roof pitch. Building height in B-2M is five (5) stories or 60 feet. However, pursuant to table 38.320.050, maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. Residential use is allowed on the ground floor in without a Special Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved SUP. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on May 24 and 31, 2025. The Community Development Board acting in their capacity as the Zoning Commission hearing is scheduled for June 16, 2024, and the City Commission public hearing is scheduled for July 1, 2025. No comment has been received as of the date of the production of this report. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as regional commercial and service in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Regional Commercial and Service,” designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower-density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready access within and 43 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 30 of 31 adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” 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 B-2M correlates with the Growth Policy’s future land use designation of “Regional Commercial and Service”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 44 24626 Staff Report for the 2025 Gallatin Center Zone Map Amendment Page 31 of 31 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gallatin Center Limited Partnership, Box 906, Bozeman, MT 59771 Applicant: WWC Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 Representative: WWC Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=299104&dbid=0&repo=BOZEMAN 45 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-3 and R-5 on 163.98 Acres, the 5211 Baxter Lane Annexation, Application 24570 MEETING DATE:June 16, 2025 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 24570 and move to recommend approval of the 5211 Baxter Lane 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:Background The applicant and property owners seek to annex two parcels totaling 163.98 acres plus adjacent rights-of-way into the City limits and establish two initial zoning districts of R-5, Residential High Density Mixed District, and R-3, Residential Medium-Density District. The property is currently zoned “Agriculture Suburban” (A-S) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is located at the northwest edge of the existing City boundary. The City's planning area extends an additional mile to the west. The property is bounded by Cottonwood Road to the east, which is a designated Major Arterial, Baxter Lane on the south, a Minor Arterial, Cattail Street to the north, a Collector, and a future extension of laurel parkway to the west which is a designated Collector. Adjacent developments include the existing neighborhood of Baxter Meadows West to the east and the under-construction Northwest Crossing subdivision to the south. Agriculturally used land abuts the property to the north, west, and a portion of the east. The Four Corner Zoning District is also 46 to the west and designates that area as RR/A (Rural Residential & Agriculture). The process of annexation and establishment of initial zoning does not grant development rights. Development rights are granted after further review and possible approval of a plan including processes of subdivision, site plan review, and sketch plans. These review processes require detailed data on all environmental considerations on the land. These include watercourse, agricultural water user facilities, habitat, wetlands, and more. The annexation process broadly identifies these considerations to ensure future development is informed that additional review and data is required. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes both the R-5 and R-3 districts as implementing zoning districts. Nearby municipal zoning includes R-1 and R4 to the east and REMU to the south. The subject property is 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 Baxter Lane, Cattail, Cottonwood, and Laurel Parkway upon future development additional internal local street network. Application materials are available through the City's website [external link]. UNRESOLVED ISSUES:There are no identified conflicts on 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: 24570 5211 Baxter Annex_ZMA CDB.pdf Report compiled on: June 9, 2025 47 Page 1 of 49 24570 Staff Report for the 5211 Baxter Annexation and ZMA Public Hearings: Community Development Board (map amendment only) June 16, 2025 City Commission (Annexation and map amendment) July 8, 2025 Project Description: 5211 Baxter Lane Annexation requesting annexation of 163.98 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-5 (Residential High Density Mixed District) and R-3 (Residential Medium-Density District), Application 24570. Project Location: Property addresses as 5211 Baxter Lane, located on the northwest corner of Baxter Lane and Cottonwood Road more particularly described as Tract 1 of Certificate of Survey 2553A, located in the Southeast Quarter of Section 33, Township One South (T1S), Range Five East (R5E), P.M.M. Gallatin County, Montana. 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 24570 and move to recommend approval of the 5211 Baxter Lane 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 24570 and move to approve the 5211 Baxter Lane 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 24570 and move to approve the 5211 Baxter Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report Date: June 11, 2025 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative 48 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 2 of 49 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application. Project Summary The applicant and property owners seek to annex two parcels totaling 163.98 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R-5, Residential High Density Mixed District, and R-3, Residential Medium-Density District. The property is currently zoned “Agriculture Suburban” (A-S) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is located at the northwest edge of the existing City boundary. The City planning area extends an additional mile to the west. The property is bounded by Harper Puckett Road to the east, which is a designated Major Arterial, Baxter Lane on the south, a Minor Arterial, Cattail Street to the north, a Collector, and a future extension of laurel parkway to the west which is a designated Collector. Adjacent developments include the existing neighborhood of Baxter Meadows West to the east and the under-construction Northwest Crossing subdivision to the south. Ag land abuts the property to the north and west. The Four Corner Zoning District is also to the west and designates that area as RR/A (Rural Residential & Agriculture). The process of annexation and establishment of initial zoning does not grant development rights. Development rights are granted after further review and possible approval of a plan including processes of subdivision, site plan review, and sketch plans. These review processes require detailed data be collected and reviewed on all environmental considerations on the land. These include watercourse, agricultural water user facilities, habitat, wetlands, and more. The annexation process generally identifies these considerations to ensure future development is informed additional review and data is required. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes both the R-5 and R-3 districts as 49 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 3 of 49 implementing zoning districts. Nearby municipal zoning includes R-1 and R-4 to the east and REMU to the south. The subject property is 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 Baxter Lane, Cattail Street, Cottonwood Road, and Laurel Parkway upon future development additional internal local street network. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on June 16, 2025, and will forward their recommendation to the City Commission. Written public comment has been received on this application. All existing and future comment can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=299969&dbid=0&repo=BOZEMAN 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. 50 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 4 of 49 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 .................................................. 11 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 14 SECTION 4 – ADVISORY COMMENTS .................................................................................. 15 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS............................................... 15 Annexation ....................................................................................................................... 15 Zone Map Amendment ................................................................................................... 16 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 16 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 25 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 47 APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 48 APPENDIX B - OWNER INFORMATION AND REVIEWING STAFF ...................................... 48 FISCAL EFFECTS .................................................................................................................... 49 ATTACHMENTS ...................................................................................................................... 49 51 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 5 of 49 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 52 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 6 of 49 Map 2: Future Land Use Designation 53 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 7 of 49 Map 3: Current Zoning Map 54 Page 8 of 49 Map 4: Proposed Zoning for Property 55 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 9 of 49 Map 5: Color Proposed Zoning for Property 56 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 10 of 49 Map 6: Future Land Use Map Commercial Node Locations Subject Property Commercial Nodes 57 Page 11 of 49 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 “Stock Development Annexation”. 2. An Annexation Map, titled “Stock Development 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 execute Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following as part of the annexation agreement: a. Street improvements to Baxter Lane from Laurel Parkway to Harper Puckett Road including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. b. Street improvements to Harper Puckett Road from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. c. Street improvements to Cattail Street from Laurel Parkway to Harper Puckett Road including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. d. Street improvements to Laurel Parkway from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. 58 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 12 of 49 e. Intersection improvements to Baxter Lane and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm drainage. f. Intersection improvements to Laurel Parkway and Cattail Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm drainage. g. Intersection improvements to Cattail Street and Harper Puckett Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm drainage. h. 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. 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. 59 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 13 of 49 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. The Annexation Agreement must include notice that all future development will be subject to the City of Bozeman review procedures and submittal requirements in effect at the time of development. i. 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 if connection will occur immediately upon annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 9. City of Bozeman Resolution 5076, Policy 1 - Laurel Parkway is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a right-of-way ROW width of 90 feet. The applicant must provide their half of the ROW along the property frontage prior to the adoption of the Resolution of Annexation. The ROW easement must be executed using the City’s standard language. An easement exhibit must be included with the easement document. A City standard Public Street and Utility Easement template has been uploaded to the city documents folder in Project Docs. 10. City of Bozeman Resolution 5076, Policy 1 - Cattail Street is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a right-of-way ROW width of 90 feet. The applicant must provide their half of the ROW along the property frontage prior to the adoption of Resolution of Annexation. The ROW must be executed using the City’s standard language. A City standard Public Street and Utility Easement template has been uploaded to the city documents folder. An easement exhibit must be included with the easement document. 11. City of Bozeman Resolution 5076, Policy 1 Baxter Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their half of the ROW along the property frontage prior to the adoption of Resolution of Annexation as a public street 60 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 14 of 49 and utility easement. The easement must be provided prior to the adoption of Resolution of Annexation. 12. City of Bozeman Resolution 5076, Policy 1, Harper Puckett Road is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 120 feet. The applicant must provide their half of the ROW along the property frontage prior to the adoption of Resolution of Annexation. The ROW must be executed using the City’s standard language. A City standard Public Street and Utility Easement template has been uploaded to the city documents folder. An easement exhibit must be included with the easement document. 13. 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 “Stock Development Annexation Zone Map Amendment.” All required documents must be returned to the City within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation 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 “Stock Development 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. 61 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 15 of 49 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. BMC 38.410.070.A.1 The sanitary sewer collection system proposed with the annexation materials does not conform with the City of Bozeman Wastewater Collection Facilities Plan. The majority of the subject property is located within the Aajker Creek Sewer Drainage Basin as defined in section 5.4.2.2 Long Term Lift Station Improvements, which requires construction of the Gooch Hill Lift Station. A small portion of the subject property in the southeast corner that can flow by gravity may be serviced by the Baxter Creek Drainage Basin. The applicant is advised that the City does not allow private lift stations or sanitary sewer basin jumps. 2. BMC 38.410.070.A.1 - The majority of the subject property is located within the future Northwest Pressure Zone 2, which currently does not have any water distribution infrastructure to service the proposed annexation. Upon future development, the associated water distribution infrastructure must be in place to serve the proposed area. Based on the anticipated zoning the development must have 2 points of connection to the City's distribution system upon future development. 3. BMC 38.220, Part 1 – Submittal Materials and Requirements. Applicant is on notice that all required data and information concerning environmental review and other data from Division 38.220 Part 1 with the future development will be required. 4. BMC 38.360.280 – Agricultural Water User Facilities. Applicant is on notice that the affected Agricultural Water user Facility and water right holders must be contacted pursuant to section 38.360.280, BMC prior to development application submittals. 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. 62 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 16 of 49 The City Commission will hold a public meeting on the annexation on July 8, 2025. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 24570. 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 zone map amendment on June 16, 2025, and will forward a recommendation to the City Commission on the zone map amendment. 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 hold a public meeting on the zone map amendment on July 8, 2025. 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. 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 and southerly sides of the property for a distance of over 5,200 feet. 63 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 17 of 49 Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not applicable. The subject property is not wholly surrounded. Unannexed property lies to the west and north. 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 not applicable. There are no structures onsite contracting for City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Neutral. The proposed annexation continues expansion of city boundaries in a regular manner. However, the parcel landlocks a pocket of unannexed land which may, depending on one’s perspective create an irregular boundary. 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 roadways identified in the Bozeman Area Transportation Plan, 2017 Update as Collector and Arterial streets. Due to the size of the property, a quarter section, the south, east, west, and northern property boundaries are adjacent to significant transportation corridors. A future section of Cottonwood Road to the east, which is a designated Major Arterial, Baxter Lane on the south, a Minor Arterial, 64 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 18 of 49 Cattail Street to the north, a Collector, and a future extension of laurel parkway to the west which is a designated Collector. None of these corridors are constructed today with no timeframe for their construction in the near future. Cottonwood (or Harper Puckett) is only partially constructed to a local street standard. With development, these corridors will be required to be constructed. Through a variety of financing tools, the full cross section for each classification of street will be realized and thus, improve traffic circulation for the city. 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 these streets. Primary Arterials require 120 feet of right-of-way, Minor Arterials require 90 feet, and Collector streets need 90 feet. Upon development these routes must be constricted pursuant to the City’s design and specifications plans. See Terms of Annexation No. 9 - 11. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion met. The subject property is approximately 164 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 when actual demand can be more accurately determined. 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. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. 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 design extensions of services to meet the City’s adopted infrastructure 65 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 19 of 49 standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for the Collector Street of Cattail Street and Laurel Parkway, the Principal Arterial for Harper Puckett Road, and the Minor Arterial for Baxter Lane. See Terms of Annexation 9 - 12. The internal road system will be established upon further review whether it be subdivision or site plan review. Waivers of the right to protest creation or improvement districts are accounted for in the terms of annexation. These include street and intersection improvements identified by the Engineering Department. See term of annexation 5. An Anchor Route (large active transportation facilities) is identified on the subject property in the recently adopted 2023 Comprehensive Parks, Recreation, and Active Transportation Plan (PRAT). Easements for Anchor Routes may be required if deemed necessary and unlikely being able to secure easements with subsequent development. Adopted development standards included setback requirements for Baxter Creek will include public easements to realize the anchor route. Therefore, no formal easement is needed at this time. In addition, there is proposed neighborhood trail that extends westward from the north extent of city boundary and a second trail adjacent to Baxter Creek on the west side of the property. Annexation does not demand easements for neighborhood trails. These types of pathways are arranged through future subdivision and site plan application processes. 66 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 20 of 49 Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-3 and R-5. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on June 16, 2025. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on July 1, 2025. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-3, Residential Medium-Density District and R-5, Residential High Density Mixed District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the 67 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 21 of 49 property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is currently accessed by Baxter Lane and Harper Puckett / Cottonwood Road, both of which are paved. The annexation requires additional right-of-way to fully implement the City’s transportation plan. Future development will require additional transportation infrastructure to realize the goals and policies of the city. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Utilities, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Utilities and based on the zoning designation approved by the City Commission in conjunction with the future subdivision or site plan design which will provide much greater detail on expected demand for service. Term of Annexation 8 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. The Baxter Meadows development lies to the east across Cottonwood Road which installed water and sewer mains to serve their development, and the city required stubs to accommodate future development. The property to the south, Northwest Crossing, is in the process of being built and is installing utilities for their development and future development in the area. 68 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 22 of 49 The property is within the city’s utility service planning area. An 8-inch water distribution line is installed in Cottonwood Road at the intersection of Baxter Lane. No municipal sewer service is currently installed to the property. The Development Review Committee reviewed the application, and the Engineering Department provided the following comment related to city services. ▪ BMC 38.410.070.A.1 The sanitary sewer collection system proposed with the annexation materials does not conform with the City of Bozeman Wastewater Collection Facilities Plan. The majority of the subject property is located within the Aajker Creek Sewer Drainage Basin as defined in section 5.4.2.2 Long Term Lift Station Improvements, which requires construction of the Gooch Hill Lift Station. The Gooch Hill Lift Station is included in the Capital Improvement Program. A small portion of the subject property in the southeast corner that can flow by gravity may be serviced by the Baxter Creek Drainage Basin. The applicant is advised that the City does not allow private lift stations or sanitary sewer basin jumps. ▪ BMC 38.410.070.A.1 - The majority of the subject property is located within the future Northwest Pressure Zone 2, which currently does not have any water distribution infrastructure to service the proposed annexation. Upon future development, the associated water distribution infrastructure must be in place to serve the proposed area. Based on the anticipated zoning the development must have 2 points of connection to the City's distribution system upon future development. Per Term of Annexation 6.a, 6.d, and 8, 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. The Applicant provided discussion on extension of services under Annexation Policy No. 9 on page 9 of their narrative. 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 69 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 23 of 49 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. Criterion Met. City services are not currently being provided to this property as it is vacant. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works (now the Director of Transportation and Engineering) 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. 70 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 24 of 49 Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed, and returned 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. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation application. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. 71 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 25 of 49 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 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. 72 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 26 of 49 “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 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 R-3 and R-5 districts are implementing district of the Urban Neighborhood designation. Except from BCP2020 Future Land Use Map: In finding that this application meets criterion A, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City 73 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 27 of 49 Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP 2020 approaches growth as something that overall is positive but recognizes that it does not come without consequences and that the community will change over time. Large swathes of single use zoning is generally not supported by the BCP 2020. No metric for what is considered “large” has been established. Although some zoning districts, REMU for example, require minimum areas to qualify most do not. The City’s development code does not include a requirement to mix housing types, therefore consumer preferences, developer preference, and lending practice to influence housing types. Application of multiple zoning districts on larger parcels is one method to increase the likelihood of a diversity of housing stock. The BCP 2020 includes many goals and objectives to encourage a variety of housing types and the production of missing middle housing that supports a variety of goals and polices. The allowed uses in the R-3 district include many forms of “missing middle” including duplexes, triplexes, fourplexes, and townhomes. The location of this property is unique due its distance to existing commercial activity, employment centers, educational opportunities, and other City services because it is nearing the jump to next Commercial Node identified on the BCP 2020 proposed west of the subject property on Baxter Lane. See Map 4 in Section 1 which shows the property largely centered with three commercial nodes. The R-3 and R-5 zoning districts correlate with the principles applied in the Bozeman Community Plan 2020. A few of the ten principles listed under Basic Planning Precepts of the Plan are supported by these districts. For example, “land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development.” And “gathering places and open spaces, including parks and trails, should be in convenient locations to those they serve. Quality and function is superior to quantity alone.” The latter is achieved by the City’s adopted development code. 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 74 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 28 of 49 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. Starting on page 12 of the Narrative, a series of goals and objective their application furthers are listed with supporting analysis. Staff provides additional analysis below. Goal N-3: Promote a diverse supply of quality housing units. As noted above the area is designated as Urban Neighborhood according to the FLUM. 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. Although, in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features, we generally assume the most density permitted by a given zoning district. As noted on the annexation and zoning maps, there are considerable natural features that will limit impervious surfaces and placement of buildings. Without constraints it would be reasonable to assume a developed density of 18 dwelling units per net acre for both the R-3 and R-5 zones combined. 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. Limited commercial activities are available today. There is an evolving center at the intersection of Cottonwood and West Oak, the developing node at Baxter Ln and Fowler Ave, and the planned commercial node to the east described above. The city must balance 75 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 29 of 49 encouraging housing development with development constraints and proximity to employment, entertainment, education, and supporting its climate action initiatives. Detailed analysis of site conditions is a requirement of both subdivision and zoning review and will identify areas to be protected. For example, the watercourse setback along Baxter Creek will apply regardless of what municipal zoning district is placed on the property and continue the over two-mile long protected corridor in the city. Therefore, the proposed combination of R-3 and R-5 zones is appropriate for this property. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation, then the requested R-3 and R-5 zones will not occur. If the City does not annex then development on individual wells and septic systems outside of the city may occur. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The is a quarter-section surrounded by Collector and Arterial streets as described in the Transportation Master Plan adopted in 2017. Properly designed internal circulation and the adjacent primary transportation routes are designed to accommodate urban development as proposed with this zoning application. Therefore, placement of higher density development adjacent to Harper Puckett, Baxter Lane, Cattail, and Laurel Parkway is consistent with this objective. The REMU zoning to the south makes the intersection of Cottonwood Road and Baxter Lane a high visibility street corner. Additional internal street grid will be required and constricted to further improve access in and through the site. Evaluation of the degree of required road improvements will occur with formal development review. 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. Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a neighborhood plan under their growth policy, to identify County priorities for this area of the county. Implementing zoning was updated for the new neighborhood plan and is now in place. “The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to provide comprehensive, long-range guidance relative to the growth and development…” 76 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 30 of 49 The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says, “It is not the intent of this Plan to prematurely discourage existing agricultural operations; rather it is the intent to accommodate the needs of present agriculture while recognizing an inevitable transition to a more urban landscape.” Gallatin County recently completed adoption of a future land use map for their growth policy. The County’s FLUM shows this property as part of the “annexation holding area” adjacent to Bozeman. The proposed annexation and zoning of this property will extend the municipal boundary west towards a future extension of Laurel Parkway, a designated Collector street. This application for annexation follows extends previously annexed property directly to the south and southwest in 2019 and 2024 which are now being developed. The Northwest Crossing is directly to the south and the Baxter 80 Annexation is to the southwest. The municipal service area and planning area of the city extends another mile to the west. 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. The site is within the Annexation Holding Area on the County’s future land use map supporting their growth policy. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east and south. It adds approximately 160 acres to the City limits that is available for urban development while maintaining a consistent city border. 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. 77 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 31 of 49 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 supports an opportunity to create unique areas through a well-planned subdivision or site plan. See also RC – 3.3 response. 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. 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. No habitable structures are on the property, only a few ag existing buildings. The property is not within any delineated floodplain nor does it have other known natural hazards. However, there are water course, agricultural water course facilities, and associated wetlands that will be identified, analyzed, and mitigated with subsequent development applications. 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. Water Main Extension and Services are the responsibility of the property owner. The applicant, at its own expense, must extend and loop a City standard water distribution and sewer collection to service the subject property at the time of connection and must meet City of Bozeman Design and Construction standards. 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 78 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 32 of 49 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. Development of future arterial and collector streets will include active transportation elements to facilitate walking, rolling, and biking. Compliance with the BCP 2020 advances the well-being of the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” 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 and best methods to provide service 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 79 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 33 of 49 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, multiple major transportation corridors serve the site and are planned for extension upon development. All streets in the city must meet or exceed the city’s complete streets policy. Development of any urban zoning or more intensive County zoning district will require changes 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. The property is bounded by Cottonwood Road to the east, which is a designated Major Arterial, Baxter Lane on the south, a Minor Arterial, Cattail Street to the north, a Collector, and a future extension of laurel parkway to the west which is a designated Collector. Required ROW easements are required and a part of the terms of annexation. The subject property is located within two identified drainage basins’, the Upper Baxter Creek Sewer Basin and Aajker Creek Sewer Drainage Basin. Currently there is no physical infrastructure in the Aajker Creek Sewer Drainage Basin. Specific development standards apply to these situations and are addressed with further development review. The Engineering Department identified these issues and provided comments to the applicant that specific sanitary sewer infrastructure improvements will be reviewed with future development applications. Additionally, the subject property is located outside of the City’s current service area for municipal water. The applicant is advised a minimum of two points of service connection must be in place to satisfy City standards, and that specific water infrastructure improvements will be reviewed with future development applications pursuant to section 38.410.070.A(1), BMC. 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 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 arterials streets is part of the annexation process as is agreement to follow the City’s development standards. With future development proposals, the applicant must 80 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 34 of 49 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. E. Reasonable provision of adequate light and air. Criterion Met. The R-3 and R-5 zoning designations have 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. Minor Arterial streets require a minimum width of 100 feet and Major Arterials require 120 feet. Therefore, ROW width plus required setbacks ensure a minimum of 120 to 140 feet of separation between buildings. In this case, there is an additional 50-foot common open space on the east side of Harper Puckett effectively increasing future and existing building separation to at least 190 feet. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. The site has watercourses, streams, wetlands, and riparian areas running through the property. The City requires protection of wetlands and watercourses. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Harper Puckett, Baxter Lane, Cattail, and Laurel Parkway 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 Cottonwood Road as a Major Arterial, Baxter Lane on the south as a Minor Arterial, Cattail Street to the north as a Collector, and a future extension of Laurel Parkway as a designated Collector. Required ROW easements are required and a part of the terms of annexation. 81 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 35 of 49 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 as the Bozeman Transportation Plan. These three streets will be the primary collector and arterial accesses to the site over time. Local streets will link the larger arterial and collectors. Further capacity expansion to the transportation network is planned, such as upgrading the condition of Baxter Lane, construction of Cattail Street, and Laurel Parkway including appropriate traffic control measures as warrants dictate. These expected actions to implement the Transportation Master Plan will mitigate impact on the larger transportation network as the overall area develops. Not all these expansions will be the responsibility of individual projects. For example, the City recently completed installation of a round-about at Baxter Lane and Cottonwood Road. Support of multi-modal transportation is limited today due to the rural character of Baxter Lane west of Cottonwood; but multi-modal services is a minimum element for all city streets. Recent expansion to Cottonwood Road and Baxter Lane east of Cottonwood Road improved active transportation connectivity to the site. Due the property’s location and still under development commercial nodes there are limited destinations within walking distance and bicycle infrastructure. Capacity and connection will occur with future development of the site. City plans acknowledge the tension created with development. Not all goals and policies are furthered immediately with a particular application. The need for housing, the logical extension of city limits, and planned future commercial and other supporting uses near the subject property outweigh negatives associated with this development. Future development of this property provides opportunity to expand the pedestrian network through installation of sidewalks such as a new East-West link to the development to the east. Bike and pedestrian travel is much more sensitive to distance than motor vehicle travel. Sidewalk installation is a minimum development standard under Chapter 38. This expands and improves the non-motorized transportation system. These links will be required with any future development under any municipal zoning district. 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. 82 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 36 of 49 The Walk Score is low with a walk score of one and a bike score of 33. Such values are to be expected in undeveloped areas which have not yet had infrastructure and urban uses installed. As noted above, both infrastructure and uses will be extended through development. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their intent of constructing mixed-use is executed, scores will improve over time. 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. Prior to occupancy or other appropriate trigger, the applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. The Applicant has been advised of specific code provisions that will apply with future development proposals. G. Promotion of compatible urban growth. Criterion Met. 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) 83 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 37 of 49 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 38.700 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 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. The proposed R-3 and R-5 districts are residential in character. The allowed uses for residential districts are set in 38.310.030. Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows permitted uses in the R-3 and R-5 districts and Table 38.310.030.B details permitted accessory and non- residential uses in residential zoning districts. Adjacent zoning includes R-1, R-4, R-5, and REMU. REMU allows more intense development pattern that the other residential zones. Multi-household structures are adjacent to the property to the south. The application proposes locating the R-5 zone next to the REMU to the south and a combination of R-3 and R-5 on the east adjacent to the existing R-1. See existing and proposed zoning map below. 84 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 38 of 49 Existing and proposed zoning map The form and intensity standards for residential districts are in 38.320.030. The existing Baxter Meadows subdivision (zoned R-S, R-1, R-3, R-4, R-5, and B-2) has developed between 5 – 28 living units per acre. According to City code the required minimum density for the R-1 through R-3 districts is 5, R-4 is 8 dwelling per net acre, and R-5 is 8 dwelling per gross acre. All of these densities are consistent with nearby areas. The more intensive development elements allowed in the R-5 district is subject to additional development standards established in Article 38.500, Project Design, of the municipal code. These standards address both site and building design to enable Proposed R-3 85 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 39 of 49 differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. Section 38.500.010. – Purpose states: “This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” The intent of the R-3 district, 38.300.100.D, BMC, “…is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. 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. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. The intent of the R-5 district, 38.300.100.F, BMC, “is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 86 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 40 of 49 2. Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” The proposed amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to transition from rural to urban development. The unannexed areas adjacent to this property are agricultural. The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” 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. 87 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 41 of 49 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. 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 immediately adjacent to 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 R-3 and R-5 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. 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, existing roads and a park will provide a buffer between future development on this parcel and existing residential and agricultural uses, and promotes urban growth as called for in the BCP 2020. The 88 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 42 of 49 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. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is a rural. 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. Similarly, development will likely be different from other annexed properties. For example, property to the south is zoned REMU and is planned to develop with a variety of urban scale residential development. 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, 89 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 43 of 49 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.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows a variety of zoning districts. Including: ▪ Un-zoned areas to the north used as ag land. ▪ R-1, which allows a variety of housing types of primarily single unit detached homes. ▪ R-4, a high-density residential development through a variety of housing types within the city with associated service functions. ▪ R-5, a residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. ▪ 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. ▪ Agricultural Suburban (A-S) is a county zoning district focused on low density residential and preservation of agricultural operation until it transitions to urban development. See discussion under Section 6, Criterion A above. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. The maps in Section 1, municipally zoned areas in the immediate vicinity are both low and high range of zoning district intensity. This is consistent with the City’s previous and current growth policy and infrastructure planning. The character of the larger area is in 90 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 44 of 49 the process of changing with multiple large and intense developments now under construction or in review, namely, Northwest Crossing. Half of the area adjacent to the site is agricultural and the other half has already transitioned from rural to urban, as described in Section 6, Criterion A. Therefore, the character is not fully defined and is suitable to add additional uses. All of the uses allowed under the R-3 and R-5 districts are allowed in the adjacent REMU zone. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, strives to encourage a diverse development pattern and avoid large areas of single use development. This is further supported by the statement in the description of the Urban Neighborhood future land use category, “Large areas of any single type of housing are discouraged.” No size is specified for what is a large area. Therefore, when considering the character of an area it is expected that there will be diversity of development types. This diversity is also shown on the zoning maps in Section 1. Development within the City is more land efficient than rural or suburban development in unannexed areas. Urban intensity development whether more intensive apartment style development or more typical medium density residential is much more land efficient than rural/suburban development. Suburban development consumes 135 times the amount of land and the rural consumes 594 times the amount of land per home than urban development. Development within the City also provides for a wide range of housing types to meet a wide range of housing needs. Development within the City lessens likelihood of conversion of agricultural and open spaces to other uses but does convert uses on some land with annexation. The City expects urban development within the municipal boundary. Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. As noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. The R-3 and R-5 zoning districts and the adjacent R-1, R-4, R-5, and REMU zoning districts are residential in nature and are more similar than different in uses and standards. Development in R-3/5 is more intensive than that allowed in the R-1 district, such as a limited apartment buildings (structures that host up to eight dwellings units) and apartment building. These are subject to the standards of Article 38.5. Article 38.5 91 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 45 of 49 which imposes a variety of standards on site and building design to mitigate potential impacts on adjacent properties. Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria is saying: “Second, 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.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-3 and R-5 to be compatible with adjacent development and uphold the residential character in an area where R-3 or R-5 is applied even if the intensity between districts is different. The following excerpt from the BCP 2020, page 75 describes the City’s adopted approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst-case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, protection of wetlands and watercourses, and similar site and building standards address character and compatibility. These and other 92 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 46 of 49 standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Finally, Theme 7 of the BCP 2020 includes this statement: “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.” This objective describes the situation now under review. The City is expanding outwards by annexation. Gallatin County has identified this area as a growth area in its land use planning documents. There will be a distinct edge between the A-S, R-3, and R-5 zoning districts with different intensity of residential uses. Staff concludes that R-3 and R-5 are not significantly or detrimental from or to the surrounding zoning is compatible urban growth called for in the growth policy. See also discussion for Section 6, Criteria A, G, and F. I. Peculiar suitability for particular uses. Neutral. The proposed amendment does not modify the existing standards of the R-3 or R-5 districts. Therefore, the impact of the amendment is limited to this application site. The property is generally flat with a fall to the northwest and a steep slope in the NE corner. Watercourses and ag ditch cross the property from south to north. Groundwater in the area is shallow and potentially at hazard from onsite sewage treatment. The property is within the City’s planning area for land use and utility extensions and the County’s annexation holding area. There is frontage on Baxter Lane, an arterial street, 93 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 47 of 49 and Harper Puckett, which is an arterial street. Municipal utilities and emergency services can be extended to the area. These features are not unusual for properties adjacent to the City. The described features support annexation and development within the City. There are not sufficient distinctive characteristics of the property to make a positive or negative findings for this criterion specific to an individual zoning district. J. Conserving the value of buildings. Neutral. The proposed amendment does not modify the existing standards of the R-3 or R-5 districts. R-3/5 zoning are residential in nature and allow a variety of housing types as long as the minimum density standards are met. The immediate Future Land Use and zoning surrounding the property is residential in nature. 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. Existing structures on the site are small agricultural buildings. 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 R-3 and R-5 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 the site is able to support a higher intensity of uses as allowed within the R-3 and R-5 zoning districts. Furthermore, the proposed R-3 and R-5 zoning designations are generally consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. 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 94 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 48 of 49 AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO- THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on May 31 and June 7, 2025. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. Public comment has been received on this application and is available at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=299969&dbid=0&repo=BOZEMAN APPENDIX B - OWNER INFORMATION AND REVIEWING STAFF Owner: SD Baxter MT, LLC, 2639 Professional Circle, Suite 101, Naples, FL 34119 Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59901 Representative: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59901 Report By: Tom Rogers, Senior Planner, Community Development Department 95 Staff Report for the 5211 Baxter Annexation and ZMA, Application 24570 Page 49 of 49 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. https://weblink.bozeman.net/WebLink/Browse.aspx?id=294392&dbid=0&repo=BOZEMAN 96 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Continued Discussion of Unified Development Code Update from June 2nd Focusing on Tools to Address Mass and Scale of Buildings MEETING DATE:June 16, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Discuss and determine whether to make a recommendation to the City Commission on methods to address mass and scale of buildings 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:At the May 5th meeting, the Board packet materials identified some of the primary issues identified in public comments received during the recently completed supplemental public engagement. The mass and scale of buildings was a common theme in the comments. The Board requested that the staff schedule discussions for the Board on topics relating to the code update during regular meetings of the Board. The first was on May 19th to discuss how to approach requested amendments to the zoning map. The Board began discussion of zoning tools used to address mass and scale of buildings on June 2nd. The attached memo describes each tool, identifies which are presently in use, and if they are proposed to continue in the new draft. The focus of this discussion is not the specifics such as "X feet" setback but rather the general tools. Duplicative tools create additional complexity in the code with limited benefit. Omission can result in unwanted outcomes. Each tool has advantage and drawbacks. The Board received a presentation from staff and received public comment at the June 2nd meeting [external link]. Discussion on this item begins at 1:28:30 in the recording. Staff presented information on the general purpose of the discussion and addressed individual tools at the indicated times in the recording: lot setbacks 1:36:30, lot area 1:38:00, height 1:39:35, stories/vertical massing 1:45:20, wall plate height 1:49:40, floor area ratio 1:58:55, building design standards 2:05:45, step backs & planes 2:16:35. 97 Public comment begins at 2:55:15. The Board made two motions to recommend that the City Commission not include Lot Area or Floor Area Ratio as standards in the Unified Development Code update. Both motions passed. The Board continued the discussion to the June 16th meeting. The City Commission held a meeting on June 3rd to discuss topic areas where they are interested in conducting work sessions for the UDC update. The discussion began at 38:30 in the recording of the meeting [external link] and lasted approximately 3 hours. Tools relating to mass and scale of buildings were included in the topics they wish to address and they will hold a work session on June 24th on this topic. Additional work sessions on other topics, zoning districts and map changes, uses in districts, and environmental are being scheduled. That will be shared with the Board once it is completed. UNRESOLVED ISSUES:Determination of recommendation to City Commission. ALTERNATIVES:As determined by the Board. FISCAL EFFECTS:No budgeted funds are expended with this discussion. Attachments: CDB June 2 2025 Mass and Scale Memo.pdf Report compiled on: June 11, 2025 98 Report To: Community Development Board From: Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Community Development Director Subject: Unified Development Code (UDC) Update – Building Mass and Scale Tools Meeting Date: June 2, 2025 General Background The City completed supplementary public engagement on the draft UDC update in May. The staff reported to the Board on the outcomes of that engagement. The City Commission continues their consideration of the issue. Compiled outcomes from the Phase II engagement materials: a. Phase 2 workshop notes – 6 workshops, 2 online and 4 in person held b. Phase 2 board summary – 6 advisory boards, continuation of process c. Phase 2 presentation survey report and individual responses – Concluded May 8th, addressed more specific questions related to earlier comments and consider tradeoffs in priorities. Survey report filtered by Owners and Survey report filtered by Renters. d. Phase 2 chat toolkit report – 7 persons submitted chat reports on 20 topic responses. This project is the first time the City has tried using this engagement tool. One response also includes a survey that is different from the questions the City asked with the Phase 2 survey. The Community Development Board expressed a desire to continue discussion on elements in the UDC update while the Commission continues its work. Building mass and scale were common areas of public comment. This discussion is an opportunity for the Board to consider the tools used in the UDC update draft to address these issues. The desire to control the built environment (mass, scale, height) for a particular outcome is not new. The first purpose of zoning in the United States was to control bulk in places like New York and Chicago. The purpose has evolved with time. As has the justification for adopting zoning regulations. 99 2 The first use of basic zoning was to address very real social, environmental, and health issues. A seminal text written in 1890 that was nationally influential in encouraging a more deliberate management of community change illustrates the need for balancing capital with community. Jacob Riis, How the Other Half Lives” [External Link] provides a stark and vivid portrayal of how communities have evolved, how the built environment needs to respond to changing conditions, and the need and evolution of the police power to regulate land use. As building codes and other regulations have changed to address some issues the need for zoning to also address those issues has decreased. Balancing the desire of incremental development and redevelopment with meeting the needs for housing for existing and relocated individuals is fraught with challenges. The Bozeman Community Plan 2020 (BCP2020) [External Link] includes seven themes. Realizing each outcome tends to create tension between competing outcomes.  A resilient city  A city of unique neighborhoods  A city bolstered by downtown and complementary districts  A city influenced by our natural environment, parks, and open lands  A city that prioritizes accessibility and mobility choices  A city powered by its creative, innovative, and entrepreneurial economy  A city engaged in regional coordination The BCP2020 address the fundamental tensions of growth. How do we maintain and respect exiting developed areas and the people who live here and accommodate those who wish to join the community. Chapter One addresses “To Grow or Not to Grow” and “Does the City Have to Grow.” It also addresses implementation “The City must balance many issues in approving urban development. Therefore, it is not unusual if there is some tension between competing priorities, even if there is no explicit contradiction of policy.” p. 73 The city is proactive in addressing the need for housing for all residents. Numerous goals and objectives of the BCP2020 focus attention on housing as does the Community Housing Action Plan. Anticipating the Code Update the city performed a code assessment to identify possible changes that could improve the Unified Development Code (UDC), zoning map, and development review processes to both maintain needed standards and outcomes, and remove regulatory barriers to the creation of affordable housing [Unified Development Code Affordable Housing Assessment]. Changes to form and intensity standards are discussed beginning on page 23. The draft UDC is implementing many recommendations from the report. Resources describing concepts to control the built environment are very wide ranging. These controls all have pros and cons depending on the context being employed and the community’s desired outcome, or what the community hopes to achieve by a particular set of regulations. 100 3 As a foundation and to help standardize terminology two generally accepted resources as the foundation of the City of Bozeman’s language is the “Planning and Urban Design Standards” by the American Planning Association and the “Complete Illustrated Book of Development Definitions” by Moskowitz, et. Al. The meaning of specific terms is also influenced by State and Federal definitions and the context and cultural influences of the location they are employed. This nuance is explored in detail in both resources. A variety of tools are available to control the size and proportions of a structure and its relationship to adjacent properties. Most zoning codes employ more than one and must be considered wholistically to work and are steeped in the context of the community. What works in one community may not achieve another’s desired outcome. These zoning standards impact land efficiency, housing stock, and costs. • Height: Maximum building height to maintain similarity between buildings. • Lot Setbacks: Required distances between a building and property lines, roads, or other structures. • Floor Area Ratio (FAR): A ratio of a building’s total floor area to the size of its lot, which helps control density and scale. • Lot Coverage: The percentage of the surface of a lot that can be covered by buildings, ensuring open space for landscaping, recreation, or other non-building uses. Tangentiality, any requirements that add impervious surfaces, such as sidewalks, porches, and mandated driveway widths can be viewed as a bulk control when excessive lot coverage requirements are in place. • Width/size: A limitation on the maximum building width to the street or overall total area. • Elevation Design Requirements: Ratios, formulas, or specific measurements requiring the street-facing front elevation of a home based on certain conditions, such as a garage. Bozeman’s development code uses all these tools to varying degree in residential, commercial, and industrial zones. See Division 38.320 [external link] for the current form and intensity standards (setbacks, height, lot area, etc.) and Division 38.530 [external link] for building detailing standards. To review the same topics in the current draft of the updated UDC [external link] see Article 2 and the individual descriptions of each district and Division 38.520. Many elements from the existing Division 38.530 have been merged into the individual district descriptions under the updated draft. The UDC is a primary implementation tool of the Growth Policy or Community Plan. With each revision of the growth policy, the city initiated edits to the code to realize the community’s desires. State law requires regulations to be in accordance with the adopted growth policy. The current draft of the UDC being considered today is a result of this effort. We have heard though public comment, open houses, survey’s, workshops, and public meetings the community is concerned about the impacts of the community’s growth and in particular the size and scale of new individual residential buildings and multi-unit 101 4 buildings. The current and proposed bulk and scale standards are of keen interest. All recent development was reviewed by the existing development code which some have found incongruent with their desires. Others found the outcomes desirable. The draft code evolves these standards and proposes a different approach to mitigate impacts. Zoning codes generally fall into two types: Euclidian and form-based zoning. Euclidean zoning is the separation of land uses by type—residential, commercial, retail, industrial, etc. —each into their own zones or areas within a given city and subject to standards for those districts. Form-Based Code (FBC) is a means of regulating land development to achieve a specific urban form. The primary focus is on form rather than use as with a Euclidian approach but does not ignore uses. There are pros and cons to both approaches. Most communities, like Bozeman, employ a hybrid approach by utilizing a combination of Euclidian and form-based concepts to achieve the desired outcome. The draft code relies more on FBC than the existing code. See example provided below, Exhibit A. No one standard adequately addresses all the concerns of the community or the characteristics of construction. The following graphic helps illustrate the way these concepts work together. Each identified subject (illustrated by a colored circle) allows for a range of actions or sets a standard. A project must meet each of the regulations. Only where a proposed project can meet all of the standards may it be approved (illustrated by the orange shape). Each standard helps to constrain the potential for excess in other standards. This interplay has been recognized for a long time as is shown in the discussion on floor area ratios in a report from the Planning Advisory Service, American Society of Planning Officials, Information Report No. 111, June 1958 [External Link]. When considering how these standards work together it is important to remember and consider the range of uses that will be subject to the standard. If only homes are considered then a different outcome may acceptable than the schools, churches, daycares, and other activities are also allowed in a residential zoning district are part of the consideration. 102 5 Floor Area Ratio Floor Area Ratio is a tool that cities can use to control building size and density, but it can also have a profound impact on housing availability and affordability. While FAR intends to maintain a city’s character for overall massing of buildings and ensure orderly development, strict regulations can stifle much-needed housing production, especially with redevelopment opportunities within in-demand communities. A description of Floor Area Ratio from Wikipedia, “Floor area ratio (FAR) is the ratio of a building's total floor area (gross floor area) to the size of the piece of land upon which it is built. It is often used as one of the regulations in city planning along with the building-to- land ratio. The terms can also refer to limits imposed on such a ratio through zoning. FAR includes all floor areas but is indifferent to their spatial distribution on the lot whereas the building coverage ratio (or lot coverage) measures building footprint on the lot but is indifferent to building height.” What is considered an acceptable FAR varies widely by location. Analysis in the 2009 community plan evaluated land development for non-residential development which showed that new development in the B-3 district in 2007 had a mean FAR of 3.58 while overall in the city the mean was 0.99. Bozeman only implemented FAR for housing as a standard in 2018 with varying values by zoning district. The UDC in effect today uses FAR in all residential districts except R-5 and RMH. Existing height, setbacks, and open areas requirements renders FAR often less relevant for managing the scale of residential structures. As a solution the draft UDC suggests a more 103 6 functional tool with wall plate height. This tool limits structure height on small lots and mitigates the impact a new larger structure might have on adjacent properties by limiting the vertical wall adjacent to neighboring property(ies). Only the UMU district includes a FAR in the commercial and industrial zones. The UMU district is deleted in the updated code. There are no FAR’s proposed in the draft UDC due to the strongly variable relationship between existing conditions and any FAR. For example, the area along Lindley Place has a pattern of smaller homes while the area near Cooper Park has a greater proportion of larger homes, and the area near Alder Creek Park a still greater proportion of larger homes and all three areas are currently zoned as R-2. Identifying an FAR that is properly proportionate to all conditions in a zone both built and yet to be built is difficult. The draft UDC employs substantially more robust transitions and step back program to mitigate impacts to adjacent zoning districts of lesser intensity. Review of the efficacy and utility of FAR throughout the United States reveals mixed results and general consensus that strict FAR standards tend to limit housing flexibility (types of homes), housing supply (increasing number of units), and increase cost because of few units. The Growth Policy addresses each of these potential issues by encouraging the opposite. However, FAR remains a tool to manage bulk and scale of new buildings. Building Height Residential The allowed maximum varies by roof pitch and district in the current UDC. Roof pitches and maximum heights have changed numerous times over the past 25 years. Maximum height as a fixed number in practical design is influenced by slope of the site such as the area along Kenyon Drive or S. Tracy by Longfellow School. Varies by district in draft UDC. Regulated by combination of number of floors and maximum floor height permitted in district. The addition of wall plate as described below helps limit immediate impact on adjacent properties in less intensive districts. Shifting to stories rather than fixed number of feet allows for a greater variety of roof forms and does not penalize certain architectural styles like the International Style exemplified by this 1940’s home at Babcock and S 7th that don’t use pitched roofs. 104 7 Commercial/Industrial Varies by roof pitch and district in current UDC. Not all districts include roof pitch as a component. Specified height number is often subject to a variety of allowed encroachments and exceptions. Varies by district in draft UDC. Regulated by number of stories permitted in district and maximum height per story. Maximum story height varies by district to accommodate the different expectations of operations in each. Setbacks Setbacks establish minimum distances from a property line to the outer walls of buildings, most commonly to provide adequate sidewalk space on streets, provide emergency access, give access throughout a site, and to avoid conflicts with adjacent structures. Setbacks may also be instituted to allow access to public utilities buried below ground, or for protection of nearby environmental assets like wetlands, and provide recreation space in residential zones. Residential Zones Setbacks are consistent by district in current code. Setbacks are currently subject to numerous allowed encroachments. Setbacks may have some differences by use. For example, a townhome which shares a wall with the adjacent property has a different side setback for the wall that is shared than the wall that is not shared. Standards for the REMU district are quite different than the other residential districts. 105 8 The proposed front and rear setbacks are lessened in front and back, but encroachments are no longer allowed. This simplifies the code and makes it simpler to understand. In the proposed code there are some differences by district to help distinguish the districts from each other. Commercial/Industrial Non-residential districts, existing and proposed, have greater variation due to the differences in function and needs of users in the districts. Districts like the proposed B3-C are strongly representative of the existing construction in the area while B2-M is more often seen in areas with unbuilt sites or areas being redeveloped. Maximum Building Size/Width Residential Zones There is no set maximum building size in the current UDC, with two exceptions; Apartment buildings, limited, has a maximum size limit in the R-3 zone. The R-2 and R-3 districts also has a limitation on the number of townhomes or rowhomes that can be constructed in a single group. A single home, staying within the setbacks and other standards of a district may be built to a numerically unlimited size. Section 38.530.040 does apply standards on variation of the façade to visually lessen the appearance of a long wall but does not have a specific limited distance. The proposed code identifies a maximum building size by square footage and maximum building width for residential districts. These standards differ by district. R-A and R-B have building size limits. All residential districts have width limits with RMH having the smallest of the allowed width sizes and R-D the greatest. Commercial/Industrial Zones Section 38.530.040 of the current code applies standards on variation of the façade to visually lessen the appearance of a long wall but does not have a specific maximum wall length. Functionally, the City’s standards for maximum block length require streets at certain intervals and limit building size. However, depending on local conditions block lengths can be quite long. The proposed code does establish a maximum building width standard which varies by district from 125 to 250 feet in commercial districts and some industrial districts. Section 38.260.110 provides additional details on how the standard is applied. Story (floor) Height Residential Zones There are no story height minimums or maximums in residential districts in the current UDC. A single-story building can be built to the maximum height allowed in the district. 106 9 Minimum and maximum story (floor to floor) heights is proposed in the draft UDC. This is responsive to expressed community concern on scale of redeveloping areas and provides additional design flexibility in greenfield development. Additional information on interpretation of the standard is provided in 38.260.130 of the updated draft UDC. Commercial/Industrial Zones Minimum story (floor) height varies by district, use of building, and Block Frontage designation in the existing code. Minimum floor heights do not apply in industrial zones. Minimum and maximum story (floor) heights apply to all stories in the draft UDC. In 2020, Ordinance 2062 established a minimum 15’ for commercial use height requirement for ground floors in commercial districts to provide the ability to adapt spaces as tenants in building change out. This minimum standard did not apply to subsequent floors. The standard measures from floor-to-floor surface and allows for a variety of support structures and utilities which vary by building and user. The ordinance resolved conflicts between code sections and the NCOD Chapter 4B guidelines. Functional minimum floor to floor heights on upper floors vary by the type of uses such as residential or office. The draft of the updated UDC leveraged the existing standard to set an upper limit cap to how far a designer can stretch the size of a “story” and constrain maximum size of a building. The transition to stories rather than a fixed height was suggested with the Downtown Improvement Plan adopted in 2019. The new approach intends to constrain maximum height of a building without creating fixed uniformity or monotony of height. One of the elements people find favorable about Main Street is the variation in building heights even when the same number of stories are present as shown in the photo below. 107 10 Image source: Google Streetview Wall Plate The wall plate option is a new alternative to address massing, especially in less intensively developed areas. Wall plate limits the maximum height of an exterior wall to prevent “looming” from one site to another. From the UDC Update Project Web Site: “Note: This part of the code was an area of significant interest in public comment received to date. Changes related to this part of the draft code may result from upcoming engagement efforts. Edits are not included in the draft released on Oct 29, 2024.” Definitions and rules of interpretation will help explain terms used in the document. Wall plate is described in Sec. 38.260.100.B on page 2-108. Story height is detailed in multiple locations including in each zoning district’s building standards and in Sec. 38.260.130.A and B. of the update draft. The combination of wall plate to constrain building wall size and number and size of stories provide flexibility for the designer and some predictability for adjacent owners. Wall plate is a response to public concern on scale of development, especially in existing lower intensity areas experiencing redevelopment. More intensive zoning districts may not have a wall plate limitation to allow them to have the taller buildings that are intended in those districts. Wall plate height for the R-A district is currently at 25 feet. This means the wall must not exceed that height uninterrupted. If people have a basement or raised foundation that additional height will limit how tall each story above can be in order stay inside the overall wall plate height. 108 11 Example of the REMU District – 38.220.070.A60.B.4, excerpt of dimensional standards below. (page 2-31) • Maximum of 5 stories • First floor is 15 feet • Upper floor height of 15 feet • Maximum of 75 feet The Wall Plate approach to mitigating large imposing buildings is a direct result of the limits from the Bozeman’s experience utilizing FAR for the same. Scaling the wall plate height (25-feet) to approximately 2 stories with a small allowance for the foundation and grade balances the need to generate housing stock, allowing individual property owners the ability to appropriately utilize their property, and mitigate potential impacts on 109 12 adjacent property. Required setbacks improve the efficacy of the well plate maximum to ensure adequate view, sunlight, and space is provided. Step Backs & Planes Step-backs refer to step-like recessions in the profile of a building and are often used as outdoor terraces in both residential and commercial buildings. Initially used as a method of maximizing the height of masonry structures, architectural step-backs in modern day applications are usually implemented for practical purposes such as the preservation of sunlight on neighboring structures, yards, sidewalks, or parks. With step-back ordinances, structures are allowed to rise straight-up a certain number of stories beyond which they are subject to step-backs away from the initial façade that follow a prescribed method to establish the step back. Extent of step backs in height and depth may vary by district. Bozeman currently uses an inclined plane, of 45° to establish the boundary of required step backs. Other methods measure from a different set of beginning points, but in all cases the building must refrain from piercing the resulting sky exposure plane. In the current code, step backs are only applied at zone edge transitions. The updated draft changes the method of determining step back from an angled plane to a direct standard of a number of stories up and specified minimum distance back from the façade. The updated draft increases the number of circumstances in which step backs are required, see 38.360.070 beginning on page 2-97 of the draft. Step backs are applied at more than just district boundaries in the updated draft such as in the B3C district. Image from City of Toronto 110 13 Staff will present visuals at the meeting to assist in the understanding of regulating mass and scale tools as they relate to the draft code. The city has also prepared a resource to help people compare the existing and proposed form and intensity standards for each district. This resource is available on Engage Bozeman [external link]. Transitions Transitions are a special case for mass and scale controls as they typically only apply at district edges. Their applicability may vary depending on other decisions made regarding mass and scale control tools. They will be considered separately in a future discussion. 111 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Upcoming Items for the July 7, 2025, Community Development Board Meeting MEETING DATE:June 16, 2025 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 items are presently scheduled for review at the July 7, 2025, Community Development Board meeting: 1. Application 24714 [External link], 2221 S 3rd Ave Annexation Zone Map Amendment. Considered in the role of the Zoning Commission. 2. Application 25017 [External link], Meadow Bridger Preliminary Plat Considered in the role of the Planning Board. 3. Continued discussion of the UDC update, application 21381. Considered in the role of the Planning Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: May 14, 2025 112